§ 1440. Decision.

(a)

Time frame. Within 65 calendar days of the date of its public hearing, the board of adjustment shall render a decision on the application for special exception. This time limit may be extended if the applicant consents to extend the time frame.

(b)

Decision.

1.

The board of adjustment may approve or disapprove the proposed special exception, or it may approve the application with conditions.

2.

The board of adjustment shall consider information supplied by the applicant and the public development department prior to making a decision.

3.

The decision of the board shall be based on findings.

4.

If the board of adjustment's proposed action on the special exception is consistent with the findings in the staff report prepared by the public development department, the board of adjustment may rely on the findings in the staff report, without the need to adopt any additional findings. In such instance, the motion shall be worded as follows: "I make a motion to approve [or deny] the application for special exception based on the findings adopted in the staff report for the application."

5.

If the board of adjustment's proposed action on the special exception is contrary to the findings in the staff report prepared by the public development department, the board of adjustment shall adopt its own findings to support its decision. In such instance, the board shall take one of the following actions prior to acting on a motion: adopt its own findings of fact; or request that the representative of the public development department articulate findings to support the proposed action; or recess to allow the board members or the public development department to articulate findings to support the proposed action; or continue the meeting to a later date certain to give the board and/or department time to articulate findings to support the proposed action.

(Ord. No. 17-003 , § 1, 10-2-2017)