1213.01 PUBLIC HEARING PROCEDURES.

   A public hearing required to be held by the Board of Zoning Appeals, the City Planning Commission or the City Council pursuant to this Zoning Ordinance shall comply with the following procedures.

   A.    Setting the Hearing. When the Zoning Administrator determines that an application is complete and that a public hearing is required by this Zoning Ordinance, the Zoning Administrator may consult with the decision-making bodies or officers required to conduct the public hearing and shall select a place and time certain for such hearing, and shall cause the hearing to be scheduled pursuant to the procedures and standards of this Zoning Ordinance.

   B.    Notice Of Public Hearings. Notice of all public hearings of the Board of Zoning Appeals and the City Planning Commission required under this Zoning Ordinance shall be served in the form established by the Zoning Administrator and pursuant to the following standards. Hearings of the City Council shall be noticed pursuant to standards established by the Council. The costs to process and mail Notice of Hearings for rezonings and ordinance amendments shall be borne by the applicant.

      1.    General Notification. Notice of an application shall be given as required by the regulations and standards of this Zoning Ordinance, as appropriate.

      2.    Notification to Neighborhood Organizations. Notification shall be given to any organization requesting such notification in the same manner as the notice is given to the surrounding property owners, as appropriate.

      3.    Contents of Notice. The notice for any public hearing required pursuant to this Zoning Ordinance shall summarize the application and the date, time and place of the public hearing, and the place where such application may be inspected by the public. The notice shall also advise that interested parties may appear at the public hearing and be heard with respect to the application.

   C.    Examination and Copying of Application and Other Documents. At any time upon reasonable request, and during normal business hours, any person may examine a copy of and obtain a photocopy of, at a cost established by ordinance of the City Council, any application and materials submitted in support of or in opposition to an application in the offices of the Planning Department.

   D.    Conduct of Public Hearing.

      1.    Right of All Persons to Speak. Any person may appear at a public hearing and submit evidence, either individually or as a representative of a person or an organization. Anyone representing a person or an organization shall present evidence of their authority to speak on behalf of the person or organization in regard to the matter under consideration. 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.

      2.    Hearing of Testimony and Other Evidence. The body conducting the public hearing may establish time limits for the presentation of testimony or other evidence and may exclude testimony or evidence upon finding it to be irrelevant, immaterial or unduly repetitious.

      3.    Submission of Testimony and Other Evidence. In the event any testimony or other evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence may reduce such testimony or evidence to written form and submit such written testimony or evidence for the record. Such offer shall be made at the public hearing.

      4.    Continuance of Public Hearing or Meeting. The body conducting the public hearing or meeting may, upon the body’s or officer’s own motion, continue the public hearing or meeting to a fixed date, time and place. In the case of a decision-making body, a majority of the voting members present at the hearing or meeting at which a quorum is present shall be required for a continuance. An applicant shall have the right to request a continuance, which may be granted at the discretion of the body conducting the public hearing upon good cause shown.

   E.    Withdrawal of Application. An applicant shall have the right to withdraw, in writing, an application at any time prior to the action on the application by the decision-making body.

   F.    Actions Upon Completing Public Hearings.

      1.    General. All decision-making bodies and officers shall take action within a reasonable time in consideration of the interests of the citizens of the City of Shaker Heights.

      2.    Findings. All decisions, except decisions on amendments to the Zoning Map or to the text of this Zoning Ordinance, shall be in the minutes.

   G.    Record of Public Hearing or Meeting.

      1.    Recording of Public Hearing. The body 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, all applications, exhibits and papers submitted in any proceeding before the decision-making body, the Staff Report and the decision of the decision-making body shall constitute the record.

   H.    Notification of Decision. Notification of the City Council’s decision shall be mailed by the Zoning Administrator to the applicant within five (5) working days of the decision. Such notification shall include the action sheet of the decision. A copy of the decision shall also be made available to the applicant at the offices of the decision-making body, during normal business hours, within a reasonable period of time after the decision.
(Ord. 03-67. Enacted 6-9-03; Ord. 13-114. Enacted 12-16-13.)