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(A) Upon filing with or adoption by the Planning Commission of any such application or resolution, the Planning Commission shall hold a public hearing thereon and such additional public hearings as the Planning Commission deems necessary.
(B) The Planning Commission or its Secretary shall set the time and place for the hearing, which shall be held within 40 days following the filing with, or adoption by, the Planning Commission of the application or resolution.
(Prior Code, § 17.02.040) (Ord. 352, passed - -1973)
(A) At the time of filing of the verified application mentioned in § 17.004.030(A), the applicant shall pay to the Clerk a filing fee in accordance with the schedule of fees fixed and adopted from time to time by resolution of the Town Council.
(B) No part of any fee paid shall be refunded. The application shall be accompanied by maps, drawings, plot plans and such other information as may be required from time to time by resolution of the Planning Commission or the Town Council.
(Prior Code, § 17.02.050) (Ord. 352, passed - -1973; Am. Ord. 443, passed - -1978)
(A) For the purpose of this section, any amendment of this title which affects the permitted uses of real property shall be referred to as a “zone change amendment” and any other amendment to this title shall be referred to as a “general amendment.”
(B) Any amendment which is a zone change amendment shall be noticed in the manner provided in § 17.004.070.
(C) Any general amendment which does not involve a zone change amendment shall be noticed in the manner provided in § 17.004.080 of this chapter.
(Prior Code, § 17.02.060) (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994)
Notice of the time and place of any public hearing on the matter of a zone change amendment to this title shall be given in all of the following ways.
(A) Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or to the owner’s duly authorized agent and to the project applicant.
(B) Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
(C) (1) Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property, as shown on the last equalized assessment roll, and to renters within 300 feet of the real property that is the subject of the hearing. The subject property shall be posted by the applicant in a manner described in the Town of Fairfax submittal packet at least 10 days prior to the public hearing.
(2) In lieu of utilizing the assessment roll, the town may utilize records of the County Assessor or Tax Collector which contain more recent information than the assessment roll.
(D) Notice of the hearing shall be posted at least ten days prior to the hearing in at least three public places within the Town of Fairfax, including one public place in the area directly affected by the proceeding.
(Prior Code, § 17.02.070) (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994; Am. Ord. 716, passed 9-6-2006)
Notice of the time and place of any public hearing on the matter of a general amendment to this title shall be given by posting the same at least ten days prior to the hearing in at least three public places within the Town of Fairfax.
(Prior Code, § 17.02.080) (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994)
(A) The notice shall include the date, time and place of the public hearing, the identity of the hearing body, or officer, a general explanation of the matter to be considered and a general description, in text or by diagram, of the location of the property, if any, that is the subject of the hearing.
(B) The notice of hearing shall contain a statement substantially as follows:
“If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the (public entity conducting the hearing) at, or prior to, the public hearing.”
(Prior Code, § 17.02.085) (Ord. 628, passed - -1994)
(A) The public hearing shall be held at the time and place for which set and noticed.
(B) Any hearing may be continued by the majority of members present at any hearing, who may fix a time and place to which the hearing may be continued, even in the absence of a quorum, in which case the presiding officer at the hearing shall publicly announce, prior to the conclusion of the hearing, the time and place to which the hearing is to be continued, and no further notice shall be required.
(C) A majority in number of the total voting membership of the Planning Commission shall constitute a legal quorum for the purpose of conducting the hearing.
(D) The recommendation of any amendment to this title shall be by resolution of the Planning Commission, carried by the affirmative vote of not less than two-thirds of its total voting membership.
(E) The Planning Commission shall have authority to establish any reasonable rules of procedure for the conduct of the hearings. The Planning Commission may require any person who is to testify before it to be placed under oath, in which case the member presiding at the hearing shall be empowered to administer the oath.
(F) The Planning Commission may cause the investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. The investigation may be made by one or more members of the Planning Commission or by members of its staff or its agents or employees. The facts established by the investigation may be submitted to the Planning Commission, in writing, to be filed with the records of the matter, or may be presented in testimony before the Planning Commission, and may be considered by the Planning Commission in making its decision.
(G) The Planning Commission shall cause a written summary of all pertinent testimony heard at the public hearing, together with a record of the names and addresses of all persons testifying, to be prepared and filed with the papers relating to the matter.
(Prior Code, § 17.02.090) (Ord. 352, passed - -1973)
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