Title 16 DEVELOPMENT
Chapter 16.132 ADMINISTRATION
16.132.030 Public hearing procedure.
A. The planning commission or the city council may recess a hearing in
order to obtain additional information or to serve further notice upon other
property owners or persons that may be effected by the proposal under
consideration. Upon recessing the time and date when the hearing is to be
resumed shall be announced, and no additional publication shall be
necessary.
B. At the commencement of a hearing under a comprehensive plan or
land use regulation, a statement shall be made to those in attendance
that:
1. Lists the applicable substantive criteria;
2. States that
testimony and evidence must be directed toward the criteria described in
subdivision 1 of this subsection or other criteria in the plan or land use
regulation which the person believes to apply to the decision;
3. States
that failure to raise an issue with sufficient specificity to afford the
decision maker and the parties an opportunity to respond to the issue precludes
appeal to the board based upon that issue;
4. All documents or evidence
relied upon by the applicant shall be submitted to the city and shall be made
available to the public at the time notice provided for in this
title;
5. Any staff report used at the hearing shall be available at least
seven days prior to the hearing. If additional documents or evidence is provided
in support of the application, any party shall be entitled to a continuance of
the hearing. Such continuance shall not be subject to the limitations of ORS
215.428 or 227.178;
6. Unless there is a continuance, if a participant so
requests before the conclusion of the initial evidentiary hearing, the record
shall remain open for at least seven days after the hearing. Such an extension
shall not be subject to limitations of ORS 215.428 or 227.178;
7. When a
local governing body, planning commission, hearings body or hearings officer
reopens a record to admit new evidence or testimony, any person may raise new
issues which relate to the new evidence, testimony or criteria for
decision-making which apply to the matter at issue. (Prior code §
10.835)
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