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(98-al <br />1. Applicant to issue notice of aoolication. <br />Under §1597.46(3)(State law), notice is provided by the public entity (Zoning <br />Administrator). The City's ordinance requires the applicant to provide the <br />notice. This difference is significant. The City has attempted to delegate its <br />own duV ;o afford due process (the giving of notice) to the applicant (who has <br />no due process obligation). Assuming all other State statutory conditions are <br />met by an applicant, the failure of the applicant to have given prior notice <br />(under the City's ordinance) would be cause for the Zoning Administrator to <br />not issue the permit. Thus, this City- imposed condition precedent serves as <br />an additional restriction upon the applicant's ability to obtain a non - <br />discretionary permit which is affirmatively prohibited by State law. <br />2. Ten (10) day prior notice. <br />Under both section 1597.46(3) (State law) and the City's ordinance, prior <br />notice is required. Assuming all other State statutory conditions are met by <br />an applicant, the failure of the applicant to provide ten (10) days prior notice <br />(under the City's ordinance) would be cause for the Zoning Administrator to <br />not issue the permit. Thus, this City- imposed condition precedent serves as <br />an additional restriction upon the applicant's ability to obtain a non - <br />discretionary permit which is affirmatively prohibited by State law (section <br />1597.40). Further, as the City's ordinance does not afford any opportunity to <br />be heard before the Zoning Administrator makes a determination, any prior <br />notice requirement becomes legally meaningless. <br />3. Notice to orooerty owners within 100 feet of the facilitv. <br />This provision is the same in both section 1597.46(3) (State law) and the <br />City's ordinance. Assuming all other State statutory conditions are met by an <br />applicant, the failure of the applicant to give notice to persons within 100 feet <br />(under the City's ordinance) would be cause for the Zoning Administrator to <br />not issue the permit. Thus, this City- imposed condition precedent serves as <br />an additional restriction upon the applicant's ability to obtain a non - <br />discretionary permit which is affirmatively prohibited by State law. <br />4. ADolicant to provide Proof of Notification. <br />This is solely a requirement of the City's ordinance. Assuming all other State <br />statutory conditions are met by an applicant, the failure of the applicant to <br />present Proof of Notification would be cause for the Zoning Administrator to <br />not issue the permit. Thus, this City- imposed condition precedent serves as <br />an additional restriction upon the applicant's ability to obtain a non - <br />discretionary permit which is affirmatively prohibited by State law. <br />5. Anneal of Zonina Administrator's decision to the Citv Council. <br />While this provision is the same in both section 1597.46(3) (State law) and <br />the City's ordinance, from a legal perspective, the appeal before the City <br />Council would be fundamentally different. In any appeal under the State law <br />provision, the City Council would have a complete administrative record to <br />