§ 9-74.040. Review Authority Decision and Notice

A.

Hearing procedures. The applicable review authority (Director, Commission, or Council, as applicable) shall hold at least one public hearing on any duly filed application that requires a discretionary decision. All public hearings shall be conducted in compliance with State law and this Development Code. Public hearings are divided into the following two areas:

1.

Director's administrative hearing.

a.

Public hearing notice. The Director's administrative hearing shall be noticed in compliance with Section 9-74.020(B). (Method of notice distribution), above.

b.

The hearings shall be:

(1)

Conducted by the Director;

(2)

Conducted in a manner to allow the applicant and all other interested parties to be heard and present their positions on the matter in question; and

(3)

Recorded in the form of minutes together with the findings made which support the decision.

c.

Deferral of decisions. The Director may defer a decision on any project normally subject to the Director's review to the Commission at any time before the decision.

2.

Commission or Council public hearing. All other public hearings not specifically allowed as a Director's administrative hearing in compliance with Subsection (A)(1) (Director's administrative hearing), above shall be conducted by the Commission or the Council, as applicable, in compliance with the requirements of State law and this Development Code.

B.

Referrals. Any applicable review authority may refer a matter back to the preceding review authority for further report, information, or study.

C.

Decisions.

1.

Decision options.

a.

The applicable review authority hearing a discretionary matter may approve, disapprove, or modify, wholly or partly, the request being reviewed.

b.

The authority may impose conditions and limitations as it deems reasonable and necessary to ensure that the approval would be in compliance with the applicable findings, to ensure that the general purpose and intent of this Development Code and its various articles will be observed, and that the public health, safety, and welfare will be served.

c.

In the absence of any provision to the contrary in a decision granting a request, the request is granted as identified in the application. All conditions and restrictions applied to a decision on a project not appealed shall automatically continue to govern and limit the subject use or structure.

2.

Notice of decision.

a.

The Department shall provide the review authority's decision in resolution or letter form to:

(1)

The applicant or appellant, as the case may be, in care of the address appearing on the application or other address designated in writing by the applicant or appellant;

(2)

The property owner, if different from the applicant;

(3)

The authority or agency whose decision is the subject of an appeal; and

(4)

All other persons who have filed a written request for notice.

b.

The notice shall be provided within 30 days following the date the decision is final, in compliance with Subsection (C)(3) (Finality of decision), below.

3.

Finality of decision.

a.

An administrative decision or a decision of the Commission shall become final and conclusive at the expiration of the decision's appeal period unless before the expiration of this period an appeal, in proper form and addressed to the appropriate review authority, is duly filed in compliance with Chapter 9-76 (Appeals).

b.

The filing of the appeal shall automatically stay all proceedings in furtherance of the subject application request.

c.

Neither the applicant nor any enforcement agency may rely on a review authority's decision until the expiration of the decision's appeal period or until the appeal has been resolved, whichever period expires later.

(§ 5, Ord. 1085, eff. January 6, 2006)