(A) Generally. All meetings of the City Council, Plan and Zoning Commission, and Board of Adjustment shall be open to the public except as otherwise provided by the Iowa Open Meetings Law and Public Records Law set out in I.C.A Chapters 21 and 22. However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this Zoning Ordinance are classified as requiring a "public meeting" or "public hearing."
(B) Applications requiring public meetings and hearings. Table 156.J.002.12-2, Review Steps, denotes the development review applications that require public meetings and hearings.
(C) Joint meetings. Any public hearing required by this Zoning Ordinance or the laws of the State of Iowa may be held jointly with any public hearing required to be held by City Council or Plan and Zoning Commission, but not by the Board of Adjustment. Such joint meetings may be held after public notice as required by law.
(D) Consent agenda. The consent agenda may consist of all matters brought before the City Council, Plan and Zoning Commission, and Board of Adjustment for action that does not require a public hearing. All items on the consent agenda shall be approved simultaneously by motion without comment or debate. An item may be removed from the consent agenda prior to approval at the request of any member of the Board, Plan and Zoning Commission, or City Council present at the meeting, or by city staff. Items removed from the consent agenda shall be considered on the regular agenda.
(E) Public hearings.
(1) Procedures. The City Council, Plan and Zoning Commission, and Board of Adjustment follow Robert’s Rules of Order as set out in Section 2.04.030, Robert’s Rules of Order, as amended from time to time, for the conduct of public hearings. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this Zoning Ordinance pertaining to, and the rules promulgated by, the body conducting the hearing. The following general procedures shall be reflected in the adopted rules of procedure.
(a) Any person may appear at a public hearing, submit evidence, and be heard.
(b) If a speaker represents an organization, the body conducting the hearing may request written evidence of that person’s authority to speak on behalf of the group in regard to the matter under consideration.
(c) Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.
(d) Citizens, applicants, and the city have the right to present expert witnesses.
(e) The chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
(2) Pre-hearing examination. At any time following the giving of notice as required in Subsec. 156.J.002.6, Public Notice, and upon reasonable request, any person may examine the application and all other documents on file with the secretary of the body holding the hearing pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established from time to time by the City Council to cover the cost of such copies.
(3) Right to submit written statements. Any person may at any time prior to the commencement of a hearing, or during such hearing, or within such time as may be allowed by the development review body following such hearing, submit written statements in support of or in opposition to the application being heard. Such statements shall be made a part of the public record of the hearing.
(4) Representation. Persons appearing before the Board of Adjustment, Plan and Zoning Commission, or City Council may appear in person, through an online meeting platform when public hearings are held in such format, or through a representative or agent. The representative or agent shall provide satisfactory proof of his or her authority upon the request of the Board of Adjustment, Plan and Zoning Commission, or City Council.
(5) Quorum. The number of members of the Board of Adjustment or Plan and Zoning Commission is required in order to constitute a quorum is set out in the applicable subsections of Article I, Development Review Bodies. The number of members of the City Council that is required in order to constitute a quorum is set out in I.C.A. § 380.4.
(F) Decisions.
(1) All decisions. Except when voice votes are authorized, a vote shall be conducted in a manner that the public may know the vote of each person entitled to vote.
(2) Plan and Zoning Commission and City Council decisions. The following shall apply to applications as established in § 156.J.003, Legislative Review Procedures:
(a) Except where this Zoning Ordinance or state statutes provide otherwise, official action requires the concurring vote of a majority of a quorum present.
(b) Failure of the Plan and Zoning Commission to act within 30 days shall be deemed a recommendation to the City Council to approve applications as submitted.
(c) Within 60 days, or a period as may be agreed to by the applicant, following the receipt of the recommendation of the Commission, or the failure of the Commission to act as provided above, the Council shall:
1. By a duly adopted resolution, approve the application with or without conditions to be accepted by the applicant as a condition of approval.
2. Refer the application back to the Commission for further consideration of specified matters; or
3. Refuse to approve the application;
4. Failure of the Council to act within 60 days shall be deemed a final denial of the application.
(3) Board of Adjustment decisions. In accordance with I.C.A. Chapter 414, official actions of the Board of Adjustment require the concurring vote of three regular members of the Board.