Chapter 17.104 — AMENDMENTS AND DISTRICT OR "ZONE CHANGES"

Any provision of this title may be amended whenever the public necessity, convenience or general welfare require. The Council may by ordinance, after report thereon by the Planning Commission and subject to the procedure of this chapter and State law, change regulations, district boundaries or district classification now or hereafter established by this title, all of which shall be included within the phrase "Change of Zone" for the purpose of this chapter. (Prior code § 19-24(a))

Amendments to this title may be initiated by:

• A. The Council requesting to set a specific matter for hearing and a report to the Council.

• B. The Commission setting a specific matter for hearing.

• C. A zone change petition initiated by the owner of any real property located within the City.

• D. The Planning Director setting a matter before the Planning Commission for hearing. (Prior code § 1924(b))

In a change of zone proceedings, it shall be shown the following circumstances apply:

• A. There are changed conditions since the existing zoning became effective to warrant other or additional zoning.

• B. Proposed change of zone will not adversely affect adjoining property as to value or precedent, and will not be detrimental to the area.

• C. The change of zone will be in the interest or furtherance of public health, safety and general welfare.

• D. That the approval of such change of zone will not adversely affect the Comprehensive Zoning Plan being prepared for the City, or as adopted.

(Prior code § 19-24(c))

In any change of zone proceedings, the Commission may require other information it deems necessary.

(Prior code § 19-24(d))

Upon receipt of a motion by the Council requesting the Commission to set a specific matter for hearing and report to the Council, or upon the motion of the Commission, the Commission shall hold a public hearing in the manner prescribed in Chapter 17.108 . (Prior code § 19-24(e))

Upon receipt of a petition for a zone change, the Director shall set the matter for public hearing in the manner prescribed in Chapter 17.108 . (Prior code § 19-24(f))

• A. If from the facts presented to the Commission at the public hearing or by investigation, the Commission finds the zone change proposal or any modification or portion thereof are warranted, the Commission shall recommend by the affirmative vote of not less than three members of the Commission such zone change to the City Council by formal resolution at the next available City Council meeting following completion of its action. The resolution shall recite, among other things, the reasons which, in the opinion of the Commission, make the approval of the change of zone necessary to carry out the general purpose of this title. Such decision shall be filed with a permanent file and shall be open to public inspection. The Commission shall transmit such resolution to the City Council, together with a copy of all pertinent information contained in the Commission's permanent file.

• B. If a zone change is denied by the Commission, this action is final unless an appeal is filed with the City Clerk as provided in Chapter 17.112 . The Commission shall forthwith transmit a copy of its action to the applicant via certified or registered mail.

• C. Commission Modification of Zone Change. If after a public hearing the evidence, in the opinion of the Commission, shows facts which by the provisions of this title entitle a petitioner to a zone variance or conditional use permit, the Commission may grant leave to the applicant to amend his or her application to be for a variance or Conditional Use Permit and the provisions of this title pertaining to variances or Conditional Use Permits shall apply thereto.

• D. Council Action. Upon City receipt of a Planning Commission resolution recommending approval of a zone change, the Council shall take the appropriate following action:

  1. Refer the matter back with or without instructions to the Commission for further proceedings; or

  2. Set the matter for a public hearing before itself, for which notice shall be given pursuant to State law.

(Prior code § 19-24(g))