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HomeMy WebLinkAboutORD NO 1732 ORDINANCE NO. 1732 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.60.110 OF CHAPTER 17.60 (VARIANCES, MODIFICATIONS AND ZONE CHANGES) OF THE BAKERSFIELD MUNICIPAL CODE. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 17.60.110 of the Bakersfield Municipal Code be amended to read as follows: 17.60.110 Decision and findings--Grant or denial of application. Within thirty-five days after the conclusion of a public hearing, the Planning Commission or Board of Zoning Adjustment shall render its decision on the matter so heard. The failure of the Planning Commission or Board of Zoning Adjustment to render such decision within thirty-five days after the conclusion of the hearing shall be deemed to constitute a denial. The Planning CO~L-LLission or Board of Zoning Adjustment shall announcE: and record their actions by formal resolution, and such resolution sb~ll recite the findings of the Planning Commission or Board of Zoning Adjustment upon which they base their decision. A. VARIANCES, MODIFICATIONS AND CONDITIONAL USE PERMITS. Within five days after final decision by the Board of Zoning Adjustment on an application for a variance, or conditional use permit or modification, notices of the decision in the matter shall be mailed to the applicant at the address shown upon the application, the City Clerk, the members of the City Council and the owners of the adjoining property. The granting, either with or without conditions, or the denial of such application by the Board of Zoning Adjustment shall be final unless within fifteen days after the decision by the Board of Zoning Adjustment the applicant or any other person aggrieved, shall appeal therefrom in writing to the City Council by presenting such appeal to the City Clerk. At its next regular meeting after the filing of such appeal with the City Clerk, the City Council shall set a date for a hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as hereinbefore prescribed for hearings by the Planning Commission or Board of Zoning Adjustment. The decision appealed from shall be affirmed unless reversed by the City Council. No permit or license shall, be issued for any use involved in an application for a variance, modification or conditional use permit, until same shall bmve become final by reason of the failure of any person to appeal or by reason of the action of the City Council. If the use authorized by any variance, modification or conditional use permit is, or has been, unused, abandoned or discon- tinued for a period of one year, or the conditions have not been complied with:, said variance, modification or conditional use permit shall become null and void and of no effect. B. AMENDMENTS AND CHANGES OF ZONE BOUNDARIES. Within ten days after final action by the Planning Commission on an appli- cation for amendments or changes of zone boundaries, its recommenda- tions together with the complete records of the case shall be delivered'.~'~, the City Council. The City Council, after receipt of the report and reco~-L~-Lendation from the Planning Commission, shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as hereinbefore prescribed for hearings by the Planning Co~-~-Lission. The 2. recommendation of the Planning Commission shall be approved unless reversed by the City Council. No permit or license shall be issued for any use involved in an application for a change of zone until same shall have become final by the adoption of an ordinance. SECTION 2. This ordinance shall become effective thirty (30) days from and after the date of its passage. -o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 13th day of May, 1968, by the following vote: AYES: COUNC~LMEH HEISEY, HOSKING, REES, RUCKER, STIERN, YETrER, WHITrEMORE N OE~.: CC'J NC;LMEN: A~JSE~ ~T .~. OU t;CILM C=l~: ~. ~_~._.._ AI~S;'A~N.t~G CO[INC[LMEN: ,~ Z'~..,,,'~,~ . Council of the City of Bakersfield. APPROVEp, th,..im: 13th day of ~ MAYOR of the City." of Bakersfield APPROVED: CITY ATTORN~ Aff av ! of r nan es County of Kern ) MARIAN S. IR¥IN, being duly sworn, deposes and saYS: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ................ .M...a.,y....1...4. ...................................................... 19..6..8.... she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ........... .M...a~.....1..3.. ........................................ 19...6..8..., which ordinance was numbered ...........1..7...3..2.. .................... New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.60. 110 OF CHAPTER 17.60 (VARIANCES, MODIFICATIONS AND ZONE CHANGES) OF THE BAKERSFIELD MUNICIPAL CODE. Subscribed and sworn to before me this ...1..4...t...h...day of .......... ~..a.~.. .............................. 19...6...8... Notary Public in and for the County of Kern, State of ~alifornia It (_'~'"'"':?.~ No,^.¥ ~UeUC-C,',UFOaNI^ Ii' I~' ~*.~.,~'.~.~Y/ PRINCIPAL OFFICE IN II, ~ .ER. cou.~¥ My Commission Expires August 11,198