§ 47-364. Action by the mayor and city council.  


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  • (a)

    Public hearing. Before taking action on a proposed amendment and after receipt of the unified zoning board's recommendations, the mayor and city council shall hold a public hearing on the proposed amendment made pursuant to this article, which shall be advertised as stated in section 47-361 and conducted pursuant to section 47-365.

    (b)

    Powers of the mayor and city council. At the public hearing, the mayor and city council shall review the analysis submitted by the initiating party and the recommendation prepared by the unified zoning board. So that the purpose of this chapter will be served, health, public safety and general welfare secured, the mayor and city council may approve or deny the application, reduce the land area for which the application is made, change the district or land use category requested, or add or delete conditions of the application. The mayor and city council shall have the power to impose a different zoning classification from the classification requested, and impose any zoning conditions which ameliorate the impact of the zoning, or serve other lawful purposes of this chapter. The submission of an application for a rezoning shall be deemed notice of this power and consent to any such action. The mayor and city council may also remand the application, if it has been changed or for any reason, to the unified zoning board for further review and recommendation.

    (c)

    Tabling application. The mayor and city council shall have the power to table incomplete applications or to seek more time for further information to be submitted. The action by the mayor and city council to table the application shall include a statement of the date and time of the next meeting at which the application will be considered, which statement shall constitute public notice of the hearing on the application, and no further notice, such as that required by section 47-361, is required. The application can be tabled for up to three months at a time to obtain necessary information or for other reasons of the mayor and city council. The application can be tabled more than once if necessary, extending the duration the application remains on the table.

(Min. of 11-10-2016, § 15.6)