Applications for special exception land uses that are decided by the zoning examiner, "zoning examiner special exceptions", and for expansions of nonconforming uses and substitutions of nonconforming uses (uses not within the same land use class) shall be decided by the zoning examiner in accordance with the pre-application conference, neighborhood meeting, application, notice, public comment, review and denial of plan appeal shall be in conformance with section 23A-50 and the following.
(1) Director's recommendation. The director shall prepare a recommendation and forward it to the applicant and the zoning examiner not less than fifteen (15) days prior to the scheduled public hearing.
(2) Zoning examiner's public hearing. The public hearing shall be held before the zoning examiner within seventy (70) days of acceptance of the application. Public hearings are held in accordance with the following and the zoning examiner's rules and procedures.
a. Notice of the public hearing shall be provided at least fifteen (15) and no more than thirty (30) days before the date of the public hearing to all parties who received notice of the application. The notice of the public hearing may be consolidated with the notice of the application.
b. The zoning examiner may administer oaths and may compel the attendance of witnesses and the production of relevant information, including witnesses requested by any party.
c. The zoning examiner may impose any reasonable limitations on the number of speakers heard and may establish the nature and length of testimony by speakers.
d. Comments may be given by any person, either verbally or in writing.
e. A record of the hearing is made and retained as a public record.
(3) Conduct of the zoning examiner. The zoning examiner shall have the ability to obtain information from all parties, including public agencies, prior to the public hearing, provided all requests for information are in writing and the request and information are included as part of the public record. The zoning examiner shall also have the ability, after the close of the public hearing, to obtain additional information or clarify information presented and of record at the hearing provided the request for additional information or clarification is requested in writing and such request and information are included as part of the record or in the report to the mayor and council.
Beyond these limitations, the zoning examiner shall not communicate, directly or indirectly, with any party or party's representative in connection with any issue involved with a particular request, except upon notice and opportunity for all parties to participate; use or rely upon any communication, report, staff memorandum, or other material prepared in connection with the particular case, unless it is made a part of the record; or inspect the site with any party or party's representative, unless all parties are given an opportunity to be present.
(4) Zoning examiner's decision. The zoning examiner may close the public hearing or continue the public hearing to a specified time, date and place provided the continuance is not for more than thirty (30) days. Within five (5) days of the close of a hearing, the zoning examiner shall make a decision to approve, approve with conditions, or deny the application.
(5) Notice of decision. Notice of the decision on an application shall be mailed within three (3) days of the decision to the applicant and all persons who request the notice.
(6) Appeal. The zoning examiner's decision may be appealed by a party of record to the mayor and council in accordance with section 23A-62 by submitting a notice of intent to appeal to the city clerk within fourteen (14) days from the date of the decision with a copy delivered to PDSD. The complete appeal materials must be filed within thirty (30) days of the decision.
(7) Change of condition. An applicant may request a change in a condition of approval of a zoning examiner special exception land use. The request shall be reviewed by staff for recommendation to the zoning examiner. The request shall then be considered at a public hearing in accordance with subsections 3, 4, 5, 6, 7 and 8 above.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)