Chapter 20.12
PUBLIC HEARINGS
Sections:
20.12.010 Notice of public hearings.
20.12.015 Investigations for hearings.
20.12.030 Keeping of hearing records.
20.12.001 Scope and purpose.
This chapter describes the procedures and responsibilities for public notice and public hearings under this code. (Ord. 2745 § 4, 2003; Ord. 2478 § 1, 1996; Ord. 2147 Exh. A, 1987).
20.12.005 Public hearings.
The director shall be responsible for setting public hearings and providing the public with notice thereof. The date of the hearings shall not be more than 90 calendar days from the date of determining an application to be complete, unless additional time is required for additional information to be submitted or agreed upon by an applicant, or unless additional time is necessary to prepare an environmental impact statement pursuant to Chapter 21.04 PMC and the State Environmental Policy Act (Chapter 43.21C RCW). (Ord. 2745 § 4, 2003; Ord. 2478 § 1, 1996; Ord. 2147 Exh. A, 1987).
20.12.010 Notice of public hearings.
Public notice of all public hearings is required. The notice shall state the date, time, place and purpose of public hearings, description of the area affected, and the nature of the proposed application. Notice given in the following manner shall be deemed adequate notice under this title:
(1) Notice shall be published once in a newspaper of general circulation in the city not less than 14 days prior to the date of the public hearing (21 days required for master plans); and
(2) If the application or matter applies to a specific real property, notice shall be sent by first class mail to all owners of property as shown on the last available county tax assessor’s roll within the distance specified by Table 20.12.010 in this section from the exterior boundaries of the property to which the proposed application applies, at least 14 days before the hearing (21 days required for master plans). For master plans, notice shall also be mailed to all residents within the notification district. If any property within the minimum noticing distance specified by this subsection is contiguous to and under the same ownership as the property to which the application applies, the owners of all property contiguous to the property so owned shall be notified in the same manner as herein provided for owners of property within the minimum noticing distance. Failure to receive such notice shall not invalidate the action on the application. In addition, the director may send notice to addresses within the minimum noticing distance and send notice to property owners and addresses beyond the minimum noticing distance. Notwithstanding the foregoing, where the minimum noticing distance does not effectively provide notice to the public, the city shall provide notice in an expanded notification area that is reasonably calculated to provide effective notice to the public.
In the event that a permit requires a combination of permit approvals requiring a public hearing where the notification distances differ, the larger of the two notification areas shall apply to the proposal.
|
Type of Application |
Minimum Noticing Distance |
|---|---|
|
Variances |
300 feet |
|
Conditional use permits |
|
|
In and adjacent to RS & RM zones |
400 feet |
|
In and adjacent to other zones |
100 feet |
|
Preliminary major plats and binding site plans (see PMC 19.02.120) |
300 feet |
|
Zonings and rezones (public hearings and public meetings) |
500 feet |
|
Master plans |
1/4 mile |
(3) Notice shall be posted in a conspicuous location on the property to which the application applies at least 10 calendar days prior to the date of the public hearing (21 days required for master plans). Administrative procedures shall be established specifying the exact size, format and placement of site posting signage required for each case type. The community development director shall have the authority to require that site posting measures be over and above the minimal standards of this title if deemed warranted to accommodate a higher level of public notification for a particular application or hearing.
(4) As an alternative to the noticing procedures described in subsection (2) of this section, if the number of owners to whom notice would be sent is greater than 200, the city may choose to provide notice at least 10 calendar days prior to the hearing by either of the following methods:
(a) By placing a display advertisement of at least one-fourth page in the newspaper having the greatest circulation within the area affected by the proposed change, and at least one additional newspaper having general circulation within such area; or
(b) By including a notice with any generalized mailing such as bills for city services, sent by the city to property owners in the area affected by the change;
(c) Provided, that for master plans, subsection (4)(a) of this section shall be required in addition to the noticing requirements described in subsection (2) of this section. (Ord. 3113 § 2, 2016; Ord. 2745 § 4, 2003; Ord. 2704 § 1, 2001; Ord. 2487 § 1(Att. A § 1.a, b), 1996; Ord. 2346 § 1(2), 1993; Ord. 2147 Exh. A, 1987).
20.12.015 Investigations for hearings.
The hearing examiner shall investigate the facts bearing upon an application, action or any other matter set for public hearing. Such investigation may include consideration of a staff report and recommendation of the director, the filed application materials, submitted technical documents, written testimony, oral statements given at the time of the hearing and other such information as may be necessary to assure that action on each case complies with the terms of this title. (Ord. 2745 § 4, 2003; Ord. 2478 § 1, 1996; Ord. 2268 § 23, 1991; Ord. 2147 Exh. A, 1987).
20.12.020 Combined hearings.
The hearing examiner may hear or consider simultaneously multiple proposals for any application or matter under its jurisdiction if the proposals refer to the same property or to adjoining property under the same ownership.
Any hearing on a project permit may be combined with any hearing that may be held by another local, state, regional, federal or other agency; provided, that the hearing is held within the city limits of Puyallup. A combined hearing shall be held if so requested by the applicant; provided, that the hearings can occur within the time periods specified in PMC 20.11.006 or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings. (Ord. 2745 § 4, 2003; Ord. 2478 § 1, 1996; Ord. 2268 § 24, 1991; Ord. 2147 Exh. A, 1987).
20.12.025 Continued hearings.
Public hearings may be continued from time to time, and the examiner shall, before adjournment, publicly announce the date, time and place to which said hearings will be continued. No further notice is required. (Ord. 2745 § 4, 2003; Ord. 2478 § 1, 1996; Ord. 2147 Exh. A, 1987).
20.12.030 Keeping of hearing records.
A summary of all pertinent testimony offered at any public hearing held in connection with an application filed pursuant to this title and the names and addresses of persons testifying shall be recorded and made a part of the official files of the case. In addition, all public hearings shall be recorded by a recording machine, said recording to be made available for listening by any member of the public. Tapes of recorded public hearings shall be kept for a minimum of five years from the date of said hearings, after which time they may be destroyed or reused with the concurrence of the city attorney. All materials or exhibits presented at a public hearing shall become the property of the city and shall be retained as part of the record. (Ord. 2745 § 4, 2003; Ord. 2147 Exh. A, 1987).