§ 8.3. City council approval or denial.

The council may take the following actions concerning the matters outlined in section 8.1:

A.

Approval of an item. The city council may approve the request or amendment either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law. Such approval of any request for a text amendment to this Unified Development Code or a zoning change and map amendment shall be granted only if the city council determines that the request or amendment is consistent with the comprehensive plan and the purposes of this Unified Development Code. In the event the request or amendment concerns a text amendment to this Unified Development Code or a zoning change and map amendment, the city council shall enact an ordinance amending this Unified Development Code or amending the official zoning map, whichever is applicable.

B.

Denial of an item. The city council may deny a request or amendment with prejudice. If a request or amendment is denied with prejudice, a new application may be submitted for the same lot or tract of land, or any portion thereof, within one year only if the new request is for a more restrictive or less intense use or development. For applications pertaining to a change of zoning and map amendment, a new proposal may not be submitted unless it is more restrictive or less intense than the previously denied proposal for any tract of land, or any portion thereof, for a period of one year from the denial date. If a request or amendment is denied by the city council without an indication of "with" or "without" prejudice, then the action shall be considered to be "denied with prejudice."

C.

Denial without prejudice. The city council may deny the request or amendment without prejudice, in which case an application for the same request may be filed at the applicant's discretion.

D.

Reapplication due to changed conditions. A request or amendment, which has been previously rejected with prejudice by the city council, may be resubmitted within one year only if there is an actual change in conditions relating to the tract or parcel of land or the property surrounding it. In this event, the applicant must submit to the director of planning and zoning, in writing, a request describing such changed conditions. The director of planning and zoning shall investigate the claim and report to the planning and zoning commission whether or not such change of conditions exist. Upon hearing this report, the planning and zoning commission shall either grant or deny the request to refile the request or amendment.

(Ord. No. 18-24, § 1, 5-7-2018)