Each administrative hearing conducted for the purpose of reviewing applications for a development order, or for hearing an appeal to a final decision regarding a development application, shall conform to the following procedures, as supplemented by law, rule or decision.
A. Burden and Nature of Proof
The applicant for any development order must prove by a preponderance of the evidence that the proposal satisfies the applicable requirements and standards of this Code.
B. Order of Proceedings
1. The Planning and Zoning Board and City Council shall:
a. Determine whether it has jurisdiction over the matter.
b. Determine whether any member must abstain or is disqualified.
2. The Planning and Zoning Board and the City Council may take official notice of known information related to the issue, including:
a. State law and applicable ordinances, resolutions, rules, and official policies of the City.
b. Other public records and facts relevant to the proceedings.
3. Matters officially noticed need not be established by evidence and are binding to the extent that they are relevant and material.
4. Planning and Zoning Board and City Council members may view the site of the proposed development with or without notification to the parties, but after the visit, shall state the time, manner and circumstances of the view for the record.
5. Staff, the developer, and interested persons may present information relevant to the proposed development and an opportunity for rebuttal shall be given to opposing parties. The Planning and Zoning Board or City Council may ask additional persons to testify and may ask additional questions of any person who has testified or presented evidence.
C. Findings and Order
Upon completion of sufficient review of the proposal, the Planning and Zoning Board and City Council shall state the reasons for a decision to approve, conditionally approve, or deny a development order for the proposed development.
D. Record of Proceedings
1. All proceedings shall be recorded stenographically or electronically and shall be transcribed if required for review or if ordered by the City Council.
2. The Planning and Zoning Board shall, where practicable, include in the hearing record, one (1) copy of each item of physical or documentary evidence presented and shall mark each item to show the identity of the person who presented it. Each exhibit received into evidence shall be retained in the hearing file until after the applicable appeal period has expired.
(Ord. 711, passed 2-5-2019)