(a)
By
planning and zoning commission.
Subject to the applicable provisions of section 14-17-1(2), when the planning and zoning commission considers an application involving a change of zoning classification of property, it may recommend that the subject property be rezoned to a more restrictive zoning classification than was requested in the application. Provided, however, no recommendation regarding rezoning to a more restrictive classification may be made unless the notice given in satisfaction of section 14-17-1(2)(C) indicates that consideration may be given to recommending a more restrictive zoning classification than was requested. Provided further, that any more restrictive classification which is recommended must appear in whichever of the following two groups (group A or group B) contains the requested classification:
(b)
By
city council.
Upon receiving a recommendation from the planning and zoning commission concerning a proposed zoning amendment case involving a requested change in the zoning classification of property, the city council may, subject to the applicable provisions of section 14-17-1(2), rezone the subject property to a zoning classification which is more restrictive than the zoning classification requested. Provided, however, no such rezoning may be enacted unless the notice requirements in section 14-7-1(2) have been met by the planning and zoning commission, and unless the notice provided for in section 14-17-1(2)(D) indicates that consideration may be given to rezoning the subject property to a more restrictive zoning classification than was requested. Provided, further, that the city council may not rezone property under this procedure to a classification that does not appear in whichever of the two groups (group A or group B) set out in section 14-18-1(a) contains the requested zoning classification.
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)
