§ 54-37. Rezoning development permit.

(a)

Process.

(1)

Review. No development rezoning permit shall be issued except upon authorization of the board of directors, given after advice of the planning commission.

(2)

Planning commission advice. The planning commission's advice shall reflect whether the applicant has convincingly demonstrated that the proposed zoning:

a.

Will not substantially interfere with the owners' reasonable peace and enjoyment of neighborhood properties;

b.

Will not substantially damage any property value in the neighborhood;

c.

Will be compatible with and respect the context of its location and the character of the surrounding existing neighborhoods;

d.

Will not, whether by the nature of the allowed uses in the proposed zone, or by the allowed siting, height, or design of structures or landscaping in the proposed zone, tend to burden the present or future use of neighboring properties in accordance with current zoning standards;

e.

Is adequately supported by infrastructure, including without limitation, streets and parking; and

f.

Compared to the present zoning of the property, is equally or more consistent with:

(i)

Sound planning of the city's growth; and with

(ii)

Public health, safety, and convenience within the neighborhood.

(b)

Rezoning conditions.

(1)

The planning commission may advise, and the board of directors may adopt or create in the rezoning ordinance, conditions governing the rezoning development permit, such as but not limited to requirements for lot consolidation, lot line adjustment, etc., provided such conditions are ancillary to the zoning district's allowed land uses or regulations contained therein, and the applicant shall acknowledge that its complete performance of the conditions is a necessary and essential inducement for the city's amending ordinance.

(2)

The applicant's failure to fully perform the conditions shall render the development permit void and invalid and of no further effect.

(c)

Notice. Notice of the application for the rezoning development permit shall be as follows:

(1)

By posting no less than 30 days prior the planning commission's schedule review of the application, and maintaining until final disposition, notice of the development permit application, that displays the time, place and date of the planning commission advisory review, or a telephone number and/or web address where the time, place, and date of the hearing may be obtained; and

(2)

By publishing once and by mailing notice of:

a.

The subject of the application, including property address and proposed rezoning, and of

b.

The date, place, and time of the advisory review by the planning commission, which notices shall precede the review date by not less than 15, nor more than 30 days.

(d)

Approval. Approval by the board of directors of a development permit for any zoning or rezoning shall be by ordinance and may be based upon de novo consideration of any benefits and costs of the proposed zoning; provided, however, that:

a.

All presentments to the board by the applicant shall be limited to facts and arguments presented to the planning commission prior to its advice, and that

b.

When fairness requires, the board may remand an application for further presentment.

(Ord. No. 19-11, § 18, 5-7-2019)