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Upon the filing of an application for a request of zoning district classification change with the department of planning accompanied by the deposit to defray the cost in the manner prescribed in §§ 160.745 through 160.760, the department of planning shall set a date for public hearing on the requested change of district classification. The date for a public hearing shall be a day when the planning commission is regularly scheduled to hear zoning district classification change requests as determined by the rules, policies and regulations as adopted or which may hereafter be adopted by the planning commission for holding public hearings on the requests; or the planning commission may designate a special meeting at which to hear a requested change of district classification.
(a) Public notice.
A. Signs shall be posted on the property for a continuous period of ten days immediately prior to any public hearing held by the planning commission or city council to consider any rezoning application.
B. The signs shall be furnished by the department of planning and building services; state the date, time and location of the public hearing and be posted by the applicant in the numbers, design and locations prescribed by the director.
C. Before any action shall be taken by the planning commission, the applicant shall first file with the department of planning and building services a certificate verifying that the signs have been posted at the proper location before the time specified by this section.
(2) Written notice. Letters shall be sent by the city to adjacent property owners within 300 feet, measured from lot line to lot line. The letters shall be postmarked ten business days prior to the hearing and state the date, time, and location of the public hearing.
(3) Publication. The public hearing date, time, and location shall be published at least ten days in advance of the hearing in a legal newspaper of the community. After conducting the public hearing, the city planning commission shall submit its recommendation to the city council.
(4) Failure to provide notice. Failure to provide actual notice to each person so entitled shall not render any proceeding hereunder invalid, provided that the applicant or the city substantially complies with the requisite published legal newspaper notice, public notice and hearing requirements of this subchapter.
(b) Hearing. Upon the day of the public hearing, the planning commission shall review the decisions and recommendations of the planning staff of all applications coming before the planning commission as provided in this subchapter. The planning commission, in making its determination of the applications, may make changes in accordance with or in rejection or modification of the recommendation of the planning staff.
(c) Action and protest. Approval or denial of any application for a zoning district classification change shall be by a majority of members present.
(d) Planning commission report. The planning commission shall submit to the city council a final report containing its recommendations on those applications for zoning district classification changes which it has considered and all other amendments to this subchapter. If no report is received from the planning commission in 65 days, it may be assumed that the commission has approved the amendment. Whenever the proposed change of boundaries or regulations affects the area outside the city limits of the city, no amendment, supplement or change in any area shall be effective unless the county planning commission of the county in which the area lies shall sit with the city planning commission and both the commissions make a recommendation to the city council and the board of county commissioners.
(1992 Code, App. B, § 15.61.030) (Ord. 42-83, passed 6-27-1983; Ord. 95-95, passed 7-3-1995; Ord. 18-96, passed 2-5-1996; Ord. 120-01, passed 12-10-2001; Ord. 18-11, passed 4-4-2011; Ord. 9-13, passed 3-19-2013)