Commission recommends changes to public‑hearing and appeals procedures for preexisting structures

On April 10, 2025, the Planning and Zoning Commission adopted Planning and Zoning Resolution 25‑09R, recommending that the Assembly adopt Ordinance 25‑03 to revise public hearing and appeals procedures under Titles 19 and 20.

Commissioners clarified that the resolution is a recommendation to the Assembly, which already completed a first reading and will hold a separate public hearing with newspaper notice before any code change is adopted. The substantive change described in the meeting record would require a public hearing when an applicant requests an exemption for a preexisting structure built before Oct. 1, 2024; previously, the burden of proof for certain elements rested on appearance at conditional use permit or variance hearings. Under the revision discussed, an approved exemption would become transferable with the property and would act as the burden of proof for a setback exemption tied to the preexisting structure.

Commission discussion focused on procedural clarifications rather than substantive policy debate; one commissioner noted that the commission had spent significant time reviewing the item. The commission approved Resolution 25‑09R by roll call (recorded votes: Out call yes; Kern yes; Michelle Silva yes; Maybe yes), producing four recorded yes votes and no recorded opposition. The recommendation will be forwarded to the Assembly for the required public hearing and further action.