Skip to code content (skip section selection)
The position of the Zoning Examiner is established to conduct public hearings on rezoning requests on behalf of the Mayor and Council and to consider other applications as provided in the .
The Zoning Examiner serves in accordance with the following provisions.
The Zoning Examiner is appointed by the City Manager in accordance with Chapter V, Sections 2 and 13, of the City Charter.
The Zoning Examiner is appointed on the basis of a demonstrated ability to perform the duties of the office, such as training and experience relevant to the conduct of administrative and adjudicative hearings and knowledge of the principles and practices of planning. The Zoning Examiner may not hold a elective office concurrently with this position.
The Zoning Examiner serves at the pleasure of the City Manager. The City Manager may designate a qualified as a temporary Zoning Examiner whenever the Zoning Examiner is unable to perform the duties of the office due to illness, potential conflict of interest, or similar reason.
B. Administrative Functions
The administrative functions necessary to discharge the duties and responsibilities of the Zoning Examiner are assigned to the Zoning Examiner, the City Clerk, and the Planning and Development Services Department (PDSD), as provided in the Zoning Examiner’s Rules and Procedures. Copies of such rules and procedures shall be available to the public through the PDSD.
C. Powers and Duties
The Zoning Examiner shall perform the following duties.
The Zoning Examiner conducts public hearings on applications to property and makes recommendations to the Mayor and Council in accordance with Section 3.5, Rezoning (Change of Zoning) Procedure.
2. Special Exception
The Zoning Examiner conducts public hearings on certain special exception and, depending upon the applicable procedure, makes decisions, or provides recommendations to the Mayor and Council in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure.
3. Expansion of
4. Substitution of
The Zoning Examiner hears and decides requests to substitute a for an existing nonconforming , when the proposed substitution is from a class that is different from the one to which the existing belongs in accordance with procedures in Section 3.4.3, Zoning Examiner Special Exception Procedure, and the standards in Section 9.2.4, Substitution with a Use from Different Class.
5. Other Responsibilities
The Zoning Examiner shall perform such other functions as may be required by the City Manager or the .
D. Authority and Conduct of the Zoning Examiner
1. The Zoning Examiner may obtain information from all parties, including PDSD review agencies, prior to the public hearing, provided all requests for information are in writing and the request and information are included as part of the public record. The Zoning Examiner may, after the close of the public hearing, obtain additional information or clarify information presented and of record at the hearing provided the request for additional information or clarification is requested in writing and such request and information are included as part of the record.
2. The Zoning Examiner may not communicate, directly or indirectly, with any or ’s representative in connection with any issue involved with a particular request, except upon notice and opportunity for all parties to participate; use or rely upon any communication, report, staff memorandum, or other material prepared in connection with the particular case, unless it is made a part of the record; or inspect the with any or ’s representative, unless all parties are given an opportunity to be present.