4.1.426 Type III – Quasi-Judicial Procedures.
A. Quasi-judicial decisions bear different aspects than Type IV legislative decisions. A request will generally be considered a quasi-judicial process if it involves the following factors:
1. The process is bound to result in a decision;
2. The decision is bound to apply preexisting criteria to concrete facts; and
3. The action is customarily directed at a closely circumscribed factual situation or small number of persons.
Although no factor is considered determinative and each must be weighed, the more definitively these factors are answered affirmatively, the more it will be considered a quasi-judicial decision.
B. Type III decisions are made by the Planning Commission or Hearings Officer after a public hearing following the quasi-judicial hearings procedures of BDC 4.1.800, except the City Council is the sole review authority for annexations. The City Council is the final decision maker in Type III development applications that require the adoption of an ordinance. [Ord. NS-2302, 2018; Ord. NS-2122, 2009; Ord. NS-2016, 2006]