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ORDINANCE NO. 561.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA
N,ffiNDING ORDINANCE NO. 439 OF SAID CITY.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS
FOLLO~iS:
~ION 1. That Section 26 of Ordinance No. 439 of the
City of Arcadia, entitled "An Ordinance of the City Council of
the City of Arcadia, establishing in said City of Arcadia, zones
or districts ~nd regulating therein the use of property, height
of buildings w~d requiring open spaces for light and ventilation;
to regulate and restrict the location of trades and industries
and the location of buildings designed for specified uses; providing
for the enforcement and prescribing penalties for the violation
thereo:t:." , adopted on the 28th day of June, 1940, be and the same
is hereby amended to read as follows:
SECTION 26: AMENDMENTS AND CHANGES IN USE DISTRICTS-
Any owner or owners of property in any use district, de-
siring a change made in the classification of such property, shall
file an application with the City Clerk, stating the nature of the
change desired, and shall file therewith a map showing the boundaries
of the area proposed to be reclassified, together with the names and
addresses of all owners of property therein and wi thin a distance of
five hundred (500) feet outside of the outer boundaries of such
area. The City Clerk shall thereupon refer such applications to
the Secretary of the Planning Commission, which Commission at its
next regular m~eting follov~ng the receipt thereof by its Secretary
from the City Clerk, shall fix a day for the hearing of such
application not less than twenty-five (25) days thereafter. The
Secretary of the Planning Commission shall give notice of such
hearing, by mailing a post card notice to each property o~mer whose
name and address appears on such application, such post card con-
taining a notice which shall be in the following or substantially
the following form, to wit:
"You are hereby notified that on the _day of
19__, at the hour of o'clock, __.M., in the
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the City Hall of the City of Arcadia, 'tlhe Planning Commission
of the City of Arcadia will hear the application of
to reclassify the following real property from
District to
District. At the above
time and place you may be heard in this matter if you so desire.
The property above referred to is described as follows, to wit:
Secretary of Planning Commission. II
At the time set for such hearing, or at any time to which
the same may bo continued, the Planning Commission shall proceed to
hear any persons interested therein and shall thereafter file its
recommendation:l in relation theroto \7i th the City Clerk. The City
Planning Conunission may recommend the groanting of the application or
the denial thereof or a rec1hassification of only a part of the
district sough1; to be reclassified, but in no event may the Planning
Commission recommend the reclassification of territory other than
that set fortb,:in such appl1cation. The City Council, upon receipt
of the reconunendation of the Planning CommiSSion, may at that time
or at any other time to which the matter may be continued, or at
any other time in the discretion of the City Council, consider the
recommendation of the Planning Commission. The action of the City
Council in rele. tion thereto shall be final and in the event the
reclassification is allowed, in whole or in part, the same shall
thereafter be made a part of this Ordinance by appropriate amend-
ment. It shall require the affirmative votes of at least three-
fifths (3/Sths) of all the members of the City Council to reject
or modify the reconunendations of the Planning Commission or to
adopt any amendment to this Ordinance in connection with the
rejection or modification of such recommendations. The provisions
of this Section shall not, however, in any manner affect the amend-
ing of the text of this Ordinance in the event such amendment does
not involve a reclassification of any property.
In the case of reclassification of property or any excep-
tion applied for, the Planning Commission shall cause
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to be made
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an investigation of the matters involved, and if in the opinion
of said Commission, after due investigation and consideration of
the facts stat(~d in any petition for reclassification or exception
to the provisions of this Ordinance and any compentent facts involv-
ing the property in question and the other property in the vicinity
thereof, said Gommission believes that such change or reclassification
or exception is necessary for the preservation and enjoyment of any
substantial property right of the petitioner or petitioners and not
materially detrimental to the public welfare nor the property of
other persons located in the vicinity thereof, said Commission may
recommend to the City Council that such petition be granted. If
such report is not made within thirty (30) days from the filing of
such petition, the failure to make such report shall be deemed to be
a disapproval of such petition by said COmmission.
SECTION 2. The City Clerk shall certify to the adoption
of this Ordin~lce and prior to the expiration of fifteen (15)
days from the passage thereof, shall cause the same to be pUblished
once in the Arc:adia Tribune and Arcadia News, a newspaper of general
circulation, ptilllished and circulated in the City of Arcadia, and
thirty (30) days from and after the final passage thereof said
Ordinance shall take effect and be in force.
I hereby certify that the foregoing Ordinance was adopted
at a regular meeting of the City Council of the City of Arcadia,
held on the 2nd day of October, 1945, by the affirmative vote of
at least three Councilmen, to wit:
AYES: Councilmen, Adcock, Leeper, Nugent, Ormsby and Russell
NOES:
None
ABSENT: None
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--- ~ty .
of October, 945.
Signed and approved this 2nd day
(:}1 .N (/)~
, Mayor f '
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