(A) Generally. A schedule of fees to be charged for the various applications and services under this chapter, which are designed to partially defer the costs of administering and enforcing this chapter, shall be established by resolution of the governing body. Applications for requested amendments to this chapter, zone changes, variances and planned unit development permits shall be made and reviewed according to the following procedures.
(1) Prospective applications shall first confer with the Community Development Department staff, which shall initially review the proposed request and shall issue the approved application forms and methods prescribed by the Department.
(2) The applicant shall complete and submit the approved application forms provided by the city in accordance with prescribed methods, along with the required processing fee, in advance of the time and date established as the deadline.
(3) The CDD shall review the application and, after consultation with and review by other agencies as appropriate, shall prepare a recommendation to be presented within 60 days before the P&Z. Said recommendation shall be supported and based on the provisions contained in this chapter, and the city master plan, and/or other applicable regulations.
(4) The CDD may advise and make recommendations to the applicant in an effort to arrive at a favorable recommendation but will not prevent, by any means, the applicant from making his or her request. A recommendation not to approve shall be explained and made available to the applicant five days prior to the public hearing before the P&Z.
(B) Public hearing notice requirements. This chapter, its amendments, zone changes, planned unit development permits and variances may become effective only after a public hearing has been held at which all interested parties and/or citizens shall have an opportunity to be heard. Signs, supplied by the Community Development Department, shall be posted a minimum of 15 working days on at least four corners of the subject property to notify adjacent property owners of the proposed land use request. Notice of the time and place of the public hearing shall be published at least 15 days prior to the date of the hearing in a newspaper with general circulation in the jurisdiction of the City Planning and Zoning Commission and, for information only, in a paper with general circulation in the geographic area where the site of the proposed action is located. Whenever a parcel, lot or area of land is to be considered for a zone change, variance or planned unit development permit, notice of public hearing shall be mailed by first-class mail to the owner, as shown by the records of the County Assessor, of lots or land within 300-foot of and in every direction from the area under consideration, excluding distances devoted to public rights-of-way. In case there are not at least ten such owners within the 300 feet distance, then the distance will be extended until ten such owners are included and notified, provided the area of notification does not exceed a one-mile radius.
(C) Written protest provisions. Any parties and/or citizens who object to a proposed zone change, planned unit development permit or variance may file a written protest with the CDD Director prior to the public hearing held by the Planning and Zoning Commission at which the proposed zone change, planned unit development permit or variance will be considered. The written protest shall list the names, addresses and signatures of property owners affected by the proposed change; whether the owner’s property is situated within 300 feet or more than 300 feet of the area proposed to be changed, such distance to be calculated as prescribed herein; and reasons why the property owners object to the proposed change.
(D) Vote requirements and effective dates. Effect of protest of 20% or more of land within area of notice for zone change. Any proposed amendment to this chapter, zone change, planned unit development permit or variance shall be approved by the following vote requirements.
(1) Unless otherwise specifically provided herein or by state law, approval of a proposed action shall require a favorable vote from the majority of Planning and Zoning Commission members present.
(2) Decisions by the Planning and Zoning Commission on requests for planned unit development permits and variances shall be final and effective after 5:00 p.m. of the tenth working day following the day of the decision and shall thereafter effect changes on the official zoning maps.
(3) Approval of zone change requests and amendments to this chapter shall require a majority vote of the members of the Board of Trustees.
(4) If the owners of 20% or more of the area of the lots and of the land included in the area proposed to be re-zoned or within 300 feet, excluding public rights-of-way, to be re-zoned protest, in writing, the proposed change in zoning, the change shall not become effective unless the change is approved by a two-thirds vote of all the members of the governing body.
(E) Appeals.
(1) Appeals of decisions of the Planning and Zoning Commission must be filed within ten working days after the date of that decision. The appeal must be in writing, citing the errors or omissions in the decision of the P&Z and must be accompanied by the required fee.
(2) An appeal of a Planning and Zoning Commission decision to the governing body, prepared and filed in accordance with the procedures established herein, shall stay the effective date of the decision until a decision on the appeal is made by the governing body.
(F) Amendments. Any proposed amendment to this chapter shall require a recommendation from the Planning and Zoning Commission and shall then require a favorable vote from the majority of the governing body members for approval.
(G) Limitations on re-hearing. A proposed zone change, variance or planned unit development permit that has been denied by the Planning and Zoning Commission and/or governing body on a particular tract of land for a particular purpose cannot again be applied for within one year from the date of the denial unless the new request is determined to be substantially different from the original request (i.e., zoning district use, distance, area and the like).
(Ord. 2010-018, passed - -)