§ 1431-19. Review of Permit Applications.

After receiving an advisory report from the administrative reviewer, the City Planning Commission has the duty to consider applications for permits as follows:

(a)

Public Hearing. The City Planning Commission has the duty to hold a public hearing on the application at a regularly scheduled Commission meeting within 30 days of acceptance of the advisory report prepared pursuant to § 1431-17. Notice of the hearing must be sent to the applicant, owners of record of adjoining properties and any person requesting notice. Notice must be published in the City Bulletin in advance of the hearing. Testimony at the hearing will be taken under oath and recorded and the reviewer responsible for preparing the advisory report must appear. The applicant is permitted to be heard in person or through an attorney and may present evidence and cross-examine opposing witnesses.

(b)

Exceptions From Underlying Zone District Regulations. The City Planning Commission may grant exceptions from the underlying zone district regulations other than those relating to use, maximum number of dwelling units and maximum floor area ratio, when the exceptions are consistent with the application review guidelines adopted pursuant to § 1431-07 and the standards for review set forth in § 1431-17.

(c)

Decision of The City Planning Commission. The City Planning Commission has the duty to make a decision on the application within 14 days of the close of the public hearing. The application may be approved, subject to conditions necessary to ensure that the development plan is lawful and in the public interest. If the application is disapproved, the reasons must be stated in writing as findings of fact and conclusions of law. The failure of the proposed work to conform with any single factor is not necessarily a sufficient basis for denial. The City Planning Commission has the duty to approve an application that maximizes both the public interest and private benefits generally. The City Planning Commission has the duty to send its conclusions to the applicant, appropriate city officials and others who request a copy.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 253-2005, eff. July 21, 2005)