§ 2.44.075. Public hearing and procedures for variances, conditional uses, and conforming uses.

A.

Quasi-judicial matters. Land use issues involving requests for variances, conditional uses, and nonconforming uses are quasi-judicial matters which will be decided by the Planning-Zoning Commission following a public hearing conducted in accordance with this section. All other zoning decisions by City officials are legislative determinations.

B.

Parties.

1.

The parties to a hearing shall be any of the following persons who have filed a written appearance of record with the chairman of the planning and zoning commission or the planning and inspection department three days prior to the date of the public hearing, or other persons permitted by the planning-zoning commission chairperson:

a.

A person entitled to notice;

b.

Representatives of any department or agency of the city or another unit of local government;

c.

A person who satisfies the chairperson that he has a significant interest in the subject matter of the hearing.

2.

A written statement giving the name and address of the person making the appearance, signed by him or by his agent, and filed with the manner prescribed herein, constitutes an appearance of record.

C.

Conduct of Public Hearing.

1.

All testimony at the hearing shall be under oath or affirmation.

2.

A party shall be afforded an opportunity to present evidence and argument and to question witnesses on all relevant issues, but the chairperson may impose reasonable limitations on the number of witnesses, and on the nature and length of their testimony and questioning. The planning-zoning commission may call witnesses and introduce evidence on their own volition.

3.

The planning-zoning commission may adopt specific regulations for the conduct of proceedings at a public hearing, which shall become effective upon approval of the city commission.

4.

The chairperson shall make a full record of the hearing by sound recording; any person shall have the opportunity to listen to, copy, buy, or transcribe the recording at any reasonable time at the city inspection department. Summary minutes shall be kept of all public hearings, and they shall be kept available for public inspection.

5.

The planning-zoning commission shall adopt written bindings of act and conclusions which shall become a part of the record.

D.

Appeals.

1.

Appeals from decisions of the planning-zoning commission shall be made in the manner and within the time period for other appeals from the planning-zoning commission to the city commission.

2.

When appeals are made to the city commission, the city commission shall consider the appeal at a regular or special meeting, after notice to all parties. The appeal will be considered on the entire record, consisting of the written arguments, exhibits, summary minutes, findings of fact and conclusions, and the transcript, if deemed necessary by the city commission. The city commission may reverse, affirm, or modify the decision appealed, and it's decision will be final. If it appears to the city commission that testimony is necessary for the proper disposition of the matter, it may upon a majority vote take evidence, which shall constitute a part of the proceedings upon which the determination shall be made. Alternatively, the city commission may demand the matter to the planning-zoning commission for reconsideration.

(Ord. 1370-90 § 2, 1990).