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 Shelby
 Code of Ordinances
 Appendix A. UNIFIED DEVELOPMENT ORDINANCE
 Article VIII. AMENDMENTS

  § 8-4. City council review and adoption.  

Latest version.

  • (A)

    Upon receipt of a recommendation from the planning and zoning board, the city council shall set a date for a public hearing on the proposed amendment. The public notice required for the public hearing shall be in accordance with section 8-5.

    (B)

    At the conclusion of a public hearing on the proposed amendment, the city council may proceed to vote on the proposed amendment, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure.

    (C)

    The city council need not await the recommendations of the planning and zoning board before taking action on a proposed amendment nor is the city council bound by any recommendations of the planning and zoning board that are before it at the time it takes action on a proposed amendment.

    (D)

    The city council is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.

    (E)

    Voting on amendments to this ordinance shall proceed in the same manner as other ordinances.

    (F)

    A city council member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

    (G)

    A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for a rezoning to a special or conditional use district, or a conditional district, or other small-scale rezoning. A draft of such statement shall be prepared by the applicant at the time of application for the consideration of the staff, planning board, and city council

    (H)

    Prior to adopting or rejecting any zoning amendment, the city council shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the council considers the action taken to be reasonable and in the public interest. That statement is not subject to judicial review.

(Ord. No. 1-2006, § 13, 1-9-2006)