Division 5 — CHANGE OF ZONE AND ZONING ORDINANCE TEXT AMENDMENTS

In recognition of that fact that physical, economic, and other conditions in the city may change over time, provisions are made to allow for amendments to the zoning map and zoning ordinance text in accord with the procedures outlined in this Division 5. All such changes of zone or zoning ordinance text amendments shall be adopted in the manner in which other city ordinances are adopted.

(Ord. 544 § 1(part), 2000).

A.

Applications for a change of zone or zoning ordinance text amendment may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B.

In the case of a change of zone application, if the property for which the change of zone is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application.

C.

The city council may initiate an application to change the boundaries of any zone district or to amend the text of the zoning ordinance.

(Ord. 544 § 1(part), 2000).

A.

A public hearing before the planning commission shall be noticed and conducted pursuant to the provisions of Division 3 (Public Hearings) of this Chapter 19.39.

B.

At the public hearing, the planning commission shall review the application and proposal and receive evidence as to how or why the proposed change of zone or zoning ordinance text amendment is consistent with the objectives of this Title 19, the general plan, and development policies of the city.

C.

The planning commission shall act by resolution to recommend to the city council approval, approval with modifications, or denial of the proposed application.

D.

The commission's resolution shall include its recommendation and shall be transmitted to the city clerk for scheduling the matter for consideration by the City Council.

(Ord. 544 § 1(part), 2000).

A.

Denial of a Change of Zone. Upon receipt of a planning commission resolution recommending denial of a change of zone, the city clerk shall place the commission's resolution on the city council agenda as a receive-and-file item. The commission's decision shall be considered final and no further action by the council will be required unless an appeal is filed in accordance with the provisions of Division 4 (Appeals and Revocations) of this Chapter 19.39, or unless the council chooses to set the matter for hearing.

B.

Approval of a Change of Zone and Approval or Denial of a Zoning Text Amendment.

Upon receipt of a planning commission resolution recommending approval of a change of zone or zoning ordinance text amendment, or denial of a zoning ordinance text amendment, the city clerk shall set the matter for hearing before the city council as provided for in Division 2 (Public Hearings) of this Chapter 19.39.

At the hearing, the city council shall review the commission's recommendation and receive evidence as to how or why the proposed change of zone or zoning ordinance text amendment is consistent with the objectives of this Title 19, the general plan, and development policies of the city.

The city council shall act to approve or deny the application.

If the council proposes any substantial modification to the application not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within forty days of receiving the council's request shall provide the council with authority to act without the commission's recommendation.

(Ord. 544 § 1(part), 2000).

The city council shall be required to make the following findings of fact before approving a change of zone or zoning ordinance text amendment:

A.

That the proposed change of zone or zoning ordinance text amendment is consistent with the goals, policies, and objectives of the general plan; and

B.

That the proposed change of zone or zoning ordinance text amendment will not adversely affect surrounding properties; and

C.

That the proposed change of zone or zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Title 19.

(Ord. 544 § 1(part), 2000).