Item 30 - Zoning Ordinance Amendment – 2nd Reading

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Ordinance No. NS-XXX Page 6 of 10 detrimental to the public health, welfare, or safety or so as to constitute a nuisance. The person whose conditional use permit, variance, minor exception permit, or other land use entitlement has been revoked by the planning commission may appeal the decision of the planning commission in writing to the city council within ten (10) days after such decision by the planning commission. The city council, after public hearing, may affirm, reverse, change or modify the original decision of the planning commission. In the event a conditional use permit, variance, minor exception permit, or other land use entitlement has been revoked and said revocation is in effect, an application for another conditional use permit, variance, minor exception permit, or other land use entitlement of the same or substantially similar use or scope may not be filed for at least twelve (12) consecutive months from the date of revocation. Section 9. Section 41-663 (Notices) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-663. - Notices. Following the receipt in proper form of any such application, the director of planning shall fix a time and place of public hearing thereon. The date of such public hearing and location of the property and nature of the request shall be given in a manner consistent with Section 2-153 of this Code. Section 10. Section 41-672 (Hearing) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-672. - Hearing. (a) Except as provided in subsection (c) of this section, whenever approval of plans for a development project will constitute a substantial or significant deprivation of property rights of other landowners, the director of planning and development services shall set the matter for public hearing pursuant to Section 2-153 of this Code. (b) Whenever a public hearing is required pursuant to subsection (a) of this section, the applicant may be required to provide the director of planning and development services with a list of the names and addresses of the property owners entitled to notice under said subsection (a). (c) If the development project requires a discretionary approval in order to proceed, and if the application for such discretionary approval requires a public hearing by the planning commission or the city council, then no hearing need be held on the development plan separate and apart from the hearing on the application for the discretionary approval; provided, however, in such event: (1) The notice of hearing on the application for the discretionary approval shall meet the requirements of subsection (a) of this section;