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Lafayette City Zoning Code

SECTION 26

30.- AMENDMENTS

Sec. 26-30-1.- Power to amend.

The city may, from time to time, amend the number, shape or boundaries of any zone district or any regulation within such district, or any other provision of this chapter. Planned unit developments, as described in section 26-18, and zoning/rezoning, as described in section 26-16, shall be amendments to the zone district map.

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 1989-35, § 6, 6-20-89; Ord. No. 1998-29, § 38, 8-18-98; Ord. No. 2000-43, § 7, 11-21-00)

Sec. 26-30-2. - Procedure.

Other than planned unit development requests, which shall be processed as described in section 26-18, and zoning/rezoning requests, which shall be processed as described in section 26-16, amendments to this chapter shall be considered by the city council only when the following requirements have been complied with:

(a)

Requests for any amendment to this chapter may only be presented by an owner of real property within the area proposed for change, city staff, the city planning commission or the city council.

(b)

Each request shall be submitted to the city planning commission for a public hearing noticed in accordance with section 26-16-9(b) and (d). The planning commission shall review the proposed amendment based on the procedure noted in section 26-16-8.1(d), with the exception that the planning commission may deny the proposed amendment. If the planning commission denies the proposed amendment the applicant may appeal the planning commission's decision to city council. Such appeal shall be filed with the department of planning and building, in writing, within fourteen (14) days following the planning commission's decision and shall include the following information: name of person submitting the appeal; date of the appeal; and a statement requesting the appeal along with a statement of the desired outcome.

A denial by the planning commission may also be called-up and reviewed by initiation of the city council upon the request of three (3) city council members. In the case of a call-up, the call-up shall be initiated by city council at a regularly scheduled city council meeting occurring no later than the second regularly scheduled city council meeting after the planning commission decision.

(c)

Requests for amendment shall be submitted no less than thirty (30) days prior to the planning commission meeting at which the applicant desires the request to be heard. Any of the foregoing notwithstanding, the planning director shall have the discretion to schedule the application for the next planning commission meeting at which adequate time shall be available to consider the application in accordance with good planning practice and in consideration of then-existing agenda items.

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 1989-35, § 7, 6-20-89; Ord. No. 1998-29, § 39, 8-18-98; Ord. No. 2000-43, § 8, 11-21-00; Ord. No. 2006-24, §§ 7, 8, 6-6-06; Ord. No. 2011-33, § 14, 9-20-11; Ord. No. 2019-06, § 3, 2-19-19)

Editor's note— Sec. 2 of Ord. No. 2017-54, adopted Nov. 27, 2017 allowed for § 26-30-2 to be amended to be consistent with the provisions of said ordinance. Sec. 1 of Ord. No. 2017-54 states:
"Notwithstanding the procedures set out in sections 26-16-8.1 and 26-30-2 of the Lafayette Code of Ordinances, City Council may consider and enact amendments to section 26-22.1 of the Lafayette Code of Ordinances pertaining to the land use regulation of oil and gas development activities without such proposed amendments first being submitted to the City Planning Commission for a planning commission public hearing and the City Council shall, however, hold its own public hearing on such proposed amendments, as required by the Code of Ordinances.
This provision will be automatically repealed without further action of the City Council on December 31, 2018.

Sec. 26-30-3. - Hearing.

Other than planned unit development requests, which shall be processed as described in section 26-18, prior to the final adoption of any amendment to this chapter, the city council shall hold a public hearing thereon in conjunction with the ordinance amending the zone district map or pertinent provision(s) of this chapter.

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 1989-35, § 8, 6-20-89; Ord. No. 2000-43, § 9, 11-21-00)

Sec. 26-30-4. - Fee.

For all proposed amendments to this chapter, except for amendments proposed by the city council or the planning commission, a fee as set by city council resolution shall be charged.

(Ord. No. 1986-01, § 2, 2-4-86)