(6) At its option, the Planning Commission may also conduct a further hearing prior to making
a decision on any matter heard by an appointed Hearing Examiner.
(7) Approve, disapprove and condition any application for a conditional use permit.
(8) Require the applicant to submit such information as deemed necessary for evaluation of
the application which may include information of the nature described in TTC 7.175.010(5).
[Res. 2006-196 § 1; Ord. 80 § 38.1, 1-9-1995].
7.175.040 Proceedings on conditional use permit applications.
A public hearing shall be conducted by the Planning Commission, or a Hearing Examiner
appointed by the Planning Commission, on all conditional use permit applications.
(1) Notification. Upon the filing of an application for a conditional use permit as set forth in
Chapter 7.160 TTC, the Planning Commission shall set the time and place for a public hearing
on such matter. DCD shall give published notice of the time, place and purpose of the
conditional use hearing as provided in TTC 7.175.010(6).
(2) Conduct of Hearings. The rules and conduct of hearings shall be established by the
Planning Commission, or, where a Hearing Examiner has been appointed to conduct the
hearing, by the Hearing Examiner.
(3) Record. A written nonverbatim record of the hearings held before the Planning
Commission, and before any Hearing Examiner appointed by the Planning Commission, and
of any findings, conclusions, or decision proposed by a Hearing Examiner, and/or adopted by
the Planning Commission, shall be made and kept on file at the Tribal office. Such hearings
shall also be tape recorded. The Planning Commission’s decision shall be in writing, with
written findings and conclusions.
(4) Final Orders of the Planning Commission. Decisions of the Planning Commission issuing,
conditioning or denying a conditional use permit shall be mailed on the date of issuance to the
applicant and other parties of record who have made written request for a copy of decisions,
which mailing shall be certified mail return receipt requested. The decision of the Planning
Commission shall be final and conclusive unless timely appealed to the Board of Directors
pursuant to Chapter 7.180 TTC. [Res. 2006-196 § 1; Ord. 80 § 38.2, 1-9-1995].
7.175.050 Proceedings on Comprehensive Plan and zoning ordinance amendments,
rezones, and subdivisions.
(1) Recommendation. The Planning Commission shall recommend a decision to the Board of
Directors on each rezone or subdivision application, Comprehensive Plan amendment, or
zoning ordinance amendment that it considers. Such recommendation shall be by the
affirmative vote of no less than a majority of the total members of the Planning Commission,
which recommendation shall be by a recorded motion incorporating findings of fact and
expressing the reasons for Commission action and referring expressly to the maps,
descriptive, or other matters intended by the Commission to constitute the plan, amendment,
alteration, addition, or extension thereto. The indications of approval by the Commission shall
be recorded on the map and descriptive matters by the signatures of the Chairman and
Secretary of the Commission.