§ 302.

PLANNING CODE AMENDMENTS

a.

General. Whenever the public necessity, convenience and general welfare require, the Board of Supervisors may, by ordinance, amend any part of this Code. Such amendments may include reclassifications of property (changes in the Zoning Map), changes in the text of the Code, or establishment, abolition or modification of a setback line. The procedures for amendments to the Planning Code shall be as specified in this Section and in Sections 306 through 306.6.

b.

Initiation. An amendment to the Planning Code may be initiated by introduction by a member of the Board of Supervisors of a proposed ordinance approved as to form by the City Attorney, or by a resolution of intention by the Planning Commission, or by application of one or more interested property owners, residents or commercial lessees or their authorized agents. Upon the introduction of an ordinance, the Clerk of the Board of Supervisors shall transmit the proposed ordinance to the Planning Commission. A resolution of intention adopted by the Planning Commission shall refer to, and incorporate by reference, a proposed ordinance approved as to form by the City Attorney. An “interested property owner” is hereby defined, for the purposes of this Section, as an owner of real property, a resident or a commercial lessee, that is either within the area included in the application or within a distance of 300 feet of the exterior boundaries of such area, or at a greater distance therefrom upon a showing that such property is influenced by development currently permitted by this Code within the area.

c.

Determination. The Planning Commission shall hold a hearing on the proposed amendment to the Planning Code. If, following its hearing, the Planning Commission finds from the facts presented that the public necessity, convenience and general welfare require the proposed amendment or any part thereof, it shall approve such amendment or part, and otherwise it shall disapprove the same. If approved by the Planning Commission in whole or in part, the proposed amendment or part shall be presented to the Board of Supervisors, together with a copy of the resolution of approval, and the Board of Supervisors may adopt such amendment or part by a majority vote. Disapproval of the proposed amendment or part by the Planning Commission shall have the following effect, depending upon the type of amendment involved:

1.

A proposed amendment to the Planning Code or part that had been introduced by a member of the Board of Supervisors to change the text of the Code or the Zoning Map shall be presented to said Board, together with a copy of the resolution of disapproval, and said amendment or part may be adopted by said Board by a majority vote.

2.

In all other cases, the disapproval of the Planning Commission shall be final, except upon the filing of a valid appeal to the Board of Supervisors as provided in Section 308.1.

d.

Referral of Proposed Text Amendments to the Planning Code Back to Planning Commission. In acting upon any proposed amendment to the text of the Code, the Board of Supervisors may modify said amendment but shall not take final action upon any material modification that has not been approved or disapproved by the Planning Commission. Should the Board adopt a motion proposing to modify the amendment while it is before said Board, said amendment and the motion proposing modification shall be referred back to the Planning Commission for its consideration. In all such cases of referral back, the amendment and the proposed modification shall be heard by the Planning Commission according to the requirements for a new proposal, except that newspaper notice required under Section 306.3 need be given only 10 days prior to the date of the hearing. The motion proposing modification shall refer to, and incorporate by reference, a proposed amendment approved by the City Attorney as to form.

History

(Amended by Ord. 210-84, App. 5/4/84; Ord. 42-87, App. 2/20/87; Ord. 180-95, App. 6/2/95; Ord. 321-96, App. 8/8/96)

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