§ 25-2-283. CITY COUNCIL ZONING HEARING AND ACTION.

(A)

The council shall hold a public hearing on a zoning or rezoning application not later than the 40th day after the date of the Land Use Commission recommendation.

(B)

The director of the Neighborhood Planning and Zoning Department shall give notice under Section 25-1-132(B) ( Notice of Public Hearing ) of a public hearing held under this section.

(C)

Unless the council votes to deny a postponement request, a postponement of the public hearing on a zoning or rezoning application is automatically granted on the first request made by each of the following: staff, the applicant, or one interested party in opposition to the application.

(1)

A postponement request must be written and submitted to the director of the Neighborhood Planning and Zoning Department not later than the seventh day before the scheduled public hearing. The request must specify the reasons for the postponement. The director of the Neighborhood Planning and Zoning Department shall provide a recommendation on the validity of the postponement request.

(2)

The city clerk shall enter an automatic postponement in the minutes with a notation of the identity of the party requesting the postponement.

(3)

Unless otherwise approved by council, an interested party is limited to one postponement for a period of not more than 60 days from the date of the scheduled public hearing.

(4)

The council shall set the time and date of the new hearing at the time a postponement is granted.

(D)

After a public hearing on a zoning or rezoning application, the council may:

(1)

approve the zoning or rezoning application as requested;

(2)

approve a more restrictive zoning classification than requested;

(3)

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

(4)

deny the proposed zoning or rezoning.

(E)

The council may approve the zoning or rezoning of property if the council determines that the zoning or rezoning is consistent with the Comprehensive Plan and the purposes of this title.

(F)

Unless authorized by a resolution of the council, the director of the Planning and Zoning Department may not schedule a zoning or rezoning ordinance for third reading by the council until:

(1)

the city attorney determines that requirements of the City Code have been met and that required documents protect the interests of the City and have been executed. The city attorney shall make a determination regarding the documents not later than the 14th day after the documents are submitted; and

(2)

for an application to rezone a property within the mobile home residence (MH) district designation that contains an existing mobile home park, no earlier than the 270th day after all tenants entitled to notice under Section 25-1-712 ( Tenant Notification Required ) have received the required notification.

(G)

The council may not require a site plan as a condition of zoning or rezoning.

Source: Section 13-1-406(a) through (e) and (h); Ord. 990225-70; Ord. 000309-39; Ord. 010329-18; Ord. 010607-8; Ord. 030807-36; Ord. 031211-11; Ord. No. 20160901-050 , Pt. 7, 9-12-16.