§ 98-5. Unified land development code amendments.

(a)

Applications. Application to amend the unified land development code may be initiated by any person, board or agency. The requirements of this section are in addition to the requirements of applicable state law.

(1)

Applications shall be made on the appropriate forms provided by the city.

(2)

Applications shall be submitted no later than four weeks in advance of the regularly scheduled planning and zoning commission meeting in order to be considered at that meeting.

(b)

Notification of public hearing. Notification and advertising for ordinances making textual changes to the land development code shall be as normally required for ordinances under the city Charter and Code, and state law.

(c)

Procedure for public hearing. The following procedures are supplemental to those required by state law. State law shall supersede only where it is more stringent.

(1)

DRC review. The DRC will review the submittal and make recommendations to the planning and zoning commission.

(2)

Planning and zoning commission action. The planning and zoning commission shall for every land development code amendment consider recommendations of the DRC at a public hearing and make its own recommendations to the city council.

(3)

City council action. The city council shall consider recommendations of the DRC and the planning and zoning commission before taking action. However, if the planning and zoning commission fails to take action within 30 days of the rezoning's first consideration by that body, then the city council may take action based upon deemed recommendation of approval from the commission.

(d)

Procedure for public hearing. The following procedures may be supplemental to those required by state law:

(1)

DRP review. The appropriate DRP reviewers shall review and make recommendations on the matter, and such recommendations of such reviewers shall be forwarded to the planning and zoning commission.

(2)

Planning and zoning commission action. The planning and zoning commission shall consider recommendations of the DRP reviewers at a public hearing and make its own recommendations to the city council.

(3)

City council action. The city council shall consider recommendations of the DRP reviewers and the planning and zoning commission before taking action. However, if the planning and zoning commission fails to take action within 30 days of the rezoning's first consideration by that body, then the city council may take action based upon deemed recommendation of approval from the commission.

(LDC 1997, ch. 4, § 1.07; Ord. No. 2008-35, § 3, 11-7-2008)