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Item 53 - Zoning Ordinance Amendment (ZOA) No. 2023-01
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Item 53 - Zoning Ordinance Amendment (ZOA) No. 2023-01
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
53
Date
6/6/2023
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Ordinance No. NS-XXX <br />Page 6 of 10 <br />violation of any statute, ordinance, law or regulation not excused by the <br />conditional use permit, variance, or minor exception permit. <br /> <br />(3) That the use permitted by the conditional use permit, variance, or minor <br />exception permit, or other land use entitlement is being or has been so exercised <br />as to be detrimental to the public health, welfare, or safety or so as to constitute a <br />nuisance. <br /> <br />The person whose conditional use permit, variance, or minor exception permit, or other <br />land use entitlement has been revoked by the planning commission may appeal the <br />decision of the planning commission in writing to the city council within ten (10) days <br />after such decision by the planning commission. The city council, after public hearing, <br />may affirm, reverse, change or modify the original decision of the planning commission. <br />In the event a conditional use permit, variance, minor exception permit, or other land <br />use entitlement has been revoked and said revocation is in effect, an application for <br />another conditional use permit, variance, minor exception permit, or other land use <br />entitlement of the same or substantially similar use or scope may not be filed for at least <br />twelve (12) consecutive months from the date of revocation. <br /> <br />Section 9. Section 41-663 (Notices) of Chapter 41 of the SAMC is hereby <br />amended to read as follows: <br /> <br /> Sec. 41-663. - Notices. <br /> <br />Following the receipt in proper form of any such application, the director of planning <br />shall fix a time and place of public hearing thereon. The date of such public hearing and <br />location of the property and nature of the request shall be given in a manner consistent <br />with Section 2-153 of this Code.in the following manner: <br /> <br />(a) By publishing at least once and not less than ten (10) days before the date of the <br />hearing in a newspaper of general circulation. <br /> <br />(b) The planning commission may further require posting, not less than five (5) days <br />prior to said hearings, placards on such property and for a distance of not less <br />than three hundred (300) feet in each direction from the exterior limits of such <br />property. <br /> <br />Section 10. Section 41-672 (Hearing) of Chapter 41 of the SAMC is hereby <br />amended to read as follows: <br /> <br /> Sec. 41-672. - Hearing. <br /> <br />(a) Except as provided in subsection (c) of this section, whenever approval of plans <br />for a development project will constitute a substantial or significant deprivation of <br />property rights of other landowners, the director of planning and development <br />services shall set the matter for public hearing and provide notice of the time and <br />place of the hearing to all persons, including businesses, corporations, or other <br />public or private entities, shown on the last equalized assessment roll, as owning <br />real property within three hundred (300) feet of the property which is the subject <br />of the application pursuant to Section 2-153 of this Code. The notice shall be
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