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applications may not be accepted for any property that had a previous application acted upon by the Mayor and Council within one year of the date of that action, except as follows:
A. The application does not involve a request for a plan designation that was denied;
B. There has been substantial change in the use of the property
to the
since the previous case was heard; or,
C. There has been an ownership change on the
and a substantially modified
concept is presented.
The procedure provided in this Section 3.7 applies to text amendments to the
, including text amendments to create or amend the regulations of an overlay
affecting a specific area, but whose provisions are located within the
.
The establishment, amendment, or dissolution of overlay
involving a rezoning of specific properties, as is the case with the Neighborhood Preservation
and the Historic Preservation
, is processed in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure. (Refer to Article 5: Overlay
to determine which overlay must be established, amended and dissolved in accordance with the Zoning Examiner legislative process.)
Text amendments may only be initiated by the Mayor and Council. The Mayor and Council may initiate a text amendment on their own initiative or at the request of the Planning Commission,
staff, or a private individual who has submitted evidence that a public benefit would result from such an amendment. The PDSD is responsible for the development and coordination of a text amendment.
A. Department Responsible
The PDSD is responsible for the development and coordination of a text amendment. Staff shall submit a report and recommendation to the Planning Commission and make copies available to the public prior to the public hearing.
B. Public Outreach and Neighborhood Meeting Required
1. Text Amendments Creating or Enabling an Overlay
A neighborhood meeting in accordance with Section 3.2.2 is required for text amendments to the
that propose creating or enabling an overlay
to apply to specific properties.
2. Text Amendments with Citywide Application
The PDSD staff shall seek input on a proposed text amendment to the
from the public. The manner and extent to which public input is conducted shall be determined by the PDSD
on a per text amendment basis.
C. Application
text amendments do not require submittal of an application.
D. Staff Review and Recommendation
staff shall review each proposed amendment to determine, to the extent applicable, compliance with the
,
, the
, and any other code or regulation that may pertain to the application. When appropriate,
staff may request comments from other agencies, committees or advisory boards. Staff shall prepare and submit a report and recommendation to the Planning Commission and shall make copies available to the public prior to the public hearing.
text amendments are not required to submit an application.
A. Study Session
The Planning Commission may conduct a study session to determine the merits of a proposed amendment. The Planning Commission may remand an amendment to the PDSD for further development or set it for public hearing.
B. Public Hearing and Public Notice (Mailed and Published) Required
At least one public hearing with the Planning Commission on the request is required. Mailed and published notice of the public hearing(s) is required in accordance with Sections 3.2.4.B and E, respectively.
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