(A) In all rezoning petition considerations, the City Council, after considering the recommendations of the Planning Commission and after holding the required public hearing(s), may take any of the following final alternative actions:
(1) (a) Where a concept development plan is required as provided for in this subchapter, the City Council may approve rezoning and concurrently approve a concept plan for the development of the petitioned for property, in whole or in part, with or without changes or conditions, and adopt an ordinance rezoning the property, or the city may, by motion, grant conditional zoning approval, with the rezoning to become effective by passage of an ordinance at a future date when more detailed development plans and/or other information have been approved by the city;
(b) The action of division (A)(1) above represents a zoning commitment by the city with fulfillment based upon a petitioner’s future, more complete proposals for development;
(c) Conditional zoning approval shall be valid for a period of one year or such other time period as set by the City Council. Upon the expiration of such period of time, the City Council, after due consideration of additional material submitted, shall either grant an extension of time or rescind its conditional approval and deny the rezoning petition;
(2) The City Council may grant or deny a rezoning petition outright in whole or in part. They may require the petitioner to execute a development agreement with the city where they deem it appropriate and necessary; and
(3) The City Council may rezone, or agree to rezone, the subject land to any other zone or zones deemed more appropriate when considering the master plan, citizen’s comments, and other factors, and which may allow some, or all, of the petitioner’s requested uses.
(B) The City Council, upon its own initiative and after receiving the recommendation of the Planning Commission, may zone or rezone land:
(1) Where it is determined to be in the best interests of the general public;
(2) As a result of amendments to the county master plan, in order to achieve consistency; or
(3) Where changed conditions, public attitudes, or lifestyles so indicate a need.
(Prior Code, § 52.22) (Ord. 2-92, passed - -1992)