(a) Applications Requiring Hearing.
(1) For any action that requires a public hearing, the provisions herein shall be complied with. Applications that require a hearing are:
A. Amendments (re-zonings);
B. Variances, except Minor Variances;
C. Staff Referred Conditional Uses, including planned unit development preliminary plans but not planned unit development final plans;
D. Appeals; and
E. Certificates of appropriateness.
(2) Applications that require an informal hearing before the Planning Commission are:
A. Amendments; and
B. Conditional use approval of planned unit development preliminary plans but not planned unit development final plans.
(3) Hearings shall be held by the Planning Commission, Board of Zoning Appeals, Design Review Board or Council as provided in this Zoning Code in the sections dealing with each type of application.
(4) Joint hearings. When an application requires action by two or more City Planning Review Boards, excluding City Council, a joint public hearing may be held. The intent of the joint hearing is to allow members of the different Boards to hear relevant testimony, to participate in discussions on the application, and to minimize the review time when more than one Board is involved.
The Chairman of the Board having initial jurisdiction on the application shall chair the joint hearing. Each Board shall operate according to their respective provisions as provided in this Zoning Code. A separate "notice of decision" and appropriate "certificate" and/or "permit" shall be issued by each Board.
(b) Public Notice. The requirements for public notice herein shall be complied with for any zoning action that requires a hearing.
(c) Notification to Petitioner by Objectors. Any attorney employed by any objector to any petition requiring a hearing shall notify the petitioner that he or she has been so retained and shall file an objection at the hearing. Such notice shall be delivered no later than four days before the scheduled date of the hearing. If such notice has not been given, and the petitioner so requests; the body conducting the hearing may reschedule the hearing.
(d) Public Hearing, Subpoenas and Witnesses.
(1) Upon receipt of a complete and accurate application, no later than by the filing deadline established by the Department, for a zoning action requiring a hearing, the Zoning Administrator shall transmit the application to the next regularly scheduled Planning Commission, Board of Zoning Appeals, Design Review Board or Council meeting as provided herein, which shall hold a hearing on the application.
(2) Applicants shall have the right to have subpoenas issued by the City for persons or documents, to present witnesses and to cross-examine all witnesses testifying at the public hearing.
(3) The Chairman or Acting Chairman or President of Council, as appropriate, may compel the attendance of witnesses. All testimony by witnesses shall be given under oath administered by the Chairman, Acting Chairman or President of Council.
(e) Planning Commission, Board of Zoning Appeals, Historic Preservation Board or Downtown Design Review Board. The Planning Commission, Board of Zoning Appeals, Historic Preservation Board or Downtown Design Review Board may not defer voting on any petition for more than one meeting unless the petitioner approves any further postponement.
Within ten days after the close of the public hearing, the Secretary to the Planning Commission, Board of Zoning Appeals, Historic Preservation Board or Downtown Design Review Board shall prepare a report consisting of written findings of fact pertaining to the approval criteria provided herein for the applicable zoning action together with an action on the application, passed by a majority vote of its members, and any conditions or restrictions to which the action is to be subject. The report shall include the roll call vote on the action.
The action taken by the Planning Commission shall be in the form of a recommendation for final action by Council. The action taken by the Board of Zoning Appeals shall constitute final action on the application, subject only to review in the Court of Common Pleas.
In the case of an application for a variance or a planned unit development, the action may include any modification of normal requirements that is authorized by this Code.
(f) Mailing of Report. The Zoning Administrator shall mail a copy of the report to the petitioner and to those who request one. The report of the Planning Commission shall be mailed not less than five days prior to Council meeting at which the report is to be acted upon.
(Ord. 18-76. Passed 7-23-18.)