(a) Rules. Within 30 days, the City Manager shall submit to the City Council for its approval rules governing the hearing procedure. After approval by the City Council, these rules shall be the rules of the hearing; all hearings shall be conducted in accordance with those rules.
(b) Conduct of hearing.
(1) Filing. Application shall be filed with the Department of Community Development and shall be referred to the Hearing Examiner for consideration.
(2) Date of hearing. The Hearing Examiner shall conduct a public hearing at a regular meeting in accordance with the agency action timeline.
(3) Notice of hearing. Written notice shall be mailed to the applicant and property owners within 200 feet of the affected site at least ten days prior to the date of the hearing.
(4) Planning Division report.
(A) The Planning Division shall make a report of recommendation on each application. This report shall enumerate the various reasons for a recommendation to either approve or deny an application.
(B) This report shall be filed with the hearing examiner at least 48 hours before the hearing. A copy of the report shall be immediately made available to the applicant and all others entitled to receive notice of the hearing.
(5) Parties of record. Parties of record shall only be:
(A) The applicant;
(B) Objecting citizens who have signed a request to appear before the hearing examiner; and
(C) The City Planning Division.
(6) Presentation of evidence.
(A) The hearing examiner is hereby authorized to administer oaths, subpoena witnesses and relevant papers, call witnesses and accept evidence.
(B) Parties of record shall be allowed to cross-examine witnesses and to present evidence and argument to the hearing examiner.
(C) The hearing examiner is authorized to impose limitations on the number of witnesses heard and on the nature and length of testimony.
(D) The hearing examiner shall, upon the request of a party of record, subpoena witnesses as requested by that party.
(7) Transcript of hearing. The tape transcript of the hearing need not be transcribed except on request of the City Council in aid of its review of the record. Any other party wanting the tape transcribed shall pay all costs for such transcription.
(c) Decision. The hearing examiner shall make their decision supported by reasons specifically related to the applicable findings and requirements of the city code. In the case of approval, the decision, along with a record of the proceedings, shall be forwarded for City Council action at its next practical regular meeting unless an aggrieved party wishes to appeal the decision to approve. In that case, the appeal will be heard by the Planning Commission pursuant to subsection (d) below. Denials will be final unless appealed by an aggrieved party.
(d) Appeal. All parties aggrieved by the proceeding shall have the right to appeal the decision of the hearing examiner within three days to the Planning Commission pursuant to the provisions of § 2.85.04 of this code.
(1975 Code, § __) (Ord. 77-34, passed 6-6-1977; Ord. 79-11, passed 2-5-1979; Ord. 80-17, passed 4-21-1980; Ord. 86-26, passed 5-12-1986; Ord. 2015-15, passed 5-18-2015; Ord. 2017-15, passed 5-22-2017)