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(a) Zoning commission recommendation and council hearing. Every proposal to amend a zoning boundary which is recommended for approval or denial by the zoning commission and every proposed amendment to the regulations of this ordinance shall be forwarded to the city council for a public hearing as required by state law. No change, however, shall become effective until after the adoption of an ordinance and its publication as required by law.
(b) City council action. Upon receipt of the final report and recommendation of the zoning commission, the city council may:
(1) Approve the application;
(2) Deny the application with prejudice;
(3) Deny the application without prejudice as to the re-filing upon showing that unnecessary hardship will otherwise result and that the intent and spirit of the ordinance will be observed; or
(4) Refer the original proposal to the zoning commission for a new hearing, report and recommendation.
(5) Accept a request to withdraw the application.
City Council Hearing and Action Procedure
(Ord. 13896, passed 10-12-1999; Ord. 16948, § 1, passed 5-16-2006; Ord. 22465-10-20 16, § 1, passed 10- 11-2016, eff. 11-3-2016)
(a) The applicant shall submit in writing the withdrawal request to the zoning administrator.
(b) The action on the withdrawal request shall be based on the timing of the request as follows:
(1) An applicant may withdraw an application prior to written notice of the zoning commission public hearing. The city shall not take further action on the application.
(2) A request to withdraw an application after written notice or after the application is posted on a zoning commission public hearing agenda shall be deemed accepted and no further action is required. A request to withdraw an application during the zoning commission meeting must be approved by the zoning commission. The city shall not take further action on the application.
(3) After the zoning commission public hearing, an applicant may withdraw an application prior to it being posted on the city council's agenda. The city shall not take further action on the application.
(4) A request to withdraw an application after it is placed on a posted agenda or during the city council public hearing is at the city council's discretion. The city council may take any action described in § 3.504(b). The decision of the city council is final.
(c) Subject to the limitations in § 3.506, to re-initiate review, the applicant shall submit a new application and fee.
(Ord. 13896, passed 10-12-1999; Ord. 16948, § 2, passed 5-16-2006; Ord. 22465-10-2016, § 1, passed 10-11-2016, eff. 11-3-2016; Ord. 23024-12-2017, § 4, passed 12-5-2017, eff. 3-17-2018)
When a proposal is denied with prejudice by the city council or when the applicant has withdrawn after a recommendation of denial with prejudice of the proposal by the zoning commission no new applications of like nature shall be accepted by the city or scheduled for a hearing by the zoning commission within a period of 12 months of the date of denial or withdrawal; provided, however, on receipt of written request by the original applicant describing substantially changed conditions in the community since prior consideration of the proposal so as to justify an earlier review of this matter, the city council may waive the mandatory delay period and authorize the acceptance of a new application.
(Ord. 13896, passed 10-12-1999; Ord. 16948, § 2, passed 5-16-2006; Ord. 22465-10-2016, § 1, passed 10-11-2016, eff. 11-3-2016; Ord. 24278-06-2020, § 1, passed 6-23-2020, eff. 7-2-2020)
(a) For designation of planned development (“PD”) districts, see Chapter 4, Article 3.
(b) For designation of conservation (“CD”) overlay districts, see Chapter 4, Article 4.
(c) For designation of historic preservation overlay districts (“HSE,” “HC,” “DD”), see Chapter 4, Article 4.
(Ord. 13896, passed 10-12-1999)