§ 12.13.055. Notice and public hearing.

A.

Public Hearing. The director shall hold a public hearing on an application for a permit; provided, however, that if no concern is registered as prescribed in subsection (D)(4) of this section, the director may elect not to hold a public hearing.

B.

Time of Hearing. Within 5 working days after acceptance of a completed application, the director shall set a time and place for a public hearing to be held within 45 days.

C.

Notice.

1.

Posted Notice. Within 5 working days after hearing date is set and no less than 21 days before the date of the public hearing, notice of the requested permit shall be conspicuously posted on the abutting property and on the same side of the public street as the abutting property and in both directions from the abutting property to the nearest cross street.

2.

Mailed or Delivered Notice. Within 5 working days after hearing date is set and no less than 21 days before the date of the public hearing, notice of the requested permit shall be mailed to the applicant and to all owners of properties which front on the same side of the public walkway as the abutting property, and which are between the abutting property and the nearest cross street in both directions. The director may also elect to give notice to other potentially affected property owners.

D.

Contents of Notice.

1.

A description of the location of the abutting property and the purpose of the application;

2.

A reference to application materials on file for detailed information;

3.

A statement that any person may, in person or by letter, register a concern in the office of the director which, when submitted prior to the date set for hearing, will cause a public hearing to be held, and stating the date of that hearing;

4.

A statement that if no concern is registered in the office of the director prior to the hearing date, no public hearing will be held unless requested by the applicant or required by the director and the decision on the requested permit will be made by the director upon the information submitted by the applicant subject to the required findings and subject to conditions of the director;

5.

A statement of whether or not applicant wishes to serve alcohol within the sidewalk dining area.

E.

Public Hearing. The director shall preside over the public hearing and receive testimony for and against an application. A public hearing may be continued without additional public notice.

F.

Decision and Notice. The director, within 10 working days of the conclusion of a public hearing or within 10 working days following the date set for hearing in the notice if no public hearing is required, shall:

1.

Make findings of fact as required by this chapter;

2.

Based on the findings, approve, partially approve or disapprove the application, or approve the application subject to conditions, including without limitation, conditions restricting the hours of sidewalk dining operation;

3.

Mail notice of the decision to the applicant and any other person requesting such notice.

(Ord. 6515 § 2 (part), 1992)