Division 7 — DEVELOPMENT CODE AND ZONING DISTRICT MAP AMENDMENT

The Zoning and Development Code may be amended by changing the development standards (text) or zoning designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the general plan.

Prior to the filing of an application for a Development Code and/or zoning district map amendment, the applicant or the applicant's representative shall apply for a pre-application meeting application. The pre-application meeting is presented to the Director of Planning for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application.

(Ord. No. 1951, § 4(Exh. A), 5-28-24)

Applications for changes of zone shall be filed with the Planning Division upon such forms and accompanied by such data, information and fees as may be required by the Planning Division, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(1)

A change of zone may be initiated by the Planning Commission, City Council, Director of Community Development, or the owner or authorized agent of the owner of the property for which the application is being made.

(2)

An amendment to provisions of this chapter may be initiated by the Planning Commission, City Council, Director of Community Development, or any person directly affected by the provisions of this chapter.

(3)

The Director of Community Development may request proof or authorization to file an application on behalf of another party.

Sec. 30-43. - Reserved.

Editor's note— Ord. No. 1951, § 4(Exh. A), adopted May 28, 2024, repealed § 30-43, which pertained to Development Advisory Board (DAB) review and carried no amendatory history.

Notice of hearings for Zoning and Development Code amendments shall be as set forth in Division 4, herein.

Sec. 30-45. - Hearing—Planning Commission.

(a)

Upon the filing of a complete application for amendment to the Zoning and Development Code or zoning district map, the application shall be scheduled for hearing before the Planning Commission for recommendation to the City Council.

(b)

The Planning Commission shall hold at least one public hearing upon the proposal referred to in the application for amendment. If the Planning Commission finds that the proposal substantially promotes the goals of the City's general plan, the Planning Commission shall recommend the change to the City Council. The Planning Commission shall transmit its report in writing to the City Council within 90 days following the public hearing. The report shall set forth the reasons of the Planning Commission recommendations and the consistency of the proposed change to the general plan.

(c)

If the decision of the Planning Commission is to deny an application requesting the change of property from one zone to another, the decision shall be final unless there is an appeal as provided for in Division 5 of this article herein. The Planning Commission shall also have the authority to forward the application to the City Council for consideration.

The City Council shall hold at least one public hearing upon the proposal referred to the Council by the Planning Commission or by appeal. The City Council may approve, modify or reject any part of the recommendation of the Planning Commission. The determination of the City Council shall be final and conclusive, except that whenever the City Council shall consider a change not previously considered by the Planning Commission, the Council may refer such change to the Planning Commission for its recommendation.

If an application for an amendment is denied by either the Planning Commission or City Council, another application of the same nature and affecting the same property shall not be filed within a period of one year from the date of denial. However, the Director of Community Development may allow for a new application to be filed if a change in circumstances or plans indicate a new application is warranted. Nothing contained in this section shall prohibit either the City Council or Planning Commission from initiating a change of zone at any time.