Part 2 — Unified Development Ordinance Zoning Regulations
City of Andover Unified Development Manual
3. If the Planning Commission fails to act, and does not deliver its recommendation to the Governing Body following the Commission's next regular meeting after receipt of the Governing Body's returned recommendation, then the Governing Body must consider the Commission's inaction as a resubmission of the original recommendation, and proceed accordingly. 4. On receipt of a resubmitted or amended recommendation , the Governing Body, by a simple majority , may either: a. Adopt the Commission's recommendation for approval by an effectuating ordinance . b. Revise or amend the Commission's recommendation, and then adopt it by an effectuating ordinance. c. Take no further action. C. A proposed amendment or special use becomes effective on publication of its adopting ordinance. 1. If an amendment affects the classification or boundaries of any zoning district, the ordinance must: a. Provide a legal description of the reclassified property or the amended boundaries. b. Order the Official Zoning Map to be changed to reflect the amendment, and must reincorporate the amended Zoning Map. 2. Any conditions on a special use must be included in the effectuating ordinance.
105 Governing Body Adoption of Amendments or Special Uses A. When considering a proposed zoning amendment or special use, the Governing Body must review the Planning Commission's findings of fact, and the factors on which their recommendation is based, and either: 1. Adopt the Commission's findings and factors by reference . 2. Record their own findings of fact , and the factors upon which the Governing Body's decision is based. B. Adoption by Governing Body. 1. When the Planning Commission submits a recommendation of approval or disapproval of a proposed amendment or special use, the Governing Body may: a. Adopt the Commission's recommendation for approval by an effectuating ordinance . b. Override the Commission's recommendation by a 2/3 majority vote of the membership of the Governing Body; c. Return the recommendation to the Planning Commission with a statement specifying the basis for the Governing Body's failure to approve or disapprove. 2. If the Governing Body returns the Commission's recommendation, the Commission may, after consideration, either: a. Resubmit its original recommendation to the Governing Body, giving its reasons. b. Submit a new or amended recommendation to the Governing Body. c. Fail to act.
Main TOC Zoning TOC Amendments & Special Uses
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