[Ord. No. 4, 2-3-2021]
All appeals and applications as provided for in this chapter shall be submitted in writing on the forms prescribed by the Commissioner of Urban and Economic Development. Each appeal or application shall contain that specific information as may be required by the various provisions of this chapter.
[Ord. No. 4, 2-3-2021]
(a) 
Every application required under the provisions of this chapter shall be filed with the Commissioner of Urban and Economic Development. No application shall be officially on file with the City unless and until the application and all required accompanying submissions are received by the Commissioner of Urban and Economic Development.
(b) 
If the application is complete, it shall be transmitted to the officer, body or agency having jurisdiction to act on the same, and such official shall promptly notify the Commissioner of Urban and Economic Development of the action taken on the application.
[Ord. No. 4, 2-3-2021]
(a) 
All applications and appeals shall be heard and considered in the order in which they are filed, except that an application or appeal may be advanced for a hearing by an order of the respective body for good cause shown. The clerks of the respective hearing bodies shall keep a calendar of cases to be heard in their proper priority.
(b) 
All applications for an amendment to the Zoning Map shall be heard and a decision made within 12 months from the date of filing, unless an extended period is mutually agreed upon by the applicant and the City or unless an applicant refuses or neglects to prosecute an application in accordance with the provisions of this chapter.
[Ord. No. 4, 2-3-2021]
An appeal of any order, requirement, decision, interpretation or determination of any administrative official charged with the enforcement of this chapter shall be filed within 60 days of the date of such decision. The administrative official from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
[Ord. No. 4, 2-3-2021]
All public hearings as required by this chapter, whether they be conducted by an authorized committee, the Common Council, the Zoning Board of Appeals, or the Planning Board, shall be conducted in accordance with the following provisions:
(a) 
No public hearing shall be held unless the required notice for same has been satisfied in accordance with the provisions of Section 2-29-108.
(b) 
All hearings shall be open to the public. Any person may appear and testify at such hearing, either in person or by an authorized agent or attorney.
(c) 
The hearing body shall by general rule prescribe procedures for the conduct of hearings (i.e., Robert’s Rules of Order).
(d) 
The Chair, upon a vote of the majority of members, may continue or defer a hearing, according to one of the following criteria:
(1) 
If a hearing has been opened and public testimony has been received and there is cause for continuation of the hearing, no formal notice as required by Section 2-29-108 shall be required if the hearing is continued to a date certain; or
(2) 
If a hearing on a special use permit, a variance, or an amendment to the Zoning Map has not been opened, and there is cause for deferral of the hearing, written notice to adjacent property owners as required by Subsection 2-29-77(c)(2) shall be remailed, except such notice shall be mailed not less than 10 days in advance of the public hearing; or
(3) 
If a hearing is concluded, but action is deferred until a future date, no formal notice as set forth in this chapter shall be required prior to action being taken.
(e) 
Where deemed necessary, it shall be in order to conduct joint hearings after public notice as set forth in as set forth in this chapter. If such joint hearing is held, then public notice need be given by only one hearing body, which shall be the Common Council in those instances where it is one of the hearing bodies.
(f) 
An action may be reconsidered only upon motion of a member voting with the prevailing side of the original vote. A motion to reconsider must be made at the same or immediately subsequent regular meeting, and may be seconded by a member.
[Ord. No. 4, 2-3-2021]
(a) 
No public hearing as required by the provisions of this chapter shall be held unless documented evidence can be presented that the following notice requirements have been satisfied. The subject of the public hearing need not be advertised in full, but may be advertised by reference. Every such advertisement shall contain a reference to the place or places within the City where copies of the subject of the public hearing may be examined.
(b) 
Publication. Public notice of any hearing shall be published once in a local newspaper having general circulation in the City. Such notice shall be published not less than 10 days nor more than 21 days before the date of the hearing and shall specify the time and place of the hearing and the nature of the matter before the hearing body. Such notice shall be the responsibility of the clerk of the hearing body.
(c) 
Written notice to appellant/applicant.
(1) 
With respect to an appeal from an order, requirement, decision or interpretation made by the Commissioner of Urban and Economic Development, the Clerk of the Zoning Board of Appeals shall either send to the appellant by registered mail a notice of a hearing on such appeals, or cause such notice to be served personally on the appellant, in either case at least 10 days before the time of said hearing. A copy of such notice shall be sent to the City’s Corporation Counsel.
(2) 
With respect to an application for a variance, the hearing body shall submit written notice to the applicant, and owners of the subject property if different from the applicant, by first class mail such to be postmarked at least 10 days before the day of the hearing.
(3) 
With respect to an application for amendment to the Zoning Map, the Clerk of the Planning Board shall send written notice to all owners of property within 200 feet of the exterior boundaries of the subject property. Such written notice shall state the date, time and place of the public hearing, the present and requested zoning of the property, the location and size of the property, the nature and use of the land proposed, and the name of the applicant. Such written notice shall be postmarked not less than 10 days before the hearing, to the last known address of the owner(s) as shown on the current real estate assessment books.
(4) 
With respect to an appeal from an order, requirement, decision or interpretation made by the Commissioner of Urban and Economic Development or an application for a variance or special use permit, the clerk of the Zoning Board of Appeals shall send written notice to all owners of property within 200 feet of the exterior boundaries of the subject property. Such written notice shall state the date, time, place and subject matter of the hearing and the name of the applicant. Such written notice shall be postmarked not less than 10 days before the hearing, to the last known address of the owner(s) as shown on the current real estate assessment books.
(5) 
With respect to a public hearing for site plan review and special permit by the Planning Board, the applicant shall send written notice to all owners of property within 200 feet of the exterior boundaries of the subject property. Such written notice shall state the date, time, place and subject matter of the hearing and the name of the applicant. Such written notice shall be postmarked not less than 10 days before the hearing, to the last known address of the owner(s) as shown on the current real estate assessment books.
(d) 
Additional notice. The hearing body may by resolution prescribe additional means and forms of notices in connection with any matter falling within its jurisdiction.