§ 25-2-282. LAND USE COMMISSION PUBLIC HEARING AND RECOMMENDATION.

(A)

The Land Use Commission shall hold a public hearing on a zoning or rezoning application not later than the 60th day after the date the application is filed. The director of the Neighborhood Planning and Zoning Department shall give notice under Section 25-1-132(A) ( Notice Of Public Hearing ) of the public hearing. If the application includes property located within the Waterfront Overlay (WO) combining district, the director shall request a recommendation from the Small Area Planning Joint Committee of the Planning Commission and the Zoning and Platting Commission to be considered by the Land Use Commission at the public hearing. If the Board fails to make a recommendation as required under Section 25-2-715 ( Review and Recommendation of the Small Area Planning Joint Committee of the Planning Commission and the Zoning and Platting Commission ), the Land Use Commission or accountable official may act on the application without a recommendation from the Board.

(B)

The Land Use Commission shall make a recommendation to the council on a zoning or rezoning application not later than the 14th day after the Land Use Commission closes the public hearing on the application.

(C)

The Land Use Commission may recommend that the council:

(1)

approve the application as proposed;

(2)

approve a more restrictive zoning classification than requested;

(3)

approve the proposed classification or a more restrictive classification subject to conditions; or

(4)

deny the application.

(D)

If the Land Use Commission does not adopt a recommendation on an application, the director of the Neighborhood Planning and Zoning Department shall forward the application to council without a Land Use Commission recommendation.

(E)

If the Land Use Commission does not hold a public hearing in accordance with Subsection (A), the applicant may file a written request for a hearing with the director of the Neighborhood Planning and Zoning Department or Land Use Commission.

(1)

If requested, the director of the Neighborhood Planning and Zoning Department shall schedule a public hearing before the Land Use Commission on the first Land Use Commission meeting after the date the request is received for which the director of the Neighborhood Planning and Zoning Department can provide notice under Section 25-1-132(A) ( Notice Of Public Hearing ) of this title.

(2)

The following procedures apply to a public hearing scheduled under this subsection:

(a)

the Land Use Commission shall conduct the public hearing before other business scheduled for the same meeting is considered;

(b)

if more than one public hearing scheduled under this subsection is on an agenda, the Land Use Commission shall conduct the public hearings in the order in which the written requests for the public hearings were received; and

(c)

if a public hearing is not completed on the date it is scheduled, the Land Use Commission shall continue the public hearing to the next and successive meetings of the Land Use Commission until completed.

(3)

The Land Use Commission shall make a recommendation on an application considered under this subsection at the same meeting that the Land Use Commission closes the public hearing on the application, except that, the Land Use Commission may postpone its decision on the application for not more than 14 days with the consent of the applicant.

(F)

The director of the Neighborhood Planning and Zoning Department shall report the Land Use Commission's recommendation on each zoning or rezoning application to the council.

Source: Section 13-1-405; Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. 20090611-074; Ord. No. 20141211-204, Pt. 25, 7-1-15 .