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Auburn City Zoning Code

159 Amendments

Sections 159.440-159.447

159.440 Authorized

The provisions of this chapter may be amended by changing the boundaries of the districts or by changing the provisions of this chapter whenever the public necessity, convenience and general welfare require the amendment by using the procedure set forth in this subchapter.

(1973 Code, § 9-4.1501) (Ord. 558, eff. - -)

159.441 Initiation

Amendments to the boundaries of districts and to the provisions of this chapter may be initiated by:

  1. The verified petition of one or more owners of property affected by the proposed amendment;
  2. A resolution of intention by the Council; or
  3. A resolution of intention by the Commission.

(1973 Code, § 9-4.1502) (Ord. 558, eff. - -)

159.442 Petitions; Filing; Fees

The verified petition of one or more property owners for an amendment to the boundaries of districts or to the provisions of this chapter shall be filed with the Commission and shall be accompanied by a fee of $35, no part of which shall be returnable to the petitioner.

(1973 Code, § 9-4.1503) (Ord. 558, eff. - -)

159.443 Planning Commission Hearings; Notices

The Commission shall hold at least 1 public hearing on any proposed amendment. At least 10 days prior to the first public hearing, the Commission shall give notice of the hearing as set forth in §§ 159.460et seq.

(1973 Code, § 9-4.1504) (Ord. 558, eff. - -)

159.444 Planning Commission Findings

Following the public hearing provided for herein, the Commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the Council an attested copy of the report within 90 days after the notice of the first of the hearings; provided, however, the time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Commission to so report within the 90 days, without the mutual agreement of the parties having an interest in the proceedings, shall be deemed to be approval of the proposed amendment by the Commission.

(1973 Code, § 9-4.1505) (Ord. 558, eff. - -)

159.445 Council Decisions

The decision of the Council on proposed amendments shall be rendered by ordinance within 90 days after the receipt of a report and recommendation from the Commission or within 90 days after the expiration of the time limit.

(1973 Code, § 9-4.1506) (Ord. 558, eff. - -)

159.446 Petitions; Withdrawal

Upon the consent of the Commission, any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who signed the petition.

(1973 Code, § 9-4.1507) (Ord. 558, eff. - -)

159.447 Abandonment Of Council Or Planning Commission Initiated Proceedings

The Council or the Commission, as the case may be, may, by resolution, abandon any proceedings for an amendment initiated by its own resolution of intention; provided, however, the abandonment may be made only when the proceedings are before the body for consideration; and provided, further, any hearing of which public notice has been given shall be held.

(1973 Code, § 9-4.1508) (Ord. 558, eff. - -)