Chapter 25 ZONING ORDINANCE.
Article 29. Amendments and Zone Changes.
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.
(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
(i) The notice shall be published at least once in a newspaper of
(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
(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
(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
(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
(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.)