The following procedures shall be applied in granting or denying any application or petition under this chapter.
(A) Any application or petition (hereafter “the request”) made under the City Code shall receive final action, or have the final action date extended, within 60 days of submission of written materials required herein, or the request shall be deemed approved. The city shall have 10 business days following receipt of the materials to give written notice that required information has been omitted. The city may extend the time for final action up to an additional 60 days upon written notice to the applicant or petitioner, given within the initial 60-day period, stating the basis for the extension. The time limit set forth above may be additionally extended in order to comply with state statute, federal law or court order.
(B) The applicant shall make a written request providing information as is necessary to the city on a form supplied by the city and make payment of a filing fee as established by Council resolution.
(C) Where a hearing is otherwise required under the City Code or state statute, the appropriate reviewing body shall hold a public hearing on the application or petition. Notice of the hearing shall be published in the official newspaper at least 10 days before the hearing. Written notice shall be sent to all persons to which the application or petition applies. Failure of a person to receive the notification shall not invalidate the proceedings, provided a bona fide attempt to comply with these provisions has been made.
(D) After review of the request and within 14 days after the hearing, the reviewing body shall adopt findings based upon the evidence established during the hearing and recommend and transmit a recommendation to the Council. A copy of the recommendation shall be mailed to the applicant.
(E) In granting a request under the provisions of this section, the reviewing body shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the City Code provisions or regulations to which the request applies.
(F) Prior to the scheduled public hearing, the applicant shall prepare and submit the appropriate exhibits for distribution to the reviewing body and to interested parties.
(G) The Council shall take action on the proposed recommendation following the procedure for adoption of ordinances; provided, that if the Council amends the recommendation, the amended recommendation shall not be enacted until the reviewing body has taken action on the amended recommendation through the procedures outlined in this section.
(1998 Code, § 2.69.1) (Ord. 93, 5th Series, eff. 8-13-1998)