§ 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)