306.2

SEC. 306.2. SCHEDULING OF HEARINGS. When an action for an amendment to the Planning Code, Conditional Use, or variance has been initiated by application or otherwise, the Zoning Administrator shall set a time and place for a hearing thereon within a reasonable period. In the case of an application for a variance, such period shall not exceed 30 days from the date upon which the application is accepted for filing. When an action for an amendment to the General Plan has been initiated by the Planning Commission, the Planning Department shall set a time and place for a hearing thereon within a reasonable period. (Added by Ord. 235-68, App. 8/7/68; amended by Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 321-96, App. 8/8/96; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY Section amended; Ord. 13-26, Eff. 3/16/2026. SEC. 306.3. NOTICE OF HEARINGS. (See Interpretations related to this Section.) (a) Except as indicated in subsection (b) below, notice of the time, place and purpose of the hearing on action for an amendment to the Planning Code or General Plan, Conditional Use or a Variance shall be given by the Zoning Administrator pursuant to the requirements of Section 333 of this Code. (b) In the following situations, notice of hearings shall be given as indicated. (1) In the case of Variance applications involving a less than 10% deviation as described in Section 305(c), the Zoning Administrator need give only such notice as the Zoning Administrator deems appropriate in cases in which a hearing is actually held. (Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 321-96, App. 8/8/96; Ord. 7-00, File No. 991428, App. 1/26/2000; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019) AMENDMENT HISTORY Divisions (a), (a)(2), (a)(3), (b)(1), and (c) amended; Ord. 129-17, Eff. 7/30/2017. Division (a) amended; divisions (a)(1)-(4), (b)(2)-(b)(3), and (c) deleted; Ord. 179-18, Oper. 1/1/2019. SEC. 306.4. CONDUCT OF HEARINGS. (a) Reports and Recommendations. In all actions for amendments to the Planning Code or General Plan or conditional uses, the Zoning Administrator or the Planning Department shall make necessary investigations and studies and submit the findings to the Director of Planning prior to the hearing of the Planning Commission, or in actions on conditional use applications in NC Districts, prior to the consent calendar or public hearing of the Commission. The report and recommendation of the Director of Planning shall be submitted at least one week prior to the hearing. (b) Record. A record shall be kept of the pertinent information presented at the hearing on any action for an amendment, conditional use or variance, and such record shall be maintained as a part of the permanent public records of the Planning Department. A verbatim record may be made if permitted or ordered by the Planning Commission in the case of actions for amendments or conditional uses, and by the Zoning Administrator in the case of variance actions. (c) Continuations. The Planning Commission in the case of actions for amendments or conditional uses, and the Zoning Administrator in the case of variance actions, shall determine the instances in which cases scheduled for hearing may be continued or taken under advisement. In such cases, new notice need not be given of the further hearing date, provided such date is announced at the scheduled hearing. (d) Decision. The decision of the Planning Commission or the Zoning Administrator shall be in accordance with the provisions for each type of case in Sections 302 through 305 and 340. (1) In the case of variances, the decision of the Zoning Administrator shall, unless deferred upon the request or consent of the applicant, be rendered within 60 days from the date of conclusion of the hearing or, where no hearing is involved, within 60 days from the date of filing; failure of the Zoning Administrator to act within the prescribed time shall entitle the applicant to cause the matter to be placed before the Planning Commission for decision at its next following regular meeting. (2) In the case of actions for amendments to the Planning Code or conditional uses, the decision of the Planning Commission shall be rendered within 90 days from the date of conclusion of the hearing; failure of the Commission to act within the prescribed time shall be deemed to constitute disapproval.