Laserfiche WebLink
THE ZONIN(; REPORT Page Two <br /> <br /> "Sec. 107: Notice R{.quirements: . . . <br /> "Sec, 108: Public H~arings: Before rendering <br />any decision on any Fatter subject to the jur- <br />isdiction of the Hea~ing Officer, the Hearing <br />Officer shall ho}d at,least one public hearing <br />thereon and may reol~en any matter for addi- <br />tional evidence. Noti~ce of the time and place <br />of the public hearin~ shall be given as set <br />forth in Sec. 107. T~e pubhc hearing may be <br />continued from time ito time as necessary to <br />gather additional info~mation, and no additional <br />notice need be given t~f the hearing be adjourn- <br />ed to a date certain ~y the Hearing Officer. A <br />verbatim record of thee !)ubhc hearing shall be <br />required, and the H~aring Officer shall pre- <br />serve her findings of' fact and conclusions of <br />law in the record for~each item or matter be- <br />fore her. <br /> "Sec. 109: Planning- Department Report and <br />Recommendation: Th~ Planning Department <br /> <br />shall coordinate the ~.review of and assemble <br />comments on all matt.~rs which are subject to <br />the Hearing Officer's j~lrisdictiom, and may pre- <br />pare or cause to be ~repared a report summa- <br />rizing the factors inxolved, and may make or <br />cause to be made a r~commendation thereon at <br /> <br />the public hearing at <br />heard. <br /> "Sec. 110: Parties o <br /> <br />persons, ordy if makir <br />ord, are hereby define <br />entitled, by themselve <br /> <br />which the matter will be <br /> <br /> Interest: The followin~ <br />g an appearance of tee- <br /> <br />fl as parties and, shall be <br />s or through a represen- <br /> <br /> :ina public hearing be- <br /> tative, to participate~ <br /> fore the Hearing Officer: <br /> "A. The applicant or a~ppellant; <br /> "E. Either an owner~ or lessee of property <br /> which is directly affected by the matter which <br /> is before the Hearing Officer; <br /> "C. Any person, organfzation, group or govern- <br /> mental entity who denlonstrates to the Hearing <br /> Officer that he has significant interest in <br /> the sub,%ect matter of '.he hearing; <br /> "D. Any member of the City Administration. <br /> "For purposes of this Section, an "appearance <br /> of record" shall mean ~ither: <br /> "1. An ora] statemerit sufficiently identif.vinl~ <br /> the person making the%amc or by his represen- <br /> tative, made at the he, ring; or <br /> <br />January 21, 1994 issue <br /> <br /> "2. A written statement giving the name and <br />address of the person making the appearance, <br />signed by him or his representative, and filed <br />with the Hearing Officer either prior to the <br />commencement of the hearing or when permit- <br />ted by the Hearing Officer. <br /> "Sec. 111: Hearing Officer's Decision: Subject <br /> <br />to the requirements of Sec. 105 above, un}ess <br />the matter is referred to the CPC, the Hearing <br />Officer shall make a decision on each item <br /> <br />which is before her. The decision of the Hear- <br />ing Officer shall be made after considering ail <br />of the relevant evidence before her and apply- <br />lng that evidence to the requirements of the <br />[City] Code, as amended. When the Hearing <br />Oflicer renders a decision, she shall make find- <br />ings and conclusions of law which support her <br />decision, and the findings and conclusions shah <br />set forth and demonstrate the manner in which <br />the decision meets the requirements of the <br />[City] Code, as amended. The verbatim record <br />of the hearing shall be preserved for at least <br />60 days after final agency action by the Hear- <br />ing Officer or, if appealed pursuant to this <br />[chapter], at least 60 days after final agency <br />action by the appellate body .... <br /> "The Hearing Officer may require such condi- <br />tions for an5, matter as she deems reasonable <br />and necessary in order to further the purpose <br />of the [City] Code, as amended. Violations of <br />such conditions, when made a part of the terms <br />under which any matter is decided, shall be <br />deemed a violation of the Hearing Officer's <br />decision. <br /> "The decision of the Hearing Officer shall be <br />final agency action unless an appeal is filed <br />pursuant to Sec. 114, or a rehearing is request- <br />ed before the Hearing Officer within the appli- <br />cable appeal period. <br /> "Sec. 112: Conduct of the Hearing Officer: <br /> <br />"A. The Hearing Officer shall not communicate, <br />directly or indirectly, with any party or hi~ <br />representative in connection with any issue <br />involved except upon notice and opportunity <br />for all par.ties to participate; and <br />"B. The Hearing Officer shall not use nor rely <br />upon any communication~ reports, staff memo- <br />randa, or other materials prepared in connec- <br /> <br /> <br />