The purpose of this chapter is to establish procedures for finding the facts necessary to make a non-discretionary determination.

An application for a determination may be filed with the Planning Director by a property owner, purchaser of property, lessee, authorized agent, or the Council.

The Planning Commission shall sit as a fact-finding body on the following:

A.    A determination of non-conforming use status under CDC 65.050(B).

B.    A determination of non-conforming structures status under CDC 66.040(B).

C.    A determination of a non-conforming use of land status under CDC 67.030(B).

D.    A determination of lot of record status under CDC 68.030(B).

A.    Notice shall be as provided by CDC 99.080(B).

B.    The contents of the notice shall be as provided by CDC 99.090.

C.    The mechanics of giving notice shall be as provided in CDC 99.100.

A.    The hearing shall be limited to ascertaining the relevant facts required to make a determination.

B.    The hearing shall be conducted in the manner set forth in CDC 99.170(A) and (C).

A.    The determination shall include:

1.    A statement of the applicable standard;

2.    A statement of the facts found to be relevant and true;

3.    An analysis relating the facts to the standards; and

4.    A determination.

B.    The fact-finding body shall be impartial and each member shall act in accordance with the provisions of CDC 99.110.

C.    An affirmative vote of a majority of the qualified voting members is required for a determination.

D.    The record shall be as provided by CDC 99.220.

E.    The effective date of the determination shall be as provided by CDC 99.230.

F.    Notice of the final determination shall be given in the manner set forth in CDC 99.130.

A.    Any person shall be considered a party and thus have standing if the requirements of CDC 99.140 are satisfied.

B.    Any party to the decision may file a petition for review provided:

1.    The notice of review is filed within 14 days of mailing the notice of final determination. The time computation shall be as provided by CDC 99.230; and

2.    The notice of review is prepared and submitted in accordance with the provisions of CDC 99.250.

C.    Notice of the hearing on the petition of review shall be given in the manner set forth in CDC 103.050.

A.    Review by the Council shall be as provided by CDC 99.280.

B.    Action on the petition shall be as provided by CDC 99.290.

C.    Voting shall be as provided in CDC 99.300.

D.    The final order or final determination shall become effective as provided in CDC 99.230.

A fact-finding body may revoke its final determination upon finding any of the factors set forth in CDC 99.330.