Title 18 - Unified Development Ordinance

18.140.110 Continuances

1. A.
   Continuance Requests.

   1. 1.
      When requesting a continuance, an applicant (or authorized agent) shall provide a written request to the Director (or designee) outlining the specific need for the continuance and identifying the dates when the application will be ready for consideration.
   2. 2.
      The Planning Commission, Board of Zoning Appeals or Governing Body may grant a continuance of an application at any time for good cause shown. The record shall indicate the reason the continuance was made and any stipulations or conditions of the continuance.
   3. 3.
      All motions for a continuance shall state the date on which the matter will be heard. A majority vote of those members present and voting at the meeting is required to grant a continuance.
   4. 4.
      When a continuance request is approved, the applicant shall change the posting on the property to reflect the new hearing or consideration date, and shall make every feasible attempt to timely notify all parties initially entitled to notice and any additional interested parties (as determined by the Director) of the approved continuation by means of U.S. mail, phone, e-mail or hand-delivered notice. In addition, the Planning Commission, Board of Zoning Appeals or Governing Body may direct the applicant to send written notice of the new date to all parties initially entitled to notice in the same manner and with the same time schedule as required for the original hearing, and may direct the staff to publish the new date in the official City newspaper.
2. B.
   Planning Commission / Board of Zoning Appeals.  For applications before the Planning Commission or Board of Zoning Appeals:

   1. 1.
      An applicant shall have the right to one continuance of a public hearing, provided a written request is submitted to the Director by the end of business on the Thursday prior to the scheduled hearing before the Planning Commission or Board of Zoning Appeals.
   2. 2.
      The Director shall have the discretion to approve a second or third continuance to serve the public interest when necessary revisions to the plan, new or missing information or other good cause make consideration of an application premature, provided, a written request is submitted to the Director by the end of business on the Thursday prior to the scheduled hearing before the Planning Commission or Board of Zoning Appeals.
   3. 3.
      Continuance requests that are either (i) not approved by the Director, (ii) made after the above-prescribed deadlines, or (iii) made after a third continuance, must be made in person to the Planning Commission or Board of Zoning Appeals. After review of the progress on the application, the Commission or Board may, at its discretion, continue the item to a date certain or deny the continuance request. If the applicant is not ready to proceed after a denial of the continuance, the item will be deemed withdrawn.
   4. 4.
      At any time when there has been a lack of proper notice as required by this Chapter, or when otherwise appropriate to serve the public interest, the Director shall recommend approval of a continuance.
   5. 5.
      In cases when the applicant has failed to reasonably stay in contact with city staff and has failed to make progress in the application for a period in excess of 60 days, the Director, in the Director’s reasonable discretion, may deem the item withdrawn.
3. C.
   Governing Body.  For planning or zoning recommendation submitted to the Governing Body:

   1. 1.
      An applicant shall have the right to one continuance, provided a written request is submitted to the Director by the end of business on the Thursday prior to the scheduled meeting for the Governing Body’s consideration. In such event, the matter shall be continued to the first meeting of the following month when the Governing Body regularly considers planning matters, unless the Governing Body otherwise specifically sets an alternative date.
   2. 2.
      Except as provided in C.1., continuance requests must be made in person to the Governing Body, which, after the review of the progress on the application, may, at its discretion, continue the item to a date certain or deny the continuance request.

(History: Ord. ZRR-3420, §1, 2023; Ord. ZRR-2787 §1, 2009; ZRR-2454 §2, 2003; ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901