9-5-040: PUBLIC HEARINGS AND MEETINGS:
Any public hearing or meeting required under this title, as the case may be, shall be scheduled and held subject to the requirements of this section.
A.   Scheduling A Public Hearing Or Meeting: An application requiring a public hearing or meeting shall be scheduled within a reasonable time in light of:
1.   The complexity of the application submitted;
2.   The number of other applications received which require a hearing;
3.   Available staff resources; and
4.   Applicable public notice requirements.
B.   Public Hearing And Meeting Procedures: The following procedures shall apply to a public hearing:
1.   Any person may appear at a public hearing or meeting and submit evidence, either individually or as the agent of a person or an organization. Each person who appears at a public hearing or meeting shall state his or her name and, if appearing on behalf of a person or an organization, state the name of the person or organization being represented.
2.   The body or official conducting a public hearing or meeting may exclude testimony or evidence that it finds to be unduly repetitious or otherwise inadmissible.
3.   The body or official conducting a public hearing or meeting may, upon the body's or official's own motion, postpone the hearing or meeting. An applicant may request and be granted one postponement. Thereafter, any postponement shall be granted at the discretion of the body or official conducting the public hearing or meeting.
C.   Withdrawal Of Application: An applicant may withdraw an application at any time prior to action on the application by the decision making body or official. Application fees shall be refundable as outlined in 9-5-030(F) of this title.
D.   Record Of Public Hearing Or Meeting: Except where required otherwise by statute, the body or official conducting the public hearing or meeting shall record the proceedings thereof by any appropriate means. A copy of the public hearing or meeting record may be acquired upon request and payment of a fee to cover the cost of duplication of the record. The minutes, tape recordings, all applications, exhibits, papers and reports submitted in any proceeding before the decision making body or official, and the decision of the decision making body or official shall constitute the record thereof. The record shall be made available for public examination as provided in subsection E of this section.
E.   General Requirements For Findings And Decisions: Action shall be taken in compliance with any time limits established in this title. Except for the city council, whose decision shall be made by motion or ordinance, all decisions shall be in writing and shall include at least the following elements:
1.   A summary of evidence presented to the decision making body or official;
2.   A statement of applicable development standards;
3.   A statement of findings of fact or other factors considered, including the basis upon which such facts were determined and specific references to applicable standards set forth in this title or other titles of this code; and
4.   A statement of approval, approval with conditions, or disapproval, as the case may be.
F.   Notification: Notice of a decision by the decision making body or official shall be provided to an applicant within a reasonable time.
(Ord. 394, 8-7-2001; amd. Ord. 675, 3-28-2006; Ord. 1408, 10-15-2019)