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1939 (#1073-1083)
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1939 (#1073-1083)
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1/3/2012 1:07:11 PM
Creation date
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Pre-Charter
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1939
Pre-Charter - Doc Type
Ordinances
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153 <br /> <br />~pplications for changes of district boun~aries or classifications or for <br />variances are made, end may require the filing therewith of any plans, profiles, <br />elevations or specifications necessary for a full understanding. It may prepare <br />· and provide blanks for such purpose and may prescribe the type, nature and amount <br />of information to be provided in the application by the petitioner. No <br />petition shall be received unless it cormplies with such requirements. If <br />signatures of persons other than the ovmers of property making the application ar~ <br />required or offered in suppbrt of, or in opposition to, the application they may <br />be received as evidence of notice having been served upon them of the pendiug <br />application or as evidence of their opinion on the pending issue, but they shall <br />in no case infringe upon the free exercise of the powers vested in the City of <br />Santa Aha. <br /> <br /> Petitions or applications filed pursuant to this ordinance shall be <br />numbered consecutively in the order of their filing and shall become a p~rt of <br />the permanent official records of the Planning Commission, and there shall be <br />attached thereto and permanently filed therewith copies of all notices and <br />actions with affidavits of posting, mailing or publication pertaining thereto. <br /> <br /> A fee of Ten ($10.00) Dollars shall be paid upon the~filing of each <br />petition provided for in Section 12 and a fee of Twenty-five ($~5.00~ Dollars <br />shall be paid upon the filing of each petition provided for in Section 13, for <br />the purpose of defraying the expense of postage, posting, advertising and other <br />costs incidental to the proceedings prescribed herein. A written receipt <br />shall be issued te the person making such payment, and records of such payments <br />and expenditures thereof shall be kept in such manner as prescribed by law. <br /> <br /> Notices. All proposals for amending district boundaries or classificati¢ <br />of property uses within such districts as defined by~thls ordinance or the grant- <br />ing of variances as provided in Section 13 hereof, shall be set for public <br />hearing as follows: <br /> <br /> (a) Not less than ten (10) days nor more than thirty (30) ~ays after <br />the filing of an application or motion of the Planning Commiscion the Secretary <br />of the Planning Commission shall, pursuant to practice defined by the Planning <br />Commission, set a date for public hearing on the matter. <br /> <br /> (b) Not less than five ~5) days before the date of such public hear- <br />ing public notice shall be given of such public hearing in either or both of the <br />following manners. Both methods shall be used unless the Planning Commission <br />directs otherwise. <br /> <br /> 1. By posting in front of the property under consideration a notice <br />consisting of the words "NOTICE OF PROPOSED CHANOE OF USE DISTRICT BOUNDARIES <br />OR CLASSIFICATION", or "NOTICE OF PROPOSED VARIANCE", as the case may be, printed <br />in plain type with letters of not less than one inch in height and a statement <br />in six or eight point type setting forth a description of the property under con- <br />sideration, the nature of the proposed change, and the time and place at which a <br />public hearing on the matter will be held. If more thau one parcel of property <br />is involved, then notices shall be posted not more than one hundred feet apart <br />on each side of the street upon which said property frm ts and for a distance <br />of not less than three hundred (300) feet in each direction from said property. <br /> <br /> ~. By mailing a postal card notice of not less than five (~) days <br />prior to date of such hearing to the owners of all property within a radius of <br />three hundred (300) feet of the exterior boundaries of the property proposed to <br />be changed, using for this purpose the last known name and address of such owners <br />as s~wn upon the County tax roll. Such postal card notices shall contain <br />the same iEFormation as required in sub-paragraph (1) above. <br /> <br /> Investigations. The Planning Commission shall c~use to be made by its <br />own members, or members of its staff, such investi?ation of faots bearing upon <br />much application set for hearing, including an analysis of precedent cases, as <br />will serve to provide all necessary Informat~n to assure action on each c~se <br />consistent with the purposes of this ordinance and with previous amendments or <br />~arianoes. <br /> <br /> Hearings. Public hearings as provided in this section shall be conduct. <br />ed before the City Planning Commission, or before any member thereof designated b <br />the whole Commission to so serve. The Commission may establish its own rules <br />for the conduct of public hearings and the member of the commission presiding at <br />any such hearing is hereby empowered to administer oaths to any person testifying <br />before it. <br /> <br /> Summary of all pertinent testimony offered at a public hearing and the <br />names of persons so testifying shall be recorded and made a part of the permanent <br />file of the case as provided for in paragraph of this Section entitled "Petitions' <br /> <br /> If, for any reason, testimony on any case set for public hearing cannot <br />be completed on the day set for such hearing, the Commissioner presiding at such <br />public hearing may, before the adjournment or recess thereof, publicly aunounce <br />the time and place to and at which said hearing will be continued and such <br />announcement shall serve as sufficient notice of such continuance and without <br />recourse to the form of public notice as provided for in the first instance by <br />this Section. <br /> <br /> Upon the c~pletion of a public hearing, the City Planning Commission <br />shall, not later than thirty (30) days thereafter, render its decision on the <br />matter so heard. Failure to so act within said thirty (30) days shall serve to <br />automatically and immediately refer the whole matter to the City Council for such <br />action as it deems warranted under the circumstances. In the event of such <br />failure on the part of the Planning Commission to act, the Secretary of the <br />Commission shall Imm~ediately deliver to the City Council all the records of the <br />matter involved. <br /> <br /> <br />
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