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Resolution 2020-38
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Resolution 2020-38
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Last modified
5/7/2024 3:12:03 PM
Creation date
6/3/2020 9:49:27 AM
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Template:
City Council Records
Also Known As (aka)
Electronic participation procedures amended for Quasi-Judicial Hearings at meetings
Meeting Date
5/26/2020
Doc Type
Resolution
Signed Date
6/2/2020
Ord/Res - Year
2020
Ord/Res - Number
38
Original Hardcopy Storage
9C5
Quality Check
7/1/2020
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2. Land use applications the final decision regarding which is subject to <br />referendum: Public hearings before all Appointed Bodies may be held by Electronic <br />Participation, but City Council hearings must be held at an in -person meeting. These <br />types of applications include, but are not limited to, zoning and rezoning applications, <br />including applications for General Development Plans and amendments thereto. <br />3. Historic Preservation applications. These types of applications include, <br />but are not limited to, landmark designations, landmark alteration certificates, and <br />demolition reviews. <br />4. New license applications and applications for renewals of existing licenses <br />where a public hearing is required or ordered by the applicable licensing authority. <br />These types of applications include, but are not limited to, liquor license applications, <br />medical marijuana license applications, and retail marijuana license applications. <br />B. Applicant's Written Request. For any application set forth in Section A, above, a <br />written request for a hearing by Electronic Participation shall be made by the applicant on a form <br />provided by the City. The applicant shall acknowledge that holding a quasi-judicial hearing by <br />Electronic Participation presents certain legal risks and involves an area of legal uncertainty, and <br />the applicant shall agree that moving forward with a quasi-judicial hearing by Electronic <br />Participation shall be at their own risk. Applicants requesting a hearing by Electronic <br />Participation pursuant to Section A.1 or A.2 above shall additionally agree to defend and <br />indemnify the City in any action that may arise out of, or in connection with, conducting the <br />hearing by Electronic Participation; if such is not provided, no public hearing will be held until <br />in -person meetings have resumed and the applicant will be deemed to have consented to a delay <br />in the holding of a public hearing. <br />C. Notice Requirements. <br />1. The required notice for the hearing and the agenda for the meeting <br />at which the hearing will be held shall each include information about how the <br />hearing will be conducted and how the public can access, observe, and participate <br />in the hearing. If such notice as required by the Louisville Municipal Code or <br />otherwise by law has already been provided for a hearing to be held in person, <br />such additional notice shall be given as to reasonably inform interested persons <br />that such hearing will instead be held by Electronic Participation; provided, <br />however, this additional notice shall not be deemed jurisdictional. <br />2. The notice shall advise that relevant documents will be made <br />available online and that any interested party may contact the City Clerk to <br />receive a paper copy if unable to access the online documents. Interested parties <br />will be encouraged to submit written comments in advance of the hearing, which <br />comments will be made a part of the record of the hearing. <br />Resolution No. 38, Series 2020 <br />Page 3 of 5 <br />
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