§ 1908. Action by city council

A.

Upon receipt of the resolution and report of the planning commission, the city council shall hold a public hearing; provided, however, that if the matter under consideration is an amendment to change property from one district classification to another, and the planning commission has recommended against the adoption of the amendment, the city council need not take any further action thereon unless an interested party shall request such a hearing by filing a written appeal with the city clerk within five days after the planning commission files its recommendations with the city council.

B.

Notice of the hearing shall be given in the manner provided under section 1904 of this article.

C.

Within 30 days following the close of the hearing, the city council shall make a specific finding in writing as to whether the amendment is required in order to achieve consistency with the general plan, to achieve the objectives set forth in section 102 of the zoning ordinance, and the stated purposes and application intended for the zone district classification proposed.

D.

The city council may approve, modify or disapprove the recommendation of the planning commission; provided however, that any modification shall first be referred to the planning commission for report and recommendation, but the commission shall not be required to hold a hearing thereon. Failure of the commission to report within 40 days of the reference, or such longer period as may be designated by the council, shall be deemed approval of the proposed modification.

E.

If the council finds that the proposed change is required, in its original or modified form, it shall enact an ordinance amending the regulations of this ordinance, or grant a special zoning exception as prescribed in section 1910. If the council finds that a change is not required, it shall deny the application or proposal for change.

(Ord. No. 2015-01, § 1, 4-8-2015)