Gainesville › Unified Land Development Code

Article 18 — Applications and Procedures, Chapter 18-9 — PROCEDURES FOR PUBLIC HEARINGS

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗11 sections · full chapter

§ 18-9-1

Applicability

Any public hearing required by this Article shall be called and convened at the scheduled time and place, and it shall be conducted in accordance with the procedures of this Chapter. For purposes of this Chapter, the term “hearing body” shall refer to the Governing Body, the Planning and Appeals Board, and the Historic Preservation Commission. Nothing contained in this Chapter shall be construed as prohibiting a presiding official or hearing body from conducting a public hearing in a fair, orderly, and decorous manner.

§ 18-9-2

Presiding Official

The presiding officer shall preside over the public hearing as follows:

(a)Governing Body. In the case of a Governing Body, the Mayor shall have authority to preside but may delegate the presiding official’s duties to the City Attorney. In the absence of the Mayor, the Mayor Pro Tempore shall have authority to preside but may delegate the presiding official’s duties to the City Attorney. In the absence of both the Mayor and Mayor Pro Tempore, another member of the Governing Body shall have authority to preside but may delegate the presiding official’s duties to the City Attorney.

(b)Planning and Appeals Board. In the case of the Planning and Appeals Board, the chairperson of said Board shall preside, or in the absence of the chairperson, the vice chairperson if designated, or if neither is present to preside, another member of the Board shall be designated to preside.

(c)Historic Preservation Commission. In the case of the Historic Preservation Commission, the chairperson of said Commission shall preside, or in the absence of the chairperson, the vice chairperson if designated, or if neither is present to preside, another member of the Commission shall be designated to preside.

§ 18-9-3

Opening of Public Hearing

The presiding official shall indicate that a public hearing has been called on one or more applications made pursuant to this Article, shall summarize the processes required by this Chapter, and shall open the public hearing. Thereupon, the presiding official shall call the first case and the hearing body shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the hearing body; provided, however, that the presiding officer may at his or her discretion call and consider more than one application simultaneously when more than one application involves the same piece of property, and when proceedings would be efficiently completed by combining separately required public hearings and discussing more than one scheduled matter as a single group of applications.

§ 18-9-4

Report of Director

Upon opening the public hearing, the presiding official shall, unless he or she elects to summarize and present information about the application personally, recognize the Director or their designee of the Community and Economic Development Department, who shall provide a summary of the application and present any recommendations or results of investigations. In the case of public hearings before a Governing Body, unless a member of the Planning and Appeals Board or Historic Preservation Commission is present and is authorized and willing to speak for the Board on the subject application, the Director or their designee shall also summarize the recommendations made by the Planning and Appeals Board or Historic Preservation Commission. Any member of the hearing body upon recognition by the presiding official may ask questions of the Director or their designee or other city official, Planning and Appeals Board, or Historic Preservation Commission representative providing the report or recommendations.

§ 18-9-5

Applicant

(a)When an individual application comes up for hearing, the presiding official may ask for a show of hands of those persons who wish to appear in support of the application.

If it appears that the number of persons wishing to appear in support of the application is in excess of that which may reasonably be heard, the presiding official may request that a spokesperson for the group be chosen to make presentations.

Following the report of the Director or designee, the presiding official shall recognize the applicant or his or her agent, spokesperson, or each of them, who shall present and explain the application.

(b)There shall be a minimum time period of 10 minutes per application at the public hearing for the proponents to present data, evidence, and opinions; the hearing body shall not be obligated to provide the full ten-minute period to the proponents if they elect not to use that much time. Any member of the hearing body upon recognition by the presiding official may ask questions of the applicant or agent of the applicant, or both. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

§ 18-9-6

Public

(a)At the conclusion of the applicant’s presentation, the presiding official shall initiate the public comment portion of the public hearing. When an individual application comes up for review, the presiding official may ask for a show of hands of those persons who wish to ask questions, make comments, and/or appear in opposition to the application. If it appears that the number of persons wishing to ask questions, make comments, or appear in opposition to the application is in excess of that which may reasonably be heard, the presiding official may request that a spokesperson for the group be chosen to make presentations and ask questions, or appear in opposition. There shall be a minimum time period of 10 minutes per application at the public hearing for the opponents to present data, evidence, and opinions and ask questions; the hearing body shall not be obligated to provide the full allotted time per application to the opponents if they elect not to use that much time.

(b)Prior to speaking, each speaker will identify him or herself and state his or her current address. Each speaker shall speak only to the merits of the proposed application under consideration and shall address his or her remarks only to the hearing body.

Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding official may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this procedure.

(c)The hearing body will consider the questions raised during the public portion of the hearing and may elect to answer questions following the speakers, or it may defer questions to the applicant to be answered during rebuttal. Any member of the hearing body upon recognition by the presiding official may ask questions of a member of the public giving testimony. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

§ 18-9-7

Applicant’s Rebuttal

(a)At the conclusion of public testimony, or upon the expiration of time allotted for public testimony, the applicant or his or her agent, or both, shall be allowed a short opportunity for answer questions, rebut the testimony of the public, and provide final comments and remarks. The time devoted to any such rebuttal shall be counted toward the total 10 minutes allotted to the applicant if a time limit is set by the presiding official.

(b)Any member of the hearing body upon recognition by the presiding official may ask questions of the applicant, his or her agent, or both. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

§ 18-9-8

Close of Hearing

After the foregoing procedures have been completed, the presiding official will indicate that the public hearing is closed. Upon the closing of the public hearing, the applicant or his agent and any member of the public shall no longer address the hearing body in any way, including hand waving or motions for attention; provided, however, that at any time considered appropriate the presiding official may reopen the public hearing for a limited time and purpose.

§ 18-9-9

Decision

(a)After the public hearing is closed, the hearing body may either vote upon the application or may delay its vote to a subsequent meeting, subject to the limitations of this Article, provided that notice of the time, date and location when such application will be further considered shall be announced at the meeting during which the public hearing is held.

(b)After hearing evidence, in making a decision, the hearing body shall apply the evidence to the criteria specified in this Article, as appropriate given the type of application. It will not be required that the hearing body consider every criterion given the type of application. It shall be the duty of the applicant to carry the burden of proof that approval of the proposed application will promote the public health, safety, morality or general welfare.

(c)If the hearing body determines from the evidence presented by the applicant has shown that the proposed application promotes the health, safety, morals, and general welfare under applicable criteria, then the application shall be granted, subject to those reasonable conditions as may be imposed by the hearing body on its own initiative or as may be recommended by the Planning and Appeals Board or the Director. Otherwise, such application shall be denied. In cases where one or more companion applications are submitted and the Governing Body attaches conditions to the application, such conditions shall unless otherwise specifically stated otherwise become conditions of approval for each companion application.

§ 18-9-10

Planning and Appeals Board Special Provisions

In the case of the Planning and Appeals Board, the following provisions shall apply to its decision making:

(a)A total of four Planning and Appeals Board members present shall constitute a quorum. A majority vote of quorum shall be necessary to approve any decision or recommendation.

(b)If a motion to recommend approval of an application fails, the application is automatically recommended for denial. If a motion to recommend denial of an application fails, another motion would be in order.

(c)A tie vote on a motion to recommend approval of an application shall be deemed a recommendation for denial of the application. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

(d)If no action is taken on an application, it will go forward to the Governing Body with no recommendation.

§ 18-9-11

Historic Preservation Commission Special Provisions

In the case of the Historic Preservation Commission, the following provisions shall apply to its decision making:

(a)A motion to recommend approval or denial of a designation application, or a motion to approve or deny a Certificate of Appropriateness, must be approved by an affirmative vote of at least three members for the motion to be approved.

(b)A recommendation to approve or deny a proposed ordinance for designation shall be made by the Historic Preservation Commission following the public hearing, and shall be in the form of an ordinance to the Governing Body.

(c)The Historic Preservation Commission shall hold a public hearing and act upon all proposed Certificates of Appropriateness within 45 days of receipt of a complete application. Should a request for a Certificate of Appropriateness be tabled, the 45 day period will start over to allow time for the applicant to modify an application for a Certificate of Appropriateness. Failure of the Historic Preservation Commission to act within said 45 days shall constitute approval, and no other evidence of approval shall be needed. This deadline may be extended with consent of the applicant should a request for a Certificate of Appropriateness be tabled. The new deadline shall be determined as part of the motion and vote tabling the request for a Certificate of Appropriateness.