Mandatory voter approval by a majority of the City of Lyndhurst is required for the rezoning of property to multifamily use, or the rezoning of ten acres or more to commercial retail use, or the rezoning of less than ten acres to commercial retail use if combined with existing and contiguous land already zoned for commercial retail development which together totals ten acres or more. In any such case, such rezoning shall not become effective until City Council submits such Ordinance, Resolution, or other action to the electorate at a general election, occurring more than ninety days after the passage of the Ordinance, Resolution, or other action. Such issue may be presented at a special election at the request of the applicant or developer requesting such rezoning so long as said applicant or developer pays all costs of the City related to such special election and posts a bond or other guarantee acceptable to the City with the City Finance Director in an amount estimated by the City Finance Director to cover the cost of such special election, and any related costs, taking into consideration any other issue that may be on the ballot of such special election concurrently.
(Enacted 11-5-02.)