A. Purpose: It may be necessary or advisable, from time to time, to amend the text of this title, unified development code. This section explains the method for amending the development code. Requests to change a regulatory zone affecting a parcel of land, or a portion of a parcel, are processed under section 9-5-1, "Master Plan Amendments", of this chapter.
B. Requirements For Application:
1. Initiation Of Text Amendment: An owner of real property within the city, or the property owner's authorized agent, may request an amendment through an application. Such text amendments may also be initiated by the planning commission, city staff and the city council.
2. Application: When the owner of the affected property requests an amendment to these regulations, an application for such amendments shall be obtained from the planning and redevelopment director and by paying the application filing fee. Before any application is made, the applicant is encouraged to confer with the planning and redevelopment director to discuss, in general, the procedures and requirements for an amendment request pursuant to these regulations.
a. Information Required: When the applicant seeks to amend the text of these regulations, the applicant shall complete the form provided by the planning and redevelopment director, which requires the applicant to provide a typewritten copy of the proposed changes to the regulations in a format clearly indicating the proposed changes and the reasons supporting the amendment and the specific circumstances, if any, requiring the change.
3. Completeness: No development code amendment shall be processed until the information necessary to review and decide upon the proposed development code amendment is deemed complete by the planning and redevelopment director.
C. Planning And Redevelopment Director Review And Report: The planning and redevelopment director shall review each proposed development code amendment in light of the approved findings of subsection E3 of this section and, as deemed necessary, distribute the application to other reviewers. Based on the results of that review, the planning and redevelopment director shall provide a report and recommendation to the planning commission. If no planning commission exists, the report and recommendation shall be provided to the city council.
D. Public Hearing Notice: The planning commission, if one exists, shall hold a public hearing on each proposed amendment. Notice for all development code amendments shall be given in accordance with the provisions of this section.
1. Notice In The Newspaper: A notice setting forth the date, time and place of the public hearing shall be published in a newspaper of general circulation in Clark County not less than ten (10) days prior to the public hearing date, pursuant to subsection 9-4-2A of this title.
E. Planning Commission Review And Recommendation: The planning commission, if one exists, shall review a development code amendment in conformance with this section.
1. General Provisions: The planning commission shall conduct at least one public hearing with notification for the purpose of receiving oral and written evidence relative to the application. The evidence shall be reviewed to determine if the proposed development code amendment is consistent with the Mesquite master plan. The planning commission shall recommend approval or denial of the application based on the results of this review.
2. Action: The planning commission may take action to recommend approval or deny the development code amendment request. A recommendation of approval of the development code amendment shall be by resolution of the planning commission, carried by a simple majority vote of the quorum present.
3. Findings: When making its recommendation to the city council for approval or denial, the planning commission shall, at a minimum, make at least one of the following findings of fact:
a. Consistency With Master Plan:
(1) Approval: The proposed development code amendment is consistent with the goals and policies of the Mesquite master plan.
(2) Denial: The proposed development code amendment is not consistent with the goals and policies of the Mesquite master plan.
b. Promotes The Purpose Of The Development Code:
(1) Approval: The proposed development code amendment will not adversely impact the public health, safety or welfare, and will promote the original purposes and intent of the development code.
(2) Denial: The proposed development code amendment would adversely impact the public health, safety or welfare, and will not promote the original purposes and intent of the development code.
c. Responds To Changed Conditions:
(1) Approval: The proposed development code amendment responds to changed conditions or further studies that have occurred since adoption by the city council, and the requested amendment allows for a more desirable use and management of land within the land use and zoning districts.
(2) Denial: The proposed development code amendment does not respond to changed conditions or further studies that have occurred since adoption by the city council, and the requested amendment does not allow for a more desirable use and management of land within the land use and zoning districts.
4. Effect Of Planning Commission Denial: In the event the planning commission denies a development code amendment application, that action is final unless appealed to the city council, in accordance with subsection 9-4-9B of this title.
5. Planning Commission Report: A report describing the amendment, discussion at the public hearing, and recommendation and vote of the planning commission shall be transmitted to the city council. If the planning commission does not recommend approval, it should state why it could not make the findings for approval in subsection E3 of this section.
F. City Council Review And Decision: The city council shall review a development code amendment in accordance with the provisions of this section.
1. Time Period For Hearing: The clerk of the city council shall schedule a public hearing before the city council on a recommendation of approval or the appeal of a denial by the planning commission. Development code amendments are adopted by ordinance, which require first and second readings. The second reading comprises the public hearing.
2. Notice Of Hearing: The public hearing shall be noticed as required by subsection D of this section.
3. City Council Action:
a. If no planning commission exists, final action to approve the development code amendment shall require a simple majority vote of the quorum present. The city council shall refer to the findings listed under subsection E3 of this section.
b. If the city council is considering a recommendation of approval, it may take final action to adopt the development code amendment. Final action to adopt the amendment shall require a simple majority vote of the quorum present.
c. If the city council is considering an appeal from a denial of a development code amendment request, it may use the record and any additional evidence relative to the application and may confirm or reverse the denial based upon its interpretation of the findings required and the evidence submitted. Final action to confirm or reverse denial of the development code amendment shall require a simple majority vote of the quorum present.
d. The final action by the city council shall be final for purposes of judicial review.
G. Written Record: When taking final action on the planning commission's or planning director's recommendation, the city council shall make part of the record their affirmation or rejection of the findings of fact provided in the planning commission's or planning director's final recommendation, as well as any other findings of fact that the city council deems to be relevant.
H. Appeals Of City Council Decision: Appeals of the city council's decision on development code amendments shall be made to the courts, as provided by law. (Ord. 434, 2-23-2010)