§ 13-14. Hearing.

(a)

Timeframe for hearing. Upon receipt of the director's report, the zoning administrator shall, in the same manner as provided for in section 24-260 of Chapter 24 of this Code, schedule a public hearing within forty-five (45) days of receiving the director's report.

(b)

Determination by the zoning administrator.

(1)

The zoning administrator may consider and act upon grading permit applications that are minor and non-controversial in nature. Grading applications approved by the zoning administrator must generally meet the following criteria: grading will not adversely affect sensitive human receptors, sensitive biological resources, or cultural resources.

(2)

The zoning administrator may forward grading applications to the planning commission for consideration and action, including any grading applications recommended by the director for consideration by the planning commission.

(3)

The determination of the zoning administrator shall be final unless a written appeal is filed in the same manner as provided in section 24-267 of Chapter 24 of this Code.

(c)

Determinations by the planning commission.

(1)

The planning commission, on the basis of evidence submitted at the hearing, may approve or deny the permit.

(2)

The determination of the planning commission shall be final unless a written appeal is filed in the same manner as provided in section 24-267 of Chapter 24 of this Code.

(d)

Time Limits and Extensions.

(1)

Expiration of Permit. A grading permit shall expire and become void two (2) years after the date of approval except where an extension of time is approved as allowed by Subsection (2)(Extension of Time).

(2)

Extension of Time. The zoning administrator may approve an extension to a permit in the following manner:

a.

The applicant shall submit to the Department of Development Services a written request for an extension of time no later than ten (10) days before the expiration of the permit.

b.

The zoning administrator may extend the permit for an additional one (1) year period if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit in a timely manner.

c.

The burden of proof is on the applicant to demonstrate that the permit should be extended.

d.

The zoning administrator may choose to refer any extension of time request to the planning commission for review and final decision.

(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09; Ord. No. 4052, § 4, 3-12-13)