A. Initiation:
1. The city council may, from time to time, on its own motion or on petition, amend by ordinance the boundaries of zoning districts or the regulations or restrictions of this title. Any proposed amendment initiated by the city council shall first be submitted to the planning and zoning commission for its recommendation and report.
2. The planning and zoning commission may, from time to time, on its own motion or on petition, recommend to the city council amendments to this title or to the boundaries of zoning districts or to the zoning of particular tracts.
B. Optional Preapplication Conference: Any person intending to request a zoning map amendment or zoning code text amendment is encouraged to meet with staff from the department of planning and community development to discuss basic intentions before investing time in detailed plans. The purpose of the preapplication conference is to review the existing zoning, discuss the purpose for the requested amendment, review applicable comprehensive plan and district plan policies that might affect the intended request, and ensure that the applicant is familiar with the review and approval procedures for a zoning map or zoning code text amendment.
C. Submittal Requirements: Unless the zoning map or zoning code text amendment is initiated by the planning and zoning commission or the city council, the following application submittal procedures must be followed:
1. Applications for a zoning map or zoning code text amendment must be filed with the city clerk on application forms provided by the department of planning and community development.
2. Supporting materials must be submitted as specified on the application form and must include a statement from the applicant explaining the reasons and justification for the requested amendment.
3. The city clerk shall forward said application to the department of planning and community development.
D. Staff Review: After receipt of a complete application, the director of planning and community development or designee will forward a written report and recommendation to the planning and zoning commission.
E. Planning And Zoning Commission Review:
1. After receipt of a report and recommendation from city staff, the planning and zoning commission will schedule one or more public meetings to receive public comment regarding the proposed request. The commission will then make a recommendation for approval, approval with conditions, or denial to the city council.
2. If the planning and zoning commission makes no report within forty five (45) days from the date a complete application was received, it shall be considered to have made a report approving the proposed amendment.
3. Not less than four (4) votes shall be required to recommend approval of an amendment to this title or to the boundaries of zoning districts or to the zoning of a particular parcel of land.
F. City Council Public Hearing:
1. After the recommendation and report of the planning and zoning commission have been filed, the city council shall, before enacting any proposed amendment, hold a public hearing in relation thereto. Notice of such hearing, and the time and place of such hearing must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice. The city council may set such public hearing either before or after it submits the proposed amendment to the commission for its recommendation or during the period while the commission is considering such matter.
2. Following the public hearing, the city council shall consider an ordinance implementing the proposed zoning map amendment or zoning code text amendment. In those instances when the city council has reached an informal consensus on a proposed zoning map amendment or zoning code text amendment that is contrary to the recommendation of the planning and zoning commission, the city council will defer formal action on the matter until a discussion has taken place between the city council and the planning and zoning commission. In such instances, if the planning and zoning commission declines the city council's offer to meet, formal action on the matter may commence forthwith.
G. Protests: If a protest against such amendment is presented in writing to the city clerk, duly signed and notarized by the owners of twenty percent (20%) or more of the area of the lots included within the area for which the amendment is proposed or by the owners of twenty percent (20%) or more of the property which is located within two hundred feet (200') of the exterior boundaries of the area for which the amendment is proposed, such amendment shall require the favorable vote of three-fourths (3/4) of the members of the city council for passage.
H. Effect On Development Activity:
1. Regulated Development Activity: When a proposed text or map amendment to this title would prohibit or be counter to a use, building, structure, portion of a building or structure, attachment to a building or structure, demolition of a building or structure or portion thereof, or any other type of development activity for which a permit or license is currently required, the setting of a city council public hearing on the amendment shall suspend the following for sixty (60) days:
a. Issuance of a permit or license for the establishment, conversion, or enlargement of any use that would be counter to or prohibited by the existing code or by the proposed amendment; and
b. Issuance of a permit or license for any land clearing, grading, construction, demolition, or other development activity that would be counter to or prohibited by the existing code or by the proposed amendment; and
c. Any issued permit or license for the establishment, conversion, or enlargement of any use, or for any land clearing, grading, construction, demolition, or other development activity that would be counter to or prohibited by the proposed amendment, if no substantial part of the permitted or licensed use or development activity has begun.
2. Currently Unregulated Development Activity: When a proposed text or map amendment to this title would prohibit or regulate a use, building, structure, portion of a building or structure, attachment to a building or structure, demolition of a building or structure or portion thereof, or any other type of development activity for which a permit is not currently required, the official publication of a notice of public hearing on the proposed amendment shall suspend for sixty (60) days the establishment, conversion or enlargement of any use, or commencement of any land clearing, grading, construction, demolition, or other development activity that would be counter to or prohibited by the proposed amendment, provided no substantial portion of the previously unregulated development activity has begun.
3. Subsequent To City Council Action:
a. If, within the sixty (60) day period, the city council enacts the proposed amendment, this title, as amended, shall apply. Any permit or license for a use or development activity counter to or prohibited by such amendment shall not be issued, or if already issued, shall be revoked, provided no substantial part of the permitted development activity has begun. Any required permit or license for a previously unregulated use or development activity must be obtained prior to continuation.
b. If, at any time in the sixty (60) day period, the city council rejects the proposed amendment or if, by the end of the sixty (60) day period, has not enacted or has rejected the proposed amendment, the suspension shall be terminated. Review of any suspended applications for a permit under the current title shall resume, uses or development activity may proceed under permits or licenses that have already been issued, and unregulated uses or development activity may proceed.
c. No already issued permit or license may be suspended under this subsection more than once, nor shall any property be subject to suspension under this subsection within twelve (12) months of a previous suspension applied to the same property under the same proposed amendment. Said twelve (12) month period will commence from the final day of the sixty (60) day suspension period. (Ord. 05-4186, 12-15-2005)