CHAPTER 11
CITY OF NORTHGLENN ZONING ORDINANCE

ARTICLE 41
SPECIAL PERMIT PROCEDURE

Section 11-41-1. Scope of Article.

(a)

The provisions of this Article 41 of Chapter 11 of the Municipal Code govern proceedings on applications for permitted uses, special uses, and temporary uses allowed by the provisions of this Chapter.

(b)

As used in this Article 41, the term "special permits" means and includes all applications for permitted uses, temporary uses, and special uses allowed or provided by this Ordinance.

[Source: Ord. 315, 1974]

Section 11-41-2. Hearing Officers.

(a)

The Commission may by resolution appoint one or more of its members to serve as hearing officer and to conduct a hearing on any application for a special permit.

(b)

A hearing officer or officers so appointed shall have and exercise all of the powers of the Commission in scheduling and holding such hearing. When more than one person is appointed to conduct a hearing, such officers shall elect one of their number as Chairman, and the Chairman shall be presiding officer at the hearing.

(c)

When more than one person is so appointed, each hearing officer shall have one vote, and the proceedings and recommendations shall be governed by vote of a majority thereof.

(d)

Upon conclusion of the hearing, the hearing officer or officers shall make a decision on the application in writing, stating the reasons for the decision and summarizing the evidence, and transmit the same to the Commission at its next regular meeting or at the time provided by the appointing resolution.

[Source: Ord. 315, 1974]

(e)

The decision of a hearing officer, or the majority of hearing officers hearing a case shall be the decision of the Commission unless such decision refers the case to the Planning Commission for final determination.

[Source: Ord. 348, 1974]

(f)

Whenever any application shall be referred to the Planning Commission for final determination, the Commission shall hold a public hearing before making the final determination.

[Source: Ord. 348, 1974]

Section 11-41-3. Public Hearings.

(a)

A public hearing shall be held on each application for a special permit. Except as provided by Section 11-41-2 of this Article, the hearing shall be held before the Planning Commission at a regular meeting or at a special meeting called for such purpose.

(b)

At least fifteen (15) days prior to the hearing, referred to in Section 11-41-3(a), a notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Northglenn, and a notice of such hearing shall be mailed or delivered to either 35 of the residents residing within an area immediately surrounding the applicant's location or to all residents within five hundred (500) feet from the applicant's location, whichever is less.

[Source: Ord. 488, 1977]

Section 11-41-4. Voting.

(a)

Except as provided in Section 11-41-2 of this Article, the decision or determination of any matter before the Commission in proceedings authorized by this Article shall be carried by majority vote of the Board.

(b)

The vote required for procedural and parliamentary matters of the Commission shall be provided by rule of the Commission.

[Source: Ord. 315, 1974]

(c)

Whenever any alternate member of the Commission is seated and participates in a hearing, such alternate member shall continue to sit as a member of the Commission until the conclusion of such hearing or any rehearing, and shall have the right and duty to vote thereon in the place of the citizen member whose absence caused such alternate member to be seated.

(d)

Except in proceedings conducted under the authority of Section 11-41-4 of this Article, no member or alternate member of the Commission who was absent from the public hearing shall participate in the decision of the case.

[Source: Ord. 348, 1974]

Section 11-41-5. Procedural Rules. The Commission, as an administrative board and commission of the City, is authorized to make, adopt, and enforce procedural rules in the manner provided by ordinance.

[Source: Ord. 315, 1974]

Section 11-41-6. Decision -- Effective Date -- Execution.

(a)

Every decision and determination of the Commission under the provisions of this Article 41 of Chapter 11 of the Municipal Code, unless a different time is expressly stated therein, shall be final, for purposes of review or appeal, on the date of the decision or on the date of denial of an application for rehearing, unless a rehearing is granted, in which case the decision on rehearing shall be the final decision.

(b)

A decision or determination of the Commission granting an application for a temporary use shall be automatically stayed for ten (10) days after the date of decision unless the Commission or hearing officer finds that by reason of facts stated in the decision:

(1)

A stay would impair or defeat the purposes of the temporary use; or

(2)

A stay would cause imminent peril to life or property.

(c)

A decision or determination of the Commission on an application for a permitted use or special use, any decision denying an application for a temporary use, and any decision in proceedings for the revocation or cancellation of any permit shall be automatically stayed for ten (10) days after the date of decision unless the Commission or hearing officer finds that by reason of facts stated in the decision a stay would cause imminent peril to life or property.

(d)

Any decision or determination of the Commission in proceedings under the provision of this Article, which is not subject to the automatic stay under the provisions of this Section, shall nevertheless be subject to review or appeal as in other cases, and any action taken toward the enforcement or implementation of the decision, together with any license, permit, certificate or other document issued in pursuance of such decision, shall be subject to such review or appeal.

(e)

During the period of any automatic stay, or the period of any stay provided in a decision or determination of the Commission, no action shall be taken toward the enforcement or implementation of the decision, and no license, permit, certificate or other document shall be issued in pursuance of such decision except the certification of copies of the decision and any supporting documents or exhibits.

[Source: Ord. 315, 1974]

Section 11-41-7. Rehearing.

(a)

Application for rehearing of a decision of the Planning Commission may be made by the applicant or the Department of Community Development within ten (10) days after the date of the decision, by filing written notice or request in the office of the Department.

(b)

The party making such application for rehearing shall appear at the next regular meeting of the Commission, or the meeting of the Commission provided by the appointing resolution for receipt of decision of a hearing officer or officers.

(c)

The Commission shall consider the application for rehearing, and may deny the application or grant a rehearing:

(1)

Before the Commission;

(2)

Before a hearing officer or officers appointed by resolution to conduct a rehearing.

(d)

The Commission may provide by rules procedures for applications for rehearing consistent with the provisions of this Section.

[Source: Ord. 315, 1974]