Chapter 18.125
PUBLIC HEARINGS
Sections:
18.125.010 General provisions.
18.125.040 Action by commission.
18.125.050 Notification by the administrator.
18.125.060 Action by the city council.
18.125.010 General provisions.
The commission shall make a written recommendation to the city council to approve, approve with conditions or modifications, or deny all completed applications for amendments, conditional use permits (CUP), planned unit developments (PUD), subdivisions or any other matter requiring a permit or approval under this title and variances regarding property located within the Donnelly city limits. [Ord. 230, 2016.]
18.125.020 Applications.
A. Applications may be submitted and reviewed concurrently with other applications affecting the same piece of property, with the approval of the administrator. Additional time for review of concurrent applications may be specified by the administrator. Concurrent submissions will be voted on separately.
B. The city clerk shall endorse the date of receipt of the completed application.
C. The original application, with all supporting documentation, shall be kept on file at Donnelly City Hall for public inspection. [Ord. 230, 2016.]
18.125.030 Public hearing.
A. Applications for public hearings shall be submitted at least 45 days prior to the expected date of the hearing. The applicant shall be responsible for providing a list of addresses within 300 feet of the perimeter of the property that is the subject of the application.
B. The city clerk shall mail to each addressee on the list furnished by the applicant, typed on mailing labels, a public hearing notice at least 15 days before the date set for the hearing. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or decision. When notice is required to 200 or more property owners or purchasers of record, alternate forms of notice may be provided in lieu of mailed notice. Sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches by two columns in size in the official newspaper of the city at least 15 days prior to the hearing date.
C. The city shall be responsible for posting the property with a public hearing notice not less than at least 10 days prior to the hearing. The notice shall be posted in such a manner that it will remain intact until the hearing. The notice shall be posted on the property boundary line adjacent to a road. If the property is not adjacent to a road all sides of the property shall be posted.
D. The city clerk shall have a copy of the notice published at least one time in the official newspaper of the city. The publication of the notice shall be at least 15 days before the date of the hearing.
E. Notices of the hearing which are posted, mailed, and published shall contain the following information:
1. The date, time, and place of the hearing.
2. The purpose of the hearing and a description of the proposal.
3. The name of the applicant.
4. The address or a description of the property.
5. Any other information which may be of public interest.
F. The commission shall hear all persons interested in the matter. The applicant shall offer competent evidence in support of his or her application sufficient to enable the commission to consider the matter and to make findings on the subject.
G. In any public hearing, the presiding officer may order the hearing to be continued to a time certain up to 30 days at the same place, in which case no further published notice shall be required. [Ord. 230, 2016.]
18.125.040 Action by commission.
A. The commission shall review the application, all supporting documents and plans, and recommendations of city staff in making their decision.
B. The commission shall make a decision to recommend approval, approval with conditions or modifications, or denial of the application within 15 days after conclusion of the public hearing and issue its decision together with the reasons therefor.
C. If the commission denies the application, a written statement shall be provided advising the applicant of steps to take to secure approval of the application.
D. The recommendation shall be in writing and shall be submitted to the city council for final approval. [Ord. 230, 2016.]
18.125.050 Notification by the administrator.
The administrator shall give the applicant written notice of the commission’s decision by mail within 10 days after the commission has reached a decision. [Ord. 230, 2016.]
18.125.060 Action by the city council.
A. Within 45 days following a recommendation by the commission, the city council shall hold a public hearing to consider the commission’s recommendation. The city council decision may be made without a public hearing if all of the following apply:
1. The recommendation is for a conditional use permit (CUP), variance, planned unit development (PUD) or subdivision; and
2. The commission recommended that no second hearing be held; and
3. No appeal of the commission’s action is filed.
B. If a hearing before the council is required, notice shall be given to the public as required in DCC 18.125.030.
C. If a hearing before the council is required, the applicant shall pay a second filing fee, in addition to all other costs associated with the hearing. [Ord. 230, 2016.]
18.125.070 Appeals.
A. Any affected person may appeal the recommendation of the commission to the council at the time the council acts upon the commission’s recommendation.
B. If the city denies an application, the applicant or his successor in interest may not file a new application or substantially the same application for a period of one year from the date the commission, or council in the case of an appeal, takes action. [Ord. 230, 2016.]
18.125.080 Expiration.
No approval shall remain valid for a period of time greater than one year following the granting of such approval unless work pursuant to the approval has commenced, unless a phasing plan is approved as part of the application. [Ord. 230, 2016.]
18.125.090 Revocation.
A. The commission, upon request by the council, an individual, or itself, may consider and revoke any approval for any of the following reasons:
1. Violation of this title.
2. Violation of the conditions of the approval after notice of the violation.
3. Causing or allowing a nuisance in connection with the premises.
B. If the commission finds that probable cause exists for revocation of an approval, the administrator shall give notice of a hearing to the permittee and the public in the same manner as notice of a hearing for an application for the original approval. The commission shall hold a hearing on the question of revoking approval and, if it finds that grounds for revocation exist, it shall revoke the approval. The decision of the commission may be appealed to the council by the applicant or the person requesting the revocation. The council shall follow the procedures set forth in this section with regard to any such appeal. [Ord. 230, 2016.]