Ord1964 1130 - Laserfiche WebLink

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Ame.n.Œne.Vtt.6 SECTION 41.5 Commission Action. (a) If, at the conclusion of the public hearing, the Commission finds that the proposed amendment is not in the public interest, the Commission shall, by motion, either deny the application, terminate the proceedings if initiated by resolution of the Commission, or, in the case of a Council resolution of intention, recommend to the Council that the proposed amendment not be adopted. (b) If the Commission finds the proposed amendment to be in the public interest, the Commission shall, by motion, recommend to the Council the adoption of the proposed amendment or recommend the adoption of the proposed amendment subject to such modifications as the Commission finds proper. (c) The Commission's action in either terminating proceedings on a Commission resolution of intention or in recommending that an amendment pro- posed by Council resolution be, or not be, adopted shall not be appealable. SECTION 41.6 Filing with Clerk. The Commission's recommendations sha~l be filed with the City Clerk. The Planning Department shall transmit therewith such records, maps and reports as the Commission or Council directs. SECTION 4l.7 Council Hearing. The Council shall hold a public hearing on the proposed amendment within 40 days after the Commission's recommendation is filed with the City Clerk or within 40 days of the filing of an appeal if the Commission's action has been to deny a property owner's application. The time and place of public hearing shall be set by the City Clerk. SECTION 41.8 Council Action. (a) At the conclusion of the public hearing the Council shall take action as follows: (l) Terminate proceedings or deny the property owner's application if it finds that the proposed amendment is not in the public interest. (2) Adopt the proposed amendment by ordinance if it finds that it is in the public interest. (3) Refer the proposed amendment back to the Commission if the Council finds that modification is necessary or desirable prior to adoption. (b) In the event the Council determines that a modification should be made, the Commission shall, by motion, make its recommendations on the proposed amendment and modification to the Council. No public hearing need be held on the proposed modification by the Commission. Failure to make a recommendation within 40 days shall be deemed to be approval of the modification. Upon receipt of the Commission's recommendation, the Council shall hold a final public hearing as provided by Section 4l.7, at the conclusion of which the Council may adopt the proposed amendment with or without either the modification proposed by the Council or any alternative modification recommended by the Commission. SECTION 41.9 Adoption of Amendment. The adoption of any amendment to this ordinance by the Council shall be done in the same manner as prescribed for other ordinances. 74 ... .... . "... ... ...-........-........--...-........--.---.. --...-...