§ 10.02.02. Pre-Hearing Procedures

A.

Preapplication Conference and Application

1.

Conference with the Administrator may be requested in those cases where an applicant is in doubt as to the applicability or requirements of these procedures.

2.

All applications shall be typed or neatly printed on forms provided by the Administrator. The required number of copies of the application shall be filed with the Administrator who shall mark thereon the date of filing and shall retain the original.

B.

Setting the Matter Before the Land Use Hearing Officer

1.

The Administrator shall set the matter for hearing before a Land Use Hearing Officer after the completed application has been filed in accordance with the published Land Use Hearing Officer Hearing Schedule.

2.

Continuance(s) of the public hearing shall be permitted in accordance with the procedures and requirements set forth in Section 10.03.02, Subsections C, D, E and F. However, in no case shall the public hearing be continued to a hearing date that is more than six months after the originally scheduled hearing date. If a public hearing is not held on the application within the required time frame, the application shall be withdrawn from processing by the Zoning Administrator. The hearing time frame shall not apply to any application that has been reopened or remanded for further hearing.

C.

Notice of Hearing Before the Land Use Hearing Officer shall be completed in the same manner set forth in Section 10.03.02, Subsections C, D, E and F.

D.

Notice Content

1.

Posted and published notices shall contain the following information:

a.

Application number and date of filing.

b.

Name, address and telephone number of applicant or applicant's agent.

c.

Nature of the proposed development activity, or application request.

d.

Location of the property.

e.

Date, time, and place of Land Use Hearing Officer hearing.

f.

Statements substantially as follows:

(1)

Copies of the application and department reports are kept by the Administrator and are open to public inspection in the offices of the Clerk of the Board and the Administrator.

(2)

All interested persons wishing to submit testimony or other evidence in this matter must submit same to the Land Use Hearing Officer at the hearing. If review of the Land Use Hearing Officer's decision by the Appeals Board is requested, such review will be restricted to the record as created at the hearing before the Land Use Hearing Officer.

(3)

Citizen input may be submitted to the County prior to the formulation of the staff report to the Land Use Hearing Officer. The deadline for submitting such information is 14 calendar days prior to the hearing date.

g.

Instructions for obtaining further information regarding the application and nature of the hearing before the Land Use Hearing Officer.

E.

County Department Reports

When an application has been set for hearing before the Land Use Hearing Officer, the Administrator shall coordinate and assemble the reviews of other departments and governmental agencies having an interest in the application and shall prepare a report summarizing the factors involved and the departmental findings, and if applicable, recommendations, and conditions. This report shall be available at the offices of the Administrator to all persons six calendar days prior to the hearing. The report and all submittals shall be filed with the Clerk of the Board six calendar days prior to the hearing.

F.

Motions for Disqualification

Unless good cause is shown, all motions for disqualification of Land Use Hearing Officer assigned to hear the case shall be filed no later than ten working days after the moving party has been notified of the assignment of the particular hearing officer. The motion shall be accompanied by an affidavit stating particular grounds, which shall be limited to those for which a judge may be disqualified. The affidavit must state facts sufficient to show that the movant has a well-founded fear that the movant will not receive a fair and impartial hearing. Unless denied as untimely, the motion shall be ruled on by the Land Use Hearing Officer before whom the case is pending. If the motion and affidavit are found legally sufficient, the Land Use Hearing Officer shall disqualify himself or herself, after which the matter will be given to the next available Hearing Officer on the list.

(Ord. No. 98-43, § 2, 7-17-98; Ord. No. 99-26, § 2, 11-18-99; Ord. No. 00-38, § 2, 11-2-00; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 06-18, § 2, 8-1-06; Ord. No. 09-53, Item Q, 6-11-09, eff. 10-1-09)