SEC. 306. APPLICATIONS AND HEARINGS.
(a) General. In case of an amendment to the Planning Code or General Plan, interim control, conditional use or variance action described in Sections 302 through 305, 306.7 and 340 of
this Code, the procedures for applications and hearings shall be as described in Sections 306 through 306.7. In addition, the Zoning Administrator and the Planning Commission may from
time to time establish policies, rules and regulations which further define these procedures.
(Amended by Ord. 210-84, App. 5/4/84; Ord. 321-96, App. 8/8/96; Ord. 186-02, File No. 021418, App. 9/6/2002; Ord. 218-02, File No. 021609, App. 11/1/2002; Ord. 168-07, File No. 061537, App. 7/20/2007)
SEC. 306.1. APPLICATIONS AND FILING FEES.
(a) Who May Initiate. The persons and agencies that may file or otherwise initiate actions for amendments to the Planning Code, conditional uses and variances are indicated in
Sections 302 through 305. The persons and agencies that may file or otherwise initiate actions for amendments to the General Plan are indicated in Section 340.
(b) Where To File. Applications shall be filed in the office of the Planning Department.
(c) Content of Applications. The content of applications shall be in accordance with the policies, rules and regulations of the Planning Department, Zoning Administrator, and Planning
Commission. All applications shall be upon forms prescribed therefor, and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for
proper consideration of the case and for the permanent record. The applicant may be required to file with their application the information needed for the preparation and mailing of notices
as specified in Section 306.3, and the information required by subsection 317(j). In addition to any other information required by the Planning Department, Zoning Administrator, and
Planning Commission, an applicant for a conditional use authorization or variance who proposes a commercial use for the subject property shall disclose the name under which business
will be, or is expected to be, conducted at the subject property, if such name is known at the time of application. The term “known” shall mean actual, not imputed knowledge, and shall
consist of direct evidence including but not limited to a contract of sale, lease, or rental, or letter of intent or agreement, between the applicant and a commercial entity. If the business name
becomes known to the applicant during the conditional use permit or variance processing period, the applicant promptly shall amend the application to disclose such business name. All
applications must disclose whether there are existing residential uses and non-residential uses, and disclose the presence of any residential or non-residential tenants, located at the subject
property at the time the application is submitted.
(d) Verification. Each application filed by or on behalf of one or more property owners shall be verified by at least one such owner or their authorized agent attesting to the truth and
correctness of all facts, statements and information presented. All applications shall include the following statement: “The information contained in this application is true and complete to
the best of my knowledge, based upon diligent inquiry. This application is signed under penalty of perjury. I understand that willful or material misstatement(s) or omissions in the
application may result in the cancellation of the application and a lapse of time before the application may be resubmitted.” The Zoning Administrator may cancel any Development
Application as inaccurate and may require the applicant to re-file the application where the Zoning Administrator determines that the application includes material misstatements or
omissions; provided, however, where the material misstatements or omissions relate to the presence or number of Unauthorized Dwelling Units or tenants on the property, the Zoning
Administrator shall cancel any development application as inaccurate and shall require the applicant to re-file the application. Such cancellation shall not be considered to be a denial of the
application on its merits. Where the Zoning Administrator determines that such material misstatements or omissions were made willfully, the Zoning Administrator may require that the
applicant wait up to six months before re-filing an application for substantially the same project. The Zoning Administrator’s action in this regard may be appealed to the Board of Appeals
pursuant to Section 308.2 of this Code.
(e) Fees. Before accepting any application for filing, the Planning Department shall charge and collect a fee as specified in Article 3.5 or Article 3.5A of this Code.
(Amended by Ord. 259-81, App. 5/15/81; Ord. 321-96, App. 8/8/96; Ord. 7-00, File No. 991428, App. 1/26/2000; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026,
Oper. 1/12/2026)
AMENDMENT HISTORY
Divisions (c) and (d) amended; Ord. 170-25, Eff. 10/6/2025. Division (c) amended; Ord. 245-25, Eff. 1/12/2026.
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.