Code Section: 302 (c)

Subject: Reclassification action other than that applied for

Effective Date: 3/70

Interpretation:

   Where a certain reclassification is applied for and advertised, the Commission can approve only those alternative reclassifications that were fairly within the scope of what was asked for. For example, if RH-1 to RH-3 is requested, RH-1 to RH-2 can be approved but RH-1 to RH-4 cannot be approved. Rezoning in the reverse direction follows the same rule. If RH-3 to C-2 is requested, RM-4 CANNOT be approved if C-2 would not have permitted as high a density. Such district substitution matters must be considered carefully to determine which alternatives may allow different conditions that could be unfavorable to surrounding properties. Hearing notices should announce the feasible alternative districts and what they would permit.