File #: ORD. 2019-085    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 3/26/2019 In control: City Council
On agenda: 4/22/2019 Final action: 4/22/2019
Title: To amend ch. 30, art. I of the City Code by adding therein a new section 30-101, concerning the duties of the Department of Planning and Development Review with regard to the mailing of notices, and to amend City Code ?? 30-456.6, 30-1045.4, 30-1050.3, 30-1050.4, 30-1120, and 30-1130, concerning actions, notices, and public hearings by the City Council and the City Planning Commission, for the purpose of making the Department of Planning and Development Review, instead of the Office of the City Clerk, responsible for mailing all notices of public hearings required by ch. 30 of the City Code and general law.
Patrons: Cynthia Newbille, Ellen Robertson
Attachments: 1. Ord. No. 2019-085

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To amend ch. 30, art. I of the City Code by adding therein a new section 30-101, concerning the duties of the Department of Planning and Development Review with regard to the mailing of notices, and to amend City Code §§ 30-456.6, 30-1045.4, 30-1050.3, 30-1050.4, 30-1120, and 30-1130, concerning actions, notices, and public hearings by the City Council and the City Planning Commission, for the purpose of making the Department of Planning and Development Review, instead of the Office of the City Clerk, responsible for mailing all notices of public hearings required by ch. 30 of the City Code and general law.

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THE CITY OF RICHMOND HEREBY ORDAINS:

§ 1.                     That Chapter 30, Article I of the Code of the City of Richmond (2015) be and is hereby amended and reordained by adding therein a new section numbered 30-101 as follows:

Sec. 30-101.                     Duties of Department of Planning and Development Review with regard to mailing of notices.

 

Whenever this chapter or general law requires that notice of a public hearing concerning a matter to which this chapter applies be sent by mail to a property owner, the Department of Planning and Development Review shall send by mail such notice.

§ 2.                     That sections 30-456.6, 30-1045.4, 30-1050.3, 30-1050.4, 30-1120, and 30-1130 of the Code of the City of Richmond (2015) be and are hereby amended and reordained as follows:

Sec. 30-456.6.  Action of City Council.

The City Council shall hold a public hearing on the preliminary community unit plan. Notice of the time and place of such public hearing shall be given [by the City Clerk] in accordance with general law. The names and addresses of all property owners within the City to whom notices are to be sent shall be furnished [to the City Clerk] by the City Assessor and shall be as shown on the then-current tax records of the City. The City Council may, by ordinance, approve the plan if it concurs in the finding of fact of the Commission.

Sec. 30-1045.4.  Procedure for issuance.

(a)                     Review by staff. Staff of the Department of Planning and Development Review shall review each application for a conditional use permit and forward the application to the Planning Commission along with a report indicating the manner in which the proposed conditional use complies or does not comply with this chapter and its recommendations regarding approval, disapproval or conditions to be attached.

(b)                     Action by Planning Commission. The Planning Commission shall review each conditional use permit application for compliance with this chapter and shall provide a recommendation to the City Council in accordance with the following:

(1)                     The Commission shall hold a public hearing on the conditional use permit application. Notice of the time and place of such public hearing shall be given [by the City Clerk] in accordance with general law. The names and addresses of all property owners within the City to whom notices are to be sent shall be furnished [to the City Clerk] by the City Assessor and shall be as shown on the then-current tax records of the City.

(2)                     After holding a public hearing, the Commission may recommend approval or disapproval of the conditional use permit or that additional conditions be imposed. In making its recommendation, the Commission shall consider at least the standards indicated in Section 30-1045.5.

(3)                     Action by the Commission shall be in the form of a motion, giving the reasons for its action.

(4)                     When the Commission is unable to adopt a motion to recommend approval or disapproval, it shall forward a written report to the City Council stating such fact and summarizing its discussions on the matter.

(5)                     Failure of the Commission to provide a recommendation or report to the City Council within 100 days after the first meeting of the Commission at which the conditional use permit application appears on its agenda shall be considered a recommendation of approval, unless the application has been withdrawn by the applicant prior to the expiration of such time period.

(c)                     Action by City Council.  The City Council shall take action on each conditional use permit application in accordance with the following:

(1)                     After receiving the recommendation of the Planning Commission, the Council shall hold a public hearing on the conditional use permit application. Notice of the time and place of such public hearing shall be given [by the City Clerk] in accordance with general law. The names and addresses of all property owners within the City to whom notices are to be sent shall be furnished [to the City Clerk] by the City Assessor and shall be as shown on the then-current tax records of the City.

(2)                     The City Council may, by ordinance, approve or disapprove the conditional use permit application and may impose additional conditions as authorized by this division.

Sec. 30-1050.3.  Notice and public hearing by Planning Commission.

The Planning Commission shall hold a public hearing on any ordinance to authorize the issuance of a special use permit. Notice of the time and place of such public hearing shall be given [by the City Clerk] in accordance with general law. The names and addresses of all property owners within the City to whom notices are to be sent shall be furnished [to the City Clerk] by the City Assessor and shall be as shown on the then-current tax records of the City.

Sec. 30-1050.4.  Notice and public hearing by City Council.

The City Council shall hold a public hearing on the ordinance to authorize the issuance of a special use permit. Notice of the time and place of such public hearing shall be given [by the City Clerk] in accordance with general law. The names and addresses of all property owners within the City to whom notices are to be sent shall be furnished [to the City Clerk] by the City Assessor and shall be as shown on the then-current tax records of the City.

Sec. 30-1120.  Notice and public hearing by Planning Commission.

The Planning Commission shall hold a public hearing on any ordinance to amend, supplement or repeal the sections of this chapter or the boundaries of the districts established by this chapter. Notice of the time and place of such public hearing shall be given [by the City Clerk] in accordance with general law. The names and addresses of all property owners within the City to whom notices are to be sent shall be furnished [to the City Clerk] by the City Assessor and shall be as shown on the then-current tax records of the City.

Sec. 30-1130.  Notice and public hearing by Council.

The City Council shall hold a public hearing on the ordinance to amend, supplement or repeal the sections of this chapter or the boundaries of the districts established by this chapter. Notice of the time and place of such public hearing shall be given [by the City Clerk] in accordance with general law. The names and addresses of all property owners within the City to whom notices are to be sent shall be furnished [to the City Clerk] by the City Assessor and shall be as shown on the then-current tax records of the City.

§ 3.                     This ordinance shall be in force and effect on July 1, 2019.