Sec. 30-58. - Time limitations.

If an application for an area plan 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.

Subdivision II. - Area Plan Amendments

Sec. 30-59. - Area plan amendments.

(a)

An amendment to an area plan by an applicant shall require preliminary review by the Director of Community Development, filing an official application and required materials supporting the amendment, submittal of a fee deposit, Planning Commission review and recommendation, City Council review and final decision.

(b)

Amendments may be initiated by the City Council or Planning Commission by a majority vote. All requested Planning Commission amendments shall be submitted and considered by the City Council and accepted for processing by a majority vote. Staff may initiate an area plan amendment by submitting the requested amendment to the Planning Commission for a vote. Only the amendments accepted by majority vote of the Planning Commission shall be submitted to the City Council for consideration. The amendment shall only be accepted for processing by majority vote of the City Council.

Sec. 30-60. - Pre-application meeting for area plan.

(a)

Prior to the filing of an application for an area plan amendment, the applicant or the applicant's representative shall apply for a pre-application review by City staff.

(b)

The Director of Planning will determine when the conceptual project will be submitted to the Planning Commission for a workshop. The presentation to the Planning Commission shall be an informal presentation for informative purposes only and is only intended to obtain Planning Commission comments on the proposed project. The applicant shall not receive any rights or entitlements pursuant to this informal review procedure and the Planning Commission shall

not be bound by their comments. The Planning Commission or City Council may request changes to the project when it is formally presented for their consideration even if those changes differ from the Planning Commission comments and requests made during the informal review procedure.

(Ord. No. 1906, § 18, 10-25-22)

Sec. 30-61. - Application.

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. 30-62. - Reserved.

Editor's note— Ord. No. 1906, § 19, adopted Oct. 25, 2022, repealed § 30-62, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-63. - Noticing.

Notice of hearings for area plan amended shall be as set forth in Division 4, of this article herein.

Sec. 30-64. - 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.