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Brisbane City Zoning Code

CHAPTER 17

50 - AMENDMENTS

17.50.010 - Initiation.

A.

Except as otherwise provided in this chapter, any amendment to this title shall be adopted as other ordinances are adopted.

B.

Any amendment to this title which changes any property from one district to another district or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated as follows:

1.

The filing with the city planning commission of a resolution of intention of the city council;

2.

Passage of a resolution of intention by the planning commission; or

3.

Filing with the planning commission of a petition of one or more record owners of property, which is the subject of a proposed amendment, or their authorized agents. A petition for amendment shall be on a form designated by the planning commission and shall be accompanied by a fee, as set by the city council.

(Ord. 298 § 18.1, 1984).

17.50.020 - Public hearing requirement.

A.

A public hearing shall be scheduled within sixty (60) days of receipt of a petition or resolution of intention of amendment to this title.

B.

Notice of the time and place of such hearing, and the purpose thereof, shall be given in the manner designated in Chapter 17.54.

(Ord. 298 § 18.2, 1984).

(Ord. No. 612, § 22, 12-8-16)

17.50.030 - Planning commission action.

After the close of the public hearing or continuations thereof, the planning commission shall make a report of its findings and its recommendations with respect to the proposed amendment. The commission report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the commission, and copies of any maps or other data or documentary evidence submitted in connection with the proposed amendment. A copy of such report and recommendation shall be transmitted to the city council within ninety (90) days after the first notice of hearing thereon; provided, however, that such time may be extended with the consent of the city council or the petitioner for such amendment. In the event the planning commission fails to report to the city council within the aforesaid ninety (90) days or within the agreed extension of time, the amendment shall be deemed approved by the planning commission. The recommendations of the planning commission on proposed amendments shall be adopted by a majority vote of the voting members of the planning commission.

(Ord. 298 § 18.3, 1984).

17.50.040 - City council action.

Upon receipt of the recommendation of the planning commission on the expiration of the aforesaid ninety (90) days or agreed upon extended period, the city council shall hold a public hearing thereon, giving notice thereof as provided in Chapter 17.54; provided, however, that if the matter under consideration is an amendment that would change property from one district to another, and the planning commission has recommended against the adoption of such amendment, the city council shall not be required to take further action unless the planning commission action is appealed. After the conclusion of such hearing, the city council may, within one year, adopt by ordinance the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the council deems desirable; provided, that any modification of the proposed ordinance or amendment by the legislative body not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, or such longer period as may be designated by the council, shall be deemed to be approval of the proposed modification.

(Ord. 298 § 18.4, 1984).