Article 9: Legislative Hearing Guidelines................9-1 
9.010 Purpose..........................................9-1 
9.020 Nature of Legislative Hearings...................9-1 
9.030 Order of Hearing Procedure.......................9-1 
9.031 Commencement................................9-1 
9.032 Objections to Jurisdiction..................9-2 
9.033 Abstentions.................................9-2 
9.034 Staff Report................................9-2 
9.035 Proponents..................................9-2 
9.036 Opponents...................................9-2 
9.037 Final Decision..............................9-2 
9.040 Conflict, Disclosure and Abstention..............9-3 
9.041 Potential Conflict of Interest..............9-3 
9.042 Disclosure and Abstention...................9-3 
9.043 Affect on Quorum............................9-3 
9.044 Challenge for Bias..........................9-4 
9.050 Conduct of Hearing...............................9-4 
9.051 Notice......................................9-4 
9.052 Presiding Officer...........................9-4 
9.053 Conduct of Participants.....................9-5 
9.054 Nature of Decision making...................9-5 
9.060 Record of Proceedings............................9-5 
9.070 Appeal...........................................9-6 






Article 9: Legislative Hearing Guidelines 

 

9.010 Purpose 

 

The purpose of this article is to provide guidelines for 
the conduct of all legislative land use hearings within 
the Urban Growth Boundary heard under the Type IV and V 
procedures as provided in Article 2. 

 

9.020 Nature of Legislative Hearings 

 

(1) A legislative decision is made by the governing body, and 
applies to the general population, or the general classes 
of the population. The result is usually the enactment 
of ordinance adopting or amending the Comprehensive Plan 
or this Code, or the passage of a resolution establishing 
policy. By contrast, land use decisions that affect 
interests of identifiable persons or property are quasi-
judicial. Court cases have determined that certain 
decisions (such as annexations) may be legislative in 
nature, but also require a quasi-judicial hearing held 
and findings adopted. This mixed requirement is 
accommodated by the Type IV and V procedures of this 
Code, by the criteria established for decision making, 
and by these hearing guidelines. 

 

(2) Nothing in this Code shall limit the authority of the 
City Council to make amendments to the Comprehensive Plan 
or Development Code by legislative act, where such 
changes have broad application or are so designated 
legislative in nature in this Code. 

 

9.030 Order of Hearing Procedure 

 

The presiding officer shall conduct the hearing in an 
orderly fashion, as provided in this section. Technical 
rules of Parliamentary law shall be avoided in order that 
the hearing procedure is as clear and simple as possible. 

 

9.031 Commencement. The presiding officer shall announce the 
nature and purpose of the hearing, summarize the 
guidelines for the conduct of the hearing, and describe 
the general nature of the subject of the hearing. 




9.032 Objections to Jurisdiction. The presiding officer shall 
inquire of the audience whether there are any objections 
to the jurisdiction of the Hearing Body to hear the 
matter. Objections, if any, shall be noted in the 
record, and the matter shall proceed or shall terminate 
at the discretion of the presiding officer. 

 

9.033 Abstentions. The presiding officer shall inquire of the 
Hearing Body whether any member thereof wishes to abstain 
from participation in the hearing. Such member shall 
make a statement regarding potential bias, prejudice or 
conflict of interest, and announce his decision whether 
to participate in the hearing. 

 

9.034 Staff Report. The presiding officer shall request the 
Staff Report, and shall thereafter indicate the action to 
be taken by the Hearing Body. 

 

9.035 Proponents. The presiding officer shall then call 
forward all those wishing to testify in favor of the 
proposed legislative action. Each proponent shall be 
limited to a reasonable length of time, such time to be 
determined by his testimony, at the discretion of the 
presiding officer, but in no case to exceed 10 minutes 
each. 

 

9.036 Opponents. The presiding officer shall then call forward 
all those wishing to testify against the proposed 
legislative action, such opponents to be held to the same 
constraints as the proponents. 

 

9.037 Final Decision 

 

 (1) Deliberation. The presiding officer shall then open the 
matter for discussion by the Hearing Body. Members may 
question both proponents and opponents regarding points 
of testimony during deliberations by the Hearing Body, at 
the discretion of the presiding officer. 

 

(2) Action Taken. At the conclusion of the deliberations, 
the City Council may take any of the following steps: 

 

(a) Enact or defeat an ordinance on all or part of the 
proposal under consideration. 

 

(b) Refer some or all of the proposal back to staff or 
the Planning Commission for further consideration. 




(c) Continue the proposal for decision by the Council to 
a time and date certain. 

 

(3) Oral Decision. The initial action to enact or defeat an 
ordinance shall be known as the oral decision. For 
purposes of the record, each member of the Hearing Body 

shall be polled separately, at which time each member 
shall state his or her decision, and a statement of the 
particular findings required for each relevant criteria 
as determined by this Code, the Comprehensive Plan and 
State Law. 

 

(4) Final Action. A final decision may be taken at the same 
or subsequent meeting, incorporating the oral decision 
and the findings. If a set of findings is prepared for 
the final action, these findings shall be approved as 
part of the final action. 

 

9.040 Conflict, Disclosure and Abstention 

 

9.041 Potential Conflict of Interest. A potential conflict of 
interest shall mean any transaction where a person acting 
in a capacity as a public official takes any action or 
makes any decision or recommendation, the effect of which 
would be to the private pecuniary benefit or detriment of 
the person or member of the person's household. 

 

9.042 Disclosure and Abstention. At the commencement of the 
hearing, at the time requested by the presiding officer, 
any member shall make a statement regarding potential 
bias, prejudice or conflict of interest. A member may 
disqualify himself or herself when, in fact, the member 
is not disqualified but simply desires to avoid the mere 
appearance of partiality. Disqualification for conflict 
of interest may be ordered by a majority of the Hearing 
Body, except that the member subject to the motion for 
disqualification may not vote on said motion. 

 

9.043 Affect on Quorum. An abstaining or disqualified member 
shall constitute part of a quorum, and must leave the 
podium occupied by the Hearing Body and refrain from any 
discussion on the issue, but may remain within the 
chamber during the hearing. If all members of the 
Hearing Body abstain or are disqualified, all members 
present, after stating the reasons for abstaining or 
disqualification, shall by so doing be requalified and 
may proceed to reach a final decision on the proposal. 




9.044 Challenge for Bias. Any person may challenge the 
qualification of any member of the Hearing Body due to 
potential bias, prejudice, or conflict of interest. The 
challenging party shall state the facts from which the 
challenging party alleges bias on the part of the member 
of the Hearing Body. The presiding officer may require 
such challenge to be made under oath, administered by the 
presiding officer. Such challenge shall be resolved 
immediately following, as provided in this section. 

 

9.050 Conduct of Hearing 

 

9.051 Notice. Notice of the hearing shall be given as provided 
for Type IV or V procedures, except that in the case of 
the general legislative decision, notice need not include 
a mailing to all property owners potentially affected. 
The City Manager shall prepare notice designed to reach 
persons believed to have particular interest. 

 

9.052 Presiding Officer. The presiding officer shall have the 
authority to: 

 

(1) Regulate the course of decorum of the meetings; 

 

(2) Dispose of procedural requests or similar matters; 

 

(3) Rule on admissibility of evidence; 

 

(4) Impose reasonable limitations on the number of witnesses 
heard and set reasonable time limits for oral 
presentations; 

 

(5) Question any person appearing and allow other members to 
question any person; 

(6) Waive, in his or her discretion, the application of any 
provision of this section where the circumstances of the 
hearing indicate it would be proper to do so, provided 
such waiver does not act to prejudice or deny any 
participant his or her substantial rights, as provided by 
this Code or otherwise by law; or 

 

(7) Take such actions as authorized by a majority vote of the 
Council to appropriately conduct the hearing. 




9.053 Conduct of Participants. 

 

(1) Proceedings shall at all times be orderly, and no person 
shall be heard until he states his name, residential or 
business address, as applicable, and interest in the 
proceedings. The presiding officer may terminate the 
hearing when necessary or refuse to recognize or continue 
to recognize anyone who: 

 

(a) Is disorderly, abusive or disruptive; 

 

(b) Takes part in or encourages audience demonstrations, 
such as applause, cheering, display of signs, or 
other conduct disruptive of the hearing; 

 

(c) Testifies without first receiving recognition from 
the presiding officer and making a statement 
regarding name, address and interest in the 
proceedings, as set forth hereinabove; or 

 

(d) Presents irrelevant, incompetent or repetitious 
evidence. 

 

(2) The presiding officer shall at all times maintain order 
at any public hearing. Upon any person engaging in 
conduct which is disruptive of the hearing, the presiding 
officer shall first warn such party to stop such 
disruptive conduct upon penalty of removal. If such 
disruptive person continues to cause disruption the 
presiding officer may then order such person removed from 
the hearing without further warning. 

 

9.054 Nature of Decision making. The decision of the Hearing 
Body shall be based upon reliable, probative and 
substantial evidence supported by the record. In 
reaching a final decision, the Hearing Body shall 
consider such evidence in relation to the appropriate 
criteria, and shall render a decision as to whether or 
not the evidence received is sufficient to meet that 
criteria. 

 

19.060 Record of Proceedings 

 

(1) Written minutes shall be taken of all hearings as 
provided by law. 

 


(2) All exhibits received in evidence shall by marked or 
otherwise made readily identifiable. All exhibits 
received into evidence shall be retained by the Hearing 
Body until the period for review or appeal has expired, 
at which time the same shall be released, upon demand, to 
the person identified thereon as the owner thereof. If a 
review proceeding or appeal is filed, exhibits shall only 
be released when the matter is resolved. 

 

(3) Except as otherwise provided by State Law, all records of 
the Hearing Body shall be available for inspection and 
copying by any person. Expense of copying shall be borne 
by the person obtaining the same. 

 

9.070 Appeal 

 

Any final legislative action of the City Council may be 
appealed as provided by State law. 

 

 

1 Revised 3-6-96