If an application is subject to a final decision by the HPC, AAC, P&Z, ZBA, or City Commission (See Table 155.2101, Summary of Development Review Responsibilities.), the decision-making body shall review and decide the application in accordance with the following procedures.
The applicant bears the burden of demonstrating that an application complies with applicable review standards. The burden is not on the
city
or other parties to show that the standards are not met by the applicant.
If the application is subject to a public hearing (see Table 155.2305.A, Required Public Hearings), the public hearing shall be held in accordance with the following procedures.
1. Quasi-Judicial Public Hearings
Quasi-judicial public hearings shall comply with the additional procedures and special considerations required by Section 30.08 of the
Code of Ordinances
and by state law.
2. Standard Public Hearings
Standard public hearings shall comply with the following procedures and special considerations.
a. Conduct of the Public Hearing
i. Rights of All Persons
Any person may appear at the public hearing and submit documents, materials, and other written or oral testimony, either individually or as a representative of an organization. Persons speaking at the hearing shall identify themselves, state their home or business address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization they represent.
ii. Time Restrictions
The body conducting the public hearing may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials.
iii. Continuance of Hearing
The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place.
b. Order of Proceedings: Standard Public Hearing
The order of proceedings at a standard public hearing shall be as follows:
i. Opening of Hearing
The person chairing the body conducting the hearing shall open the public hearing.
ii. Staff Presentation
The Development Services Director shall provide a brief introductory narrative and/or graphic description of the application and present the staff report and any prior advisory body findings and recommendations, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each speaker after the speaker's presentation.
iii. Applicant Presentation
The applicant or the applicant's representatives shall present any information the applicant deems appropriate, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each speaker after the speaker's presentation.
iv. Public Comment
Any person other than the applicant or the applicant's representatives or witnesses may be permitted to speak in support of or in opposition to the application.
v. Responses to Presentations and Comments
(A) The applicant may respond to any testimony, comments, documents, or materials presented by the Development Services Director or the public.
(B) The Development Services Director may respond to any testimony, comments, documents, or materials presented by the applicant or the public.
vi. Close of Hearing
The person chairing the body conducting the hearing shall close the public hearing.
3. Public Hearing Record
The body conducting the public hearing shall record the proceedings by any appropriate means. If a sound recording is made, any person shall be entitled to listen to the recording at a reasonable time, or make copies at that person's own expense, at the Development Services Department.
C. Review and Decision
1. Review and Decision
a. General
The decision-making body shall review the application, relevant support materials, the staff report, any advisory body recommendations, and any public comments, and shall make one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Part 4 (Application-Specific Review Procedures) of this article.
i. The decision-making body may remand the application to the Development Services Director for further consideration of new information or specified issues or concerns by the staff or any advisory bodies.
ii. Unless stated otherwise in this Code, the decision-making body's decision shall clearly state the factors considered in the decision and the basis or rationale for the recommended decision.
iii. The decision-making body shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the
city
.
b. Additional Requirements after a Quasi-Judicial Public Hearing
If the application is subject to a quasi-judicial public hearing (see Table 155.2305.A, Required Public Hearings), the decision-making body's review and decision shall comply with the following additional requirements.
i. Review shall be limited to information contained in reports, recommendations, evidence, and testimony entered into the record of the public hearing;
ii. The decision shall be based on application of applicable review standards to the record of the public hearing; and
iii. The statement of its decision shall be reduced to writing and include at least the following elements:
(A) A description or summary of material and substantial factual evidence presented at the public hearing;
(B) Findings of fact based on evidence presented at the public hearing;
(C) Statements concluding whether the application does or does not comply with applicable review standards, based on competent substantial evidence in the record;
(D) A statement of the decision on the application (e.g., approval, approval subject to conditions, or denial), based on competent substantial evidence in the record; and
(E) A clear statement of any conditions of approval.
2. Conditions of Approval
Conditions of approval shall be limited to those deemed necessary to ensure compliance with the requirements and particular standards of this Code or prevent or minimize adverse effects from the proposed development on surrounding lands. They shall be related in both type and amount to the anticipated impacts of the proposed development on the public and surrounding development. All conditions of approval shall be expressly set forth in the development order.
Final decisions shall be in the form of a written Development Order, signed by the appropriate Chair and rendered to the respective board secretary. A Development Order is rendered on the date the signed written order is filed with the respective board clerk or secretary.
(Ord. 2012-64, passed 9-11-12; Am. Ord.
2019-110
, passed 9-24-19)