Ordinance 1121-85 - Laserfiche WebLink

• 1 c. Hours of use or operation or type and intensity of activities. 2 d. Sequence and scheduling of development. 3 e. Maintenance of the development. 4 f. Duration of use and subsequent removal of structures. 5 g. Granting of easements and dedications for roads, walkways, utilities or other purposes and dedication of land or other 6 provisions for public facilities, the need for which the Examiner finds would be generated in whole or in significant 7 part by the proposed development. 8 h. Provisions which would bring the proposal into compliance with the Comprehensive Plan. 9 i. Posting of performance bonds as required to insure corn- 10 pliance with any conditions, modifications and/or restric- tions imposed on the proposal. 11 2. For the purposes of this section, the Examiner shall have all the 12 powers of the Board of Adjustment. 13 Section 2: That Section 20 of Ordinance No. 692-80 as amended by Ordinance 14 Nos. 819-81, 823-81 and 952-83 which now reads as follows: 15 16 Section 20: APPEAL OF EXAMINER'S DECISION. 17 Any party aggrieved by the Examiner's final decision on any action listed in Section 12.A.1, may submit an appeal in writing to the City Council, by 18 filing same with the City Clerk, within ten (10) working days from the date of the Examiner's written decision, requiring a review of same. 19 There will be no fee charged foi' such appeals. 20 Thereupon the Examiner shall cause to be forwarded to the City Council all of the pertinent documents and exhibits, including his/her written 21 decision, findings, conclusions and notice of appeal. If, after the examination of such record at a public meeting, the Council determines 22 that a substantial error in fact or law may exist in the record, it shall remand the proceeding to the Examiner for reconsideration as provided to 23 Section 19 or, after conducting n public hearing, it may modify, remand or reverse the decision of the Examiner accordingly. 24 A transcription of the hearing record shall be transmitted to the City 25 Council at least five (5) working days before the date and time at which the Council shall consider such appeal. 26 The cost of transcription of said hearing record shall be borne by the 27 person requesting said transcription unless otherwise determined by the City Council. Notice of the filing of an appeal shall be made to all 28 parties of record to the hearing, and said notice shall give the time and date when the Council will consider such appeal. The City Council may 29 also hold a public hearing to receive any new or additional evidence that same could not have been reasonably available at the time of such hearing 30 before the Examiner. The City Council shall accept, modify or reject any findings or conclusions or remand the decision of the Examiner for further 31 hearings. The Council's decision shall be in writing and shall specify modified or amended findings, and conclusions whenever such findings or 32 conclusions are different from those of the appealed decision, which may -5-