Chapter 17.04 — ADOPTION OR AMENDMENT

A.

Projects Subject to CEQA. Within ten days after an amendment application has been found to be complete and accepted for processing, the planning division shall send notices of pending property redesignation or text amendment to the following:

1.

Every identified neighborhood group within one thousand feet of the subject property when the amendment includes a property redesignation;

2.

City council (if it did not adopt a resolution of intention;

3.

Planning commission (if it did not adopt a resolution of intention); and

Applicant.

B.

Projects Subject to CEQA. At least twenty-one days before the planning commission public hearing, the planning division shall do the following for property redesignation:

1.

Publish the hearing notice with date, time, and place of hearing once in a newspaper of general circulation in the city; and

2.

Send notices of the public hearing with date, time, and place of hearing to:

a.

Every identified neighborhood group within one thousand feet of the subject property, if the amendment includes a redesignation of property,

b.

Every property owner within five hundred feet of the project boundary, if the amendment includes a redesignation of property,

c.

Planning commission, and

d.

Applicant; and

3.

Post the hearing notice with date, time, and place of hearing at a minimum of three visible locations around the subject property.

C.

Projects Exempt from CEQA. At least ten working days before the planning commission public hearing, the planning division shall do the following:

1.

Publish the hearing notice with date, time and place of hearing once in a newspaper of general circulation in the city; and

Send notices of the public hearing with date, time, and place of hearing to:

a.

Every identified neighborhood group within five hundred feet of the subject property;

b.

Every property owner within five hundred feet of the subject project;

c.

Planning commission; and

d.

Applicant.

D.

When the amendment is for a change in the general plan text, or if the number of property owners exceeds one thousand, the planning division shall publish a one-eighths page notice of public hearing with date, time, and place of hearing in a newspaper of general circulation with the city. This notice shall be published at least twenty-one days before the public hearing before the planning commission.

E.

At least three calendar days before the planning commission hearing, one copy of the agenda and the staff report shall be sent to the applicant, and one copy of the agenda and the staff report shall be made available at no cost to each of the identified neighborhood groups within one thousand feet of the subject boundary. Any other person or group requesting a copy of the staff report shall be charged the city's current per page copying cost.

(Ord. 1368 N.C.(2d) § 16, 1996: Ord. 1130 N.C.(2d) § 19, 1990: Ord. 424 N.C.(2d) § 1 (part), 1978.)

The approval by the planning commission of the general plan or any part or element thereof, or any amendment to such plan or any part or element thereof, shall be by resolution of the commission carried by the affirmative vote of not less than a majority of its total voting members.

(Ord. 424 N.C.(2d) § 1 (part), 1978.)

Upon approval by the planning commission of the general plan or any part or element thereof, or any amendment to such plan or any part or element thereof, it shall be transmitted to the city council.

(Ord. 424 N.C.(2d) § 1 (part), 1978.)

17.04.040 - Requirement of public hearing before council.

A.

Upon receipt of the planning commission's report of a petition or resolution of intention to amend the general plan, the city council, or the city clerk when so authorized by the city council, shall schedule a public hearing, and cause a notice of date, time, and place of the hearing to be published once in a newspaper of general circulation in the city at least ten days prior to the date scheduled for the hearing. If the amendment is for a change in text of the general plan, or if the number of property owners exceed one thousand, this notice shall be a minimum of one-eighths page.

B.

If the petition or resolution of intention involves a redesignation of property, then the notice shall contain a general description of the property in question, and the city clerk shall send notice with the date, time, and place of hearing at least ten days before the public hearing to the following:

1.

Every identified neighborhood group within one thousand feet of the subject property;

2.

Every property owner within five hundred feet of the subject property; and

3.

Applicant.

(Ord. 1130 N.C.(2d) § 19, 1990: Ord. 424 N.C.(2d) § 1 (part), 1978.)

In adopting a general plan or any part or element thereof, or any amendment to such plan or any part or element thereof, which has been approved by the planning commission, the city council shall not make any change or addition until the proposed change or addition has been referred to the planning commission for a report and a copy of the report has been filed with the city council. Failure of the planning commission to report within forty days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed change or addition. It shall not be necessary for the planning commission to hold a public hearing on such proposed change or addition.

(Ord. 424 N.C.(2d) § 1 (part), 1978.)

When it deems it to be in the public interest, the city council may change or add to all or a part of an adopted general plan. The city council shall first refer the proposed change or addition to the planning commission for a report. Before making such report, the planning commission shall hold at lest one public hearing on the proposed change or addition. Notice of the time and place of such hearing shall be given in

the time and manner specified in Section 17.04.010. The planning commission's report shall be completed not later than ninety days alter the referral, or such other time as is specified by the city council.

(Ord. 424 N.C.(2d) § 1 (part), 1978.)

The adoption of the general plan or any part or element thereof, or any amendment to such plan or any part or element thereof, shall be by resolution of the city council.

(Ord. 424 N.C.(2d) § 1 (part), 1978.)

There shall be no limitation on the number of amendments made to the general plan or any of its parts or elements during any calendar year. To the extent practicable, such amendments shall be consolidated so as to be acted upon by the city council in one resolution.

(Ord. 424 N.C.(2d) § 1 (part), 1978.)

Chapter 17.46 - ADMINISTRATION

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