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The following uses are processed in accordance with the Zoning Examiner Special Exception Procedure:
1. Those uses identified in Section 4.8 (Use Table) as requiring processing in accordance with the Zoning Examiner special exception procedure;
2. Expansions of ; and,
3. Substitutions of if the proposed use is not within the same class as the existing use.
B. Pre-Application Conference Required
A pre-application conference with staff is required in accordance with Section 3.2.1.
C. Neighborhood Meeting Required
The applicant is required to conduct a neighborhood meeting and provide notice of the meeting in accordance with Section 3.2.2.
D. Application and Notice (Mailed and Posted) Required
Submittal of an application to the PDSD is required in order to process the request. See the Administrative Manual for application submittal requirements. Applications shall be reviewed for completeness in compliance with Section 3.2.3.A and for compliance with the neighborhood meeting requirements of Section 3.2.2. Following acceptance by the PDSD, mailed and posted notice of the application is required in accordance with Section 3.2.4.
Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by the , and others as may be deemed appropriate by the PDSD .
F. PDSD Recommendation
The PDSD shall prepare a recommendation and forward it to the applicant and the Zoning Examiner.
G. Zoning Examiner’s Public Hearing
A public hearing must be held before the Zoning Examiner within 70 of acceptance of the application. Public hearings are held in accordance with the following and the Zoning Examiner’s rules and procedures.
1. The Zoning Examiner shall administer oaths and may compel the attendance of witnesses and the production of relevant information, including witnesses requested by any .
2. 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.
3. Comments may be given by any , either verbally or in writing.
4. A record of the hearing must be made and retained as a public record.
5. The Zoning Examiner may close the public hearing, or continue the public hearing to a specified time, date, and place. A continuance may not be for more than 30 .
H. Zoning Examiner’s Decision
The Zoning Examiner’s decision may be appealed to the Mayor and Council by any in accordance with Section 3.9.2 by submitting a notice of intent to appeal to the City Clerk within 14 from the effective date of the decision with a copy delivered to the PDSD. The complete appeal materials must be filed with the City Clerk within 30 of the effective date of the decision.
J. Change in Condition of Approval
An applicant may request a change in a condition of approval of a Zoning Examiner Special Exception Land Use. The request must be submitted to the PDSD and reviewed by the PDSD staff for recommendation to the Zoning Examiner. The request is then considered at a public hearing in accordance with procedures in this Section 3.4.3.
(Am. Ord. 11127, 11/6/2013)