A. Planning and Zoning Commission. The Planning and Zoning Commission shall conduct a public hearing on all development applications that are required to come before it. The Commission shall apply the criteria for review and approval as stated in this UDO when considering an application. At the conclusion of a public hearing, the Commission shall approve the application as presented, approve with conditions, deny the application, or make a recommendation to City Council, or may defer the matter at the request of the applicant. The Commission may postpone action on an item for one meeting on its own initiative to allow for the receipt of additional information. The Commission’s decision becomes effective after the second City Council meeting following the notice of the Commission’s decision on the application to City Council.

B. Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall conduct a public hearing on all development applications that are required to come before it. The Commission shall apply the criteria for review and approval as stated in this UDO when considering an application. At the conclusion of a public hearing, or within a reasonable time thereafter, the Commission shall approve the application as presented, approve with conditions, or deny the application. The decision of the Board is final and effective immediately unless an appeal to District Court is filed. The decision may not be appealed to City Council.

C. City Council. The City Council shall conduct a public hearing on those types of applications where Table 5.2-1 indicates that a public hearing will be held. In addition, City Council shall hear appeals of decisions pursuant to Section 146-5.3.13 for those types of applications where Table 5.2-1 identifies City Council as the appeal body. At the conclusion of the hearing, the City Council shall approve the application, approve with conditions, or deny the application. The City Council may defer its decision to obtain additional information, or it may remand the application to the department or body that made an earlier decision on the application for further consideration. (Ord. No. 2020-37 § 30, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)