Any public hearing, public comment item or meeting required under this chapter shall be scheduled and held subject to the requirements of this section.
(A) Scheduling a public hearing, public comment item or public meeting. An application requiring a public hearing, public comment or public 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 public hearing or public comment;
(3) Available staff resources; and
(4) Applicable public notice requirements.
(B) Public hearing and public comment procedures. The following procedures shall apply to a public hearing or public comment items.
(1) Any person may appear at a public hearing or an agendized public comment item and submit evidence, either individually or as the agent of a person or an organization. Each person who appears at a public hearing or agendized public comment item 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 land use authority, body or official conducting a public hearing or agendized public comment item may exclude testimony or evidence that it finds to be unduly repetitious or otherwise irrelevant.
(3) The land use authority, body or official conducting a public hearing or agendized public comment item may, upon the body’s or official’s own motion, postpone the hearing or public comment item. An applicant may request and shall be granted one postponement if requested 48 hours prior to a noticed meeting. Thereafter, any postponement shall be granted at the discretion of the body or official conducting the public hearing or agendized public comment item.
(C) Withdrawal of application. An applicant may withdraw an application at any time prior to action on the application by the land use authority, decision-making body or official. Application fees shall not be refundable if prior to withdrawal:
(1) A staff review of the application has been undertaken; or
(2) Notice for a public hearing, public comment item or meeting on the application has been mailed, posted or published.
(D) Record of public hearing or public meeting. Except where required otherwise by statute, the land use authority, 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 public meeting record may be acquired upon request and payment of a fee to cover the cost of duplication of the record. The minutes, 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, pursuant to applicable provisions of the state’s Government Records Access and Management Act, UCA § 63G-2, as amended.
(E) General requirements for findings and decisions. Action shall be taken in compliance with any time limits established in this chapter. Except for the County Commission, whose decision shall be made by motion or ordinance, all final 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 chapter 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 land use authority, decision-making body or official shall be provided to an applicant within a reasonable time.
(Prior Code, § 8-3-12) (Ord. 12-04, passed 5-1-2012; Ord. 18-07, passed 11-13-2018)