A tape recording shall be made of each public hearing. The secretary shall record the minutes and also prepare action summaries. The minutes shall include each decision of the board, with findings made and the vote of each member of the board for the respective decision. A copy of the minutes shall be signed by the secretary, and the minutes and the action summaries shall be submitted to the board for approval at the next regular meeting of the board.
(AR No. 81-6; AR No. 83-126)
A. 
Formal rules of evidence shall not apply to any proceeding before the board. The chairperson may exclude or terminate testimony not deemed to be relevant in the case before the board.
B. 
Testimony of persons appearing before the board shall be limited as follows: petitioner (including all of his or her representatives), ten minutes; community council representatives, five minutes; representatives of other groups, three minutes; individuals, three minutes. The petitioner may reserve time for rebuttal at the end of the public hearing. The board may extend the time period for any person where it deems the additional testimony to be new and necessary to its decision on the case.
C. 
Cross examination shall be permitted only through the chairperson. Municipal staff and members of the board may, through the chair, question the applicant and other persons who have testified. Any interested party may direct questions to the staff or any person testifying by submitting the question to the chairperson. The chairperson shall redirect the question to the appropriate person unless he or she determines it to be irrelevant or that presenting the question will unreasonably disrupt or delay the proceeding. The chairperson of the board may modify or restrict the scope, extent or method of cross examination in order to assure the fundamental fairness of the proceedings before the board, to prevent undue delay, irrelevant cross examination, or harassment of persons offering testimony to the board.
(AR No. 81-6; AR No. 83-126; AR No. 98-236, § 1, 8-18-1998)
All parties shall have the right to subpoena witnesses and documents using a form provided by the municipal clerk and submitted to the clerk for issuance at least five working days before the date of the hearing.
(AR No. 81-6; AR No. 83-126)
A. 
Every decision made by the board shall be based on and include findings of fact and conclusions. Every finding of fact shall be supported in the record of the proceedings. The findings shall be sufficient to provide a reasonable basis for understanding the reasons for the decision. In considering and applying any applicable approval criteria, the board shall make specific findings as to why the criteria have or have not been met.
B. 
Any party of interest wishing to appeal shall first file with the planning director, within seven days of the board's decision made on the record, a written notice of intent to appeal, in accordance with section 21.03.050A.4.a.
C. 
The planning director shall prepare proposed written findings of fact and decision to submit to the board at its next regularly scheduled meeting, or as soon thereafter as feasible.
D. 
Board review of the written findings of fact and decision shall have priority over regular agenda items, and shall be approved, as amended by the board if necessary, and become the final appealable decision of the board.
E. 
Within twenty (20) days of the approval of the final appealable decision pursuant to subsection D above, a party of interest must file an appeal of the board's final appealable decision, pursuant to Municipal Code chapter 21.03.
(AR No. 81-6; AR No. 83-126; AR No. 84-227; AR No. 2004-215(S), § 5, 12-7-2004; AR No. 2005-15, § 2, 2-15-2005; AO No. 2022-70, § 4, 7-26-2022)
Upon its own motion at any time before a motion for decision on the matter is made, at the request of a board member or a person appearing before the board, the board may postpone the matter before the board for cause stated on the record. Postponement for more than two weeks shall require the consent of the applicant. Re-notice of the new time for hearing is only necessary if the postponement is for more than four weeks or if no date certain is set for the hearing at the time of postponement.
(AR No. 81-6; AR No. 83-126)
A. 
No board member shall participate in any decision in which he or she has a possible conflict of interest unless, after full disclosure to the board, his or her participation is approved by a majority of the full board. The vote shall be recorded on the public record.
B. 
Any board member who has a possible conflict of interest in a pending matter shall bring this information to the attention of the board before the staff begins its presentation or as soon thereafter as the board member recognizes his or her possible conflict of interest. It is the responsibility of each board member to fully disclose facts showing any possible conflict of interest. Where those facts involve information of a confidential or scandalous nature, the conflict may be discussed in executive session.
C. 
The board shall find a conflict of interest and refuse to approve the participation of a board member if:
1. 
The board member or a member of his or her immediate family has a measurable financial interest in any property affected by the matter to be decided; or
2. 
The board member or a member of his or her immediate family could foreseeably profit in any material way because of the matter to be decided; or
3. 
If the board member would be faced with a violation of the code of ethics of the municipality by participating in the matter to be decided.
The board shall also consider whether the personal interest or involvement of the board member in the matter to be decided would prevent that member from fairly evaluating the evidence or that, based on all the surrounding circumstances, participation by the board member would create the appearance of impropriety in the proceedings. No member shall be excused from participation solely on the basis of personal familiarity with the case or the parties involved.
D. 
Any member found by the board to have a conflict of interest with regard to a particular matter shall not participate in any manner in that matter.
(AR No. 78-17; AO No. 80-79; AR No. 80-131; AR No. 81-6; AO No. 83-126)