Loading...
HomeMy WebLinkAbout0561 .... l:" .' , ~ 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 -1- ''''"~"~ a-'!c/ ,.!J6'/ 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 -2- to be made cJAc/ 6~{(/ 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 ~~~ --- ~ty . of October, 945. Signed and approved this 2nd day (:}1 .N (/)~ , Mayor f ' ... -3- ar.c/. 6~$/