Sec. 25-29-10. Rezoning.

(a) Application. Application shall be made in writing on forms provided by the community development department, and accompanied by such data and information as may be prescribed for that purpose. The filing and investigation fee shall be as prescribed by city council resolution.
(b) Public Hearing.
(1) Planning Commission.
(A) Notice. The planning commission shall hold a public hearing on any such proposed rezoning. Notice of the time and place of said hearing including a general explanation of the matter to be considered and including a general description of the area affected shall be given at least ten calendar days prior to the hearing in the following manner.
(i) The notice shall be published at least once in a newspaper of general circulation.
(ii) The notice shall be mailed to all property owners, any part of whose property lies within a radius of three hundred feet of the property which is the subject of the proposed rezoning, using for this purpose the names of such owners as shown on the last equalized assessment roll, or alternatively, from such other records of the assessor or tax collector as contain more recent addresses. In addition, if warranted in the determination of the community development director, notice shall be provided by conspicuously posting the subject property for at least ten days prior to the hearing.
(iii) In the event that the number of owners to whom notice would be sent is greater than one thousand, the city may, as an alternative to the notice required by two above, place a display advertisement of at least one-fourth page in a newspaper having general circulation within the area affected by the proposed rezoning.
(B) Planning Commission Action. After the public hearing, the planning commission shall render its decision in the form of a written recommendation to the city council. If, from the facts presented at the public hearing, the commission is satisfied that the proposed change conforms to the general plan, the commission may recommend such change to the city council.
(C) Appeals. The applicant or any other person not satisfied with the denial of the request by the planning commission, within ten calendar days following the decision, may appeal in writing to the city council. Said appeal shall be accompanied by a filing fee as prescribed by city council resolution. At its next regular meeting after the filing of such appeal. The city council shall set a date for a public hearing and shall given notice thereof in the manner provided in subsection (b)(1)(A) of this section.
(2) City Council. If the planning commission has recommended against the proposed rezoning the city council shall not be required to take any further action thereon unless an appeal is filed pursuant to subsection (b)(1)(C) of this section.
(A) Notice. Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing. Notice of the time and place of said hearing shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission as specified in subsection (b)(1)(A) of this section.
(B) City Council Action. The legislative body may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed ordinance by the legislative body not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty days after the reference, or such longer period as may be designated by the legislative body, shall be deemed to be approval of the proposed modification.
(C) Withdrawal of Petition. The planning commission or the city council may permit the withdrawal of any petition filed under the provisions of this section. The planning commission or the city council may abandon any proceedings for a rezoning initiated by its own resolution, provided that such abandonment may be made only when such proceedings are before such body for consideration and provided further that any hearing shall be held for which public notice has been given.
(D) Renewal of Petition. If a petition for rezoning is denied by either the planning commission or the city council another petition for change to the same zoning district shall not be filed within a period of one year from the date of denial, except upon the initiation of the city council, or with the permission of or upon the initiation by the planning commission after a showing of a change of circumstances which would warrant a renewal.
(E) Building Permits. No official action such as the issuance of a building permit, license, or other type of permit shall be taken while an appeal or proceedings for a rezoning is pending. (Amended during the March 2009 supplement.)