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THE ZONING REPORT <br />For Planning and Zoning Professionals <br /> <br /> ISSN 0748-0083 <br />VOL I2, NO 2 -- JAN 21, 1994 -- Charles Reed, AICP, Editor/Publisher -- $58/year/subscription <br /> <br />I <br />i <br />I <br /> <br />HC~ TO SET UP RE~UI2%TIONS FOR HEARING EXAMINERS <br /> <br />(Part Two of two parts) <br /> <br />Thi~ i~ Part Two of our two-part discussion of <br /> <br />this topic. Part One, which you received two <br />weeks ago on January 7th, provides our ideas, <br />suggestions, rules and caveats for setting up <br />examiner provisions in zoning codes. Part Two <br />quotes selected zoning code provisions that <br />illustrate our commentary from Part One. <br /> <br />Sample text <br /> <br />We divide the sample text into three parts: (!), <br />a complete hearing examiner provision; (2), <br />excerpts from two hearing examiner provisions; <br />and (3}, other hearing examiner zoning code <br />pr ovisio ns. <br /> <br />A complete hearing examiner provision <br /> <br />in. Thc Hearing Officer shall be appointed by <br /> <br /> the City hianager or designee, with the eon- <br /> sent of the City Council. <br /> "Sec. 103: Qualifications: The Hearing Offi- <br /> cer should have such training or experience as <br /> will qualify her to conduct administrative or <br /> quasi-judicia! hearings on land use regulatory <br /> ma tters. <br /> "Sec. 104: Deputy Hearing Officer: There is <br /> hereby created the position of Deputy Hearing <br /> Officer who shall, in the event of the absence <br /> or inability of the Hearing Officer to act, shah <br /> have all the duties and powers of the Hearing <br /> Officer. The Deputy Hearing Officer shall be <br /> appointed pursuant to Sec, 102, and should <br /> meet the qualifications set forth in Sec. t03. <br /> "Sec.' 105: Jurisdiction: The Hearing Officer <br /> shall ~h~ve' jurisdiction over the following mat- <br /> <br />"...~' "A. (-'APpli. cations for all variances to the re- <br /> <br /> "Sec. 10t: Purpose: It is the purpose of this ..... quir,,e~.nts of [the zoning code] except when <br />[chapter] to provide efficient and timely public. £-:sueYnJv~flance is sought in conjunction with a <br /> <br />review of development proposals; to ensure <br />fairness and due process in public hearings; to <br />administratively separate the enforcement of <br />[the zoning code] from the process of adopting <br />legislative land use plans; and %o provide for <br />an informal and more efficient method of en- <br />forcing the requirements of [the zoning code]. <br /> "Sec. 102: Creation: There is hereby created <br />in the City Administration a Hearing Officer. <br />The Hearing Officer shall hold public hearings <br />pursuant to the provisions set forth in this <br />[chapter], and make decisions as provided here- <br /> <br />request for rezoning or conditional use. <br />"B. Appeals from all notice and orders allegin~ <br />violations of the provisions of [the zoning code] <br /> <br /> "Sec. 106: Referral: in the sole discretion of <br />the Hearing Officer, any matter which would <br />otherwise be subject to the jurisdiction set <br />forth in Sec. 105 above may be referred to the <br />CPC; provided; however, that any referrals <br />taus: be made prior to a decision by the Hear- <br />ing Officer on the matter which is the subject <br />of the referral. <br /> <br />c 1994 by Charles Reed ........ 1404 N. State Road 7, Suite 269; Margate, Florida 33063 <br /> -- Mailing address: PO Box 6529; Margate, Florida 33063 -- <br /> <br /> <br />