(a) The member or spouse, brother, sister, child, parent, father-in-law or mother-in-law of the member, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnerships or employment; and/or

(b) However and notwithstanding the before-mentioned, should disqualification of a member preclude a decision being made within the prescribed time limits, such otherwise disqualified member may vote in the matter. Any actual or potential interest shall be disclosed at the meeting of the Commission where the action is being taken.

(a) All persons or organizations to whom notice was sent under § 157.418 of this chapter; and

(b) Any persons adversely affected.

(a) All evidence and/or testimony submitted before or at the hearing shall be admitted; except evidence that the Planning Commission determines is irrelevant, immaterial or repetitious.

(b) Demonstrative evidence shall be received if the Planning Commission determines the same to be reliable, probative and material. Upon admission, the same should be marked and identified.

(c) The Planning Commission may set time limits on the length of oral presentations.

(d) All parties shall have the right to rebut the evidence and testimony presented, at the discretion of the Planning Commission, by either oral or written statements or both, as determined by the Planning Commission.

(e) A Planning Commission member may vote on a particular matter based on his or her personal knowledge, as long as the same is made a part of the hearing record.

(f) The Planning Commission may, at its discretion, conduct a tour of the site involved at the hearing.

(a) The Planning Commission shall maintain order to ensure that all parties have an opportunity to be heard in an orderly fashion.

(b) Parties shall not unduly interrupt or otherwise disrupt or encourage another party’s presentation.

(c) The Planning Commission members may interrupt the testimony presented with questions to the persons presenting the testimony.

(a) The presiding officer shall cause, at the commencement of the hearing, a statement to be made to those in attendance that lists the applicable substantive criteria; that declares that testimony and evidence must be directed toward that criteria or other criteria in the ordinance or Comprehensive Plan or subdivision ordinance which the person believes applies to the decision; and that declares that failure to raise an issue with sufficient specificity to afford the Planning Commission and the parties an opportunity to respond to the issue precludes appeal to the City Council based on that issue.

(b) If a participant so requests, the record shall remain open for at least seven days after the last evidentiary hearing on the matter.

(c) The presiding officer shall state at the close of the hearing that notice of the findings will be given to any party who requests same in writing.

(a) The standards to be applied for the matter in question are contained within the Comprehensive Plan, Ch. 156 of this code and this chapter, as each section and/or division may be applicable to the subject at hand.

(b) The Planning Commission shall adopt specific findings on the matter that shall specifically state:

(c) Any party and the City Manager/Recorder may present proposed findings.

(a) At the close of the record, the Planning Commission may postpone the findings to another meeting not more than 60 days after the hearing; may make tentative findings and instruct the City Manager/Recorder or other staff to prepare final, formal findings for adoption at a later meeting; may adopt formal written findings; or may articulate its findings for the record and instruct the City Manager/Recorder or other staff to draft a written report of the findings to be signed by the Chairperson and attested to by the City Manager/Recorder.

(b) The decision becomes final as to the Planning Commission when the written findings are signed by the Chairperson and attested to by the City Manager/Recorder.

(c) The decisions becomes final as to the applicant and all other parties when and if the findings have not been appealed within 15 calendar days of the date a copy of the findings is to be sent by certified mail to the applicant and to those parties who have, in writing, requested a copy of the findings.

(a) The applicant and any party who submitted either oral or written evidence or testimony at the hearing (merely signing a petition is not sufficient) shall have the right to appeal the decision of the Planning Commission to the City Council.

(b) The appeal must be in writing, must be signed by the appellant, must state the grounds for the appeal, must be accompanied by the fee established for the appeal by the City Council and must be received by the City Manager/Recorder no later than 15 days after the findings were mailed.

(c) The City Council shall conduct a de novo hearing on all appeals properly filed. The notice required, the conduct of the parties and the hearing, the burden of proof, the evidence, the standards and findings, the decisions and other matters shall be in compliance with §§ 157.417 through 157.419 of this chapter; modified only to reflect, from a wording standpoint, the appellate nature of the proceedings; such as a change of all references from the Planning Commission to the City Council.

(d) The City Manager/Recorder shall prepare the record of the Planning Commission’s action, which shall consist of written findings; copies of all written evidence; and a summary of oral testimony presented at the hearing and such other information as the City Manager/Recorder determines would be helpful or necessary to the City Council.

(e) The record shall be submitted to the City Council at least ten days before the appeal is heard. Copies of the record shall be sent certified mail at least ten days before the appeal is heard and addressed to appellant and, if the applicant is not the appellant, to the applicant. (Ord. 80-2, passed 06/14/2010)