Title 18 - Unified Development Ordinance

18.140.120 Consideration of Zoning Text Amendments

1. A.
   Public hearing required.

   Consideration of zoning text amendments shall require a public hearing before the Planning Commission following publication notice as provided in Section 18.140.070.

2. B.
   Action by Planning Commission.

   A vote either for or against a zoning text amendment by a majority of all of the Planning Commissioners present and voting shall constitute a recommendation of the Planning Commission. If a motion for or against the zoning text amendment fails to receive a majority vote, the Planning Commission may entertain a new motion. A tie vote, or the failure to obtain a majority vote on any motion, shall constitute a recommendation for denial. The Planning Commission recommendation to approve or disapprove shall be submitted to the Governing Body for action, accompanied by an accurate written summary of the hearing proceedings. A recommendation to approve a zoning text amendment shall be submitted in the form of an ordinance.

3. C.
   Governing Body action upon Planning Commission recommendation.

   1. 1.
      When the Planning Commission submits a recommendation to approve a zoning text amendment and the Governing Body approves that recommendation, then the Governing Body shall adopt the submitted ordinance. When the Planning Commission submits a recommendation to disapprove a zoning text amendment and the Governing Body approves that recommendation, no further action need be taken by the Governing Body and the application shall be deemed terminated.
   2. 2.
      Upon receipt of a recommendation of the Planning Commission which the Governing Body disapproves, the Governing Body shall either override the Planning Commission's recommendation by the affirmative vote of nine (9) or more members of the Governing Body, or return such recommendation to the Planning Commission for further consideration, together with a statement specifying the basis for disapproval. A failure to obtain a vote necessary to approve or override the Planning Commission's first recommendation shall constitute a disapproval. Requests for amendments or modifications which constitute substantial changes, or requests for clarification by the Planning Commission, shall be treated as disapprovals for purposes of these procedures unless they are approved by the affirmative vote of nine (9) or more members of the Governing Body.
4. D.
   Applications returned to Planning Commission.

   Upon receipt of an application returned by the Governing Body, the Planning Commission may resubmit its original recommendation giving the reasons therefor or submit a new or amended recommendation. If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission's next regular meeting after receipt of the Governing Body's statement specifying disapproval, the Governing Body may consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly. For purposes of this subsection, the "receipt" of the Governing Body's statement of disapproval shall be deemed to occur on the date of the first Planning Commission meeting on which the returned item is placed on the agenda for consideration.

5. E.

   Reconsideration by Governing Body.
   Upon receipt of the Planning Commission's recommendation after reconsideration, or if no action is taken at the next regular meeting following the Planning Commission's receipt of the Governing Body's disapproval of the prior recommendation without a new recommendation being submitted, the Governing Body may take such action as it deems appropriate, including approval, disapproval or amendment of the application and adoption as amended, or the Governing Body may return the same to the Planning Commission for further consideration. Unless the Governing Body returns the application to the Planning Commission for further consideration or continues its consideration of the matter to another date, the Governing Body's action on the application shall constitute a final decision.

(History: Ord. ZRR-2454 §3, 2003; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901