A. Hearing Officer:
1. Purpose: In order to provide for just and fair treatment in the administration of local land use ordinances and to ensure that substantial justice is done, a Hearing Officer shall be appointed to exercise the powers and duties provided hereafter.
2. Creation And Appointment: The Hearing Officer shall be appointed or removed by the Mayor with the advice and consent of the City Council.
3. Procedures:
a. The Hearing Officer shall adopt rules that comply with all applicable State Statutes and City ordinances.
b. Meetings shall be conducted in compliance with the requirements of State Statutes and City ordinances concerning the keeping of minutes.
c. The Hearing Officer shall make decisions on scheduled agenda items. Decisions of the Hearing Officer become effective at the meeting in which the decision is made unless a different time is designated by the Hearing Officer at the time the decision is made.
d. All hearings of the Hearing Officer shall be open to the public.
e. The Hearing Officer shall receive a stipend for each meeting.
4. Powers And Duties: The Hearing Officer shall hear and decide:
a. Requests for variances from the terms of the land use ordinance.
b. Appeals from decisions where it is alleged that there is an error in the order, requirement, decision, or determination made by an administrative official or director in the enforcement or interpretation of this Development Code. Appeals may not be used to waive or modify the terms or requirements of the Development Code. No authority has been granted to the Hearing Officer to make determinations regarding the existence, expansion, or modification of nonconforming structures or nonconforming uses.
c. All appeals of decisions regarding administrative and non- administrative conditional uses.
d. Appeals from a fee charged in accordance with State Code section 10-9a-510.
e. Other matters as established by the City Council.
B. Administrative Officer: The Director is designated as an Appeal Authority for the purpose of reviewing and deciding matters as established by the City Council. (Ord. 18-09, 2-28-2018)