A public hearing held pursuant to the provisions of this title shall comply with the following procedures:
A. Scheduling The Public Hearing: An application requiring a public hearing shall be scheduled to be heard within a reasonable time in light of the complexity of the application and available staff resources, and by the applicable public notice standards under this title or such time as is mutually agreed upon between the applicant and the decision making body.
B. Examination And Copying Of Application And Other Documents: Upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the appropriate City office. Copies of such materials shall be made available at reasonable cost.
C. Conduct Of Public Hearing:
1. Rights Of All Persons: Any person may appear at a public hearing and submit evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state an address, and if appearing on behalf of a person or an organization, state the name and mailing address of the person or organization being represented.
2. Exclusion Of Testimony: The body conducting the public hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial, unduly repetitious, or otherwise inadmissible.
3. Proffers Of Testimony: In the event any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity to offer a proffer in regard to such testimony or evidence for the record. Such proffer shall be made at the public hearing.
4. Continuance Of Public Hearing: The body or officer conducting the public hearing may, upon the body's or officer's own motion, continue the public hearing or meeting to a fixed date, time and place. Two-thirds (2/3) of the voting members present at the hearing or meeting at which a quorum is present shall be required for a continuance, unless it is an administrative hearing. An applicant may request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the body or officer conducting the public hearing only upon good cause shown.
D. Withdrawal Of Application: An applicant may withdraw an application at any time prior to the action on the application by the decision making body or officer. Application fees, however, shall not be refundable if a staff report on the application has already been prepared or notice of a public hearing on the application has already been mailed, posted or published pursuant to the provisions of section 21A.10.020 of this chapter.
E. Record Of Public Hearing Or Meeting:
1. Recording Of Public Hearing: Except where required otherwise by statute, the body or officer conducting the public hearing shall record the public hearing by any appropriate means. A copy of the public hearing record may be acquired upon request to the Zoning Administrator and payment of a fee to cover the cost of duplication of the record.
2. The Record: The minutes, tape recordings, all applications, exhibits, papers and reports submitted in any proceeding before the decision making body or officer, and the decision of the decision making body or officer shall constitute the record.
3. Location Of Record And Inspection: All records of decision making bodies or officers shall be public records, open for inspection at the offices of the decision making body or officer during normal business hours and upon reasonable request.
F. General Procedures For Findings And Decisions:
1. General: Action shall be taken in compliance with any time limits established in this title and as promptly as possible in consideration of the interests of the citizens of Salt Lake City and the applicant, and shall include a clear statement of approval, approval with conditions or disapproval.
2. Findings: Except for the City Council, whose decision shall be made by motion or ordinance as appropriate, all decisions shall be in writing and shall include at least the following elements:
a. A summary of the information presented before the decision making body or officer;
b. A summary of all documentary evidence submitted into the record to the decision making body or officer and which the decision making body or officer considered in making the decision;
c. A statement of the general purpose of this title, the specific purpose of the district where the use is or would be located, and the standards relevant to the application;
d. A statement of specific findings of fact or other factors considered, whichever is appropriate, and a statement of the basis upon which such facts were determined, with specific reference to the relevant standards set forth in this title; and
e. A statement of approval, approval with conditions or disapproval.
G. Notification: The record of decision notifying the applicant of the decision of the decision making body or officer shall be sent within ten (10) days of the decision. A copy of the decision shall also be made available to the applicant at the offices of the decision making body or officer during normal business hours, within a reasonable period of time after the decision. The date of the record of decision will begin the permitted time frame for an appeal of the decision making body. (Ord. 69-09 § 5, 2009)