(A) Generally; purpose and findings. The purpose of a legislative hearing is to provide the public with an opportunity to be heard consistent with procedures provided by statute. Unlike quasi-judicial hearings, a legislative proceeding does not require due process protections, such as the right of the parties to offer evidence, cross-examination, sworn testimony or written findings of fact. Similar to quasi-judicial hearings, legislative hearings are public hearings preceded by notice to interested parties. Public hearings are required for legislative review hearings, such as amendments to a Comprehensive Plan, amendments to this chapter (including zoning provisions of this chapter and the zoning map) and applications for a proposed development.
(B) Conduct of hearing. The order of the proceedings for a legislative hearing shall be as set forth in § 153.0560 of this chapter. Testimony may be presented by the applicant, and any member of the public, but need not be submitted under oath or affirmation. The Planning Commission or the city may establish a time limit for testimony and may limit testimony where it is repetitive. Each appellate agency may adopt administrative regulations and procedures governing the practice of that agency.
(C) Record of proceedings. The agency conducting the hearing shall record the minutes of the proceedings by any appropriate means as prescribed by rule and consistent with state law. Such record shall be provided at the request of any person upon application to the City Clerk/Finance Director and payment of a fee set by the city to cover the cost of duplication of the transcribed record.
(D) Appeals.
(1) Applicability. Any person, including any officer or agency of the city, aggrieved by a final development order relating to an application for development approval by the Code Enforcement Officer or other final decision-maker, may appeal such development order to the appellate body designated by this chapter in the manner provided in this section.
(2) Notice of appeal. A notice of appeal shall be filed with the appellate body within 30 days after the development order is filed. The appeal shall contain a written statement of the reasons for which the appellant claims the final decision is erroneous. The appeal shall be accompanied by the fee established by the city.
(3) Time limit. The appellate body shall hear and decide the appeal within at least 60 days after the filing of the appeal.
(Ord. 3020, passed 9-10-2013, § 4.7)