Evanston City Zoning Code
ARTICLE XIII
Amendments
[Amended by Ord. No. 85-32]
§ 24-106 Authority to make; initiation; zoning of land not otherwise zoned.
The City council, after a report thereupon by the planning and zoning commission and after public hearings as required by law may amend, supplement or change the regulations and zoning districts herein or as subsequently established. A change of zoning may be initiated by the City council, by the planning commission or by petition of property owners. All land within the jurisdiction of the City, including land which is located within one-half mile of the corporate limits, not otherwise designated is zoned agriculture general (A-1). All land subject to this chapter by reason of annexation shall be rezoned to agriculture general (A-1) another district.
§ 24-107 Requests for zoning changes; action on requests by planning and zoning commission and City council generally.
A.
Whenever the City council, the planning and zoning commission or the owner of any land desires a reclassification of his property or a change of land use district or regulations pertaining to property, or zoning of a newly annexed area, or zoning or any unzoned area within the territorial jurisdiction of the City, a request shall be presented to the planning and zoning commission. The form setting forth the request and related facts, circumstances or information shall be filed with the secretary of the planning and zoning commission, together with a fee as set by the City council. The secretary shall acknowledge, in writing, receipt of the request and of such fee and shall thereafter report the request to the planning and zoning commission at its next regular meeting or special meeting following the date of filing.
B.
The planning and zoning commission shall hear the request and take such action as it deems necessary in order to proceed with any studies, surveys or investigations. Following a public hearing conducted by the planning and zoning commission, as required by Wyoming Statutes, 1977, Section 15-1-602, the planning and zoning commission shall report its findings and recommendations on such request to the City council.
C.
All zone changes or zoning of all unzoned areas shall be by ordinance duly adopted by the City council after the City council has received from the planning and zoning commission its report and recommendation.
§ 24-108 Public hearing by planning and zoning commission to satisfy statutory requirements; additional provisions concerning action by City council.
The public hearing conducted by the planning and zoning commission shall satisfy the requirements of Wyoming Statutes, 1977, Section 15-1-602. The City council may, without further public hearings, take action on the report and recommendations received from the planning and zoning commission. All zone changes or zoning of all unzoned areas shall be by ordinance duly adopted by the City council.
§ 24-108.1 Transfer of a conditional use permit.
[Added 7-3-2019 by Ord. No. 19-06]
A.
The Evanston Planning Department may, without a public hearing or review by the Planning and Zoning Commission, approve the transfer or assignment to a subsequent landowner, lessee or tenant a conditional use permit for a site, if the use is the same as the most recently approved conditional use permit and the use by the subsequent landowner, lessee or tenant will comply with the terms and conditions of the permit.
B.
To obtain the approval of a transfer or assignment of a conditional use permit or an existing use, a person shall submit a completed application and fee to the Evanston Planning Department.
C.
If an applicant is unable to obtain the approval of a transfer or assignment from the Evanston Planning Department, the applicant may bring the matter before the governing body for its consideration. The governing body shall have the authority to affirm, reverse or modify the decision of the Evanston Planning Department.