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Amendment to Rules of Procedure, Rule 29
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29. Public hearings for zoning bills
29.1 Except as provided in Rule 29.2 to the contrary, U upon introduction of any zoning ordinance not accompanied by a recommendation of the Planning Commission, such ordinance shall be referred to the Planning Commission. The Clerk shall advertise such ordinance for public hearing and second reading; however, no action shall be taken by the Council on second reading and no public hearing shall be held by the Council until the recommendation of the Planning Commission has been submitted to the Metropolitan Clerk or at least 30 days has elapsed from the date of referral to the Planning Commission following first reading without a recommendation.
29.2 Following the introduction of a large-scale zoning ordinance or a countywide zoning text amendment ordinance and passage on first reading, the proposed ordinance must be deferred at least 60 days to allow for thorough consideration and community input. The Clerk, as soon as practicable, shall advertise such ordinance for public hearing and second reading; however, no action shall be taken by the Council on second reading and no public hearing shall be held by the Council until at least 60 days have elapsed from the date of passage on first reading. For purposes of this rule, a large-scale zoning ordinance shall mean an ordinance that proposes to rezone twenty-five (25) or more parcels or ten (10) or more acres of land. This rule shall not apply to ordinances where all of the owners of property proposed for rezoning have signed on to the zoning application. Rezoning includes proposals to change the base zoning district or to apply, remove, or amend an overlay district.
29.3 Public hearings on zoning bills shall be held at the first meeting of each month, provided that no zoning public hearing shall be held at the first meeting in June. This rule shall not preclude
any other matters from being considered on the first meeting of each month. Public hearings on zoning bills may be held at any other Council meeting if the Vice Mayor determines circumstances warrant holding additional public hearings.
Agenda Analysis
Analysis
This proposed rule amendment would amend Rule 29 of the Council Rules of Procedure, which provides for rules regarding public hearings for zoning bills. The amended rule would require large-scale zoning ordinances or countywide zoning text amendments to be deferred at least 60 days after introduction and passage on first reading to allow for thorough consideration and community input. For purposes of this rule, a large-scale zoning ordinance shall mean an ordinance that proposes to rezone 25 or more parcels or 10 or more acres of land.
The Metropolitan Clerk, as soon as practicable, shall advertise this ordinance for public hearing and second reading. However, the Council shall not hold a public hearing or take action on the legislation on second reading until 60 days have elapsed from passage on first reading.
This rule would not apply to ordinances where all of the owners of property proposed for rezoning have signed on to the zoning application.
If this rule amendment is adopted, it will provide for a longer time period between first reading and second reading for a subset of zoning matters than what is required by Charter. Section 18.02 of the Metropolitan Charter already provides that the Council shall not pass a revision, modification, or change to the Metropolitan Zoning Code on second reading unless the Planning Commission has made a recommendation on the matter or 30 days have elapsed since the Planning Commission received the proposal.