Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 3: - UNIVERSAL PROCEDURES DIVISION 3: - PUBLIC HEARINGS tit FIS tiN 3 P11B1 ti 11EAR11 t' ;,„ Section 1...3...3 „1 ,,. PulbIllic III °le airiiiing (a) Setting of the Hearing. When the responsible official determines that a development application is complete and that a public hearing is required by this Land Development Code, the official shall consult with the secretary of the body required to conduct the hearing and shall select a place and a time certain for the hearing, and shall cause notice of such hearing to be prepared and made under Section 1.3.2.1. The time set for the hearing shall conform to the time periods required by this Code. (b) Conduct of Hearing. Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state his or her name, address, and if appearing on behalf of an organization, state the name and mailing address of the organization for the record. (1) The responsible official shall first present a description of the proposed development and a written or oral recommendation, if required. The official's written recommendation, if any, shall be available to the applicant at the time that the agenda packet for the body conducting the hearing is compiled. (2) The applicant shall present any information it deems appropriate. (3) Public testimony shall be heard first in favor of the proposal, then in opposition to it. (4) At the discretion of the chairperson, the responsible official and the applicant may respond to any statement by any witness. (5) The body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. At the sole discretion of the chairperson of the body conducting the hearing, a witness may be permitted to pose relevant questions to staff, the applicant or another witness, as directed by the chairperson. (c) Record of Proceedings. The body conducting the hearing shall record the proceedings by any appropriate means. (d) Continuance of Proceedings. The body conducting the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time and place. No notice shall be required if a hearing is continued. If a public hearing is closed, no further public testimony shall be taken. (e) Additional Rules. The body conducting the hearing may adopt rules of procedure to limit the number of applications for development approval which may be considered per meeting and the time for each presentation, and may apply such additional rules to govern the public hearing which are not inconsistent with this Section. (f) Joint Public Hearing. Unless otherwise prescribed in this Land Development Code, whenever a petition for a legislative decision or a development application must be preceded by a public hearing both before an advisory body and before the City Council, the advisory body and the Council may conduct a joint public hearing and take action on the petition or application in the following manner: (1) The Council shall establish the date of the joint public hearing by motion at a regular or special meeting; (2) The Council shall cause notice of the joint public hearing to be provided as required by this Land Development Code, or, by a vote of two - thirds of its members, may prescribe a different type of notice for the joint public hearing; (3) The advisory body and the Council shall be convened for the hearing and for any action to be taken on the petition or application; (4) The advisory body and the Council may take action on the petition or application at the same meeting, provided that the Council shall not take action until the report and recommendation of the advisory body has been received. San Marcos, Texas, Code of Ordinances Page 27