Division 7 — ZONING ORDINANCE AMENDMENT OR ZONE CHANGE

The zoning map and zoning regulations of this chapter may be amended by changing any property from one (1) zone to another, imposing any new regulation, or deleting or modifying any existing regulation, in accordance with the procedures set forth in this division.

• (Ord. No. 24-03, § 2, 9-17-24)

(a)

Criteria for zoning ordinance amendment or zone change. In their review and action on a proposed zoning ordinance amendment or zone change, the community development director, planning commission and city council shall consider the following:

(1)

The proposed amendment or zone change shall be in conformity with the general plan map and text, and other development policies of the city.

(2)

The proposed amendment or zone change is appropriate for the property or properties which will be affected by such action, with consideration given to access, size of parcel(s), relationship to similar or related uses, and other considerations deemed relevant by the commission and council.

(3)

The proposed amendment or zone change is necessary and proper at this time, and is not likely to be detrimental to property or residents affected by such action.

(b)

Procedure for zoning ordinance amendment or zone change. Where required by this chapter, a zoning ordinance amendment or zone change review is conducted by the commission and council following the community development director's review and report of findings to the commission. The commission considers the application and forwards a recommendation to the council, which has final decision-making authority. Figure 29-328.1 illustrates the zoning ordinance amendment or zone change process described below:

(1)

Application.

a.

A zone change or change in the boundaries of any zone may be initiated by the owner of property proposed for rezoning or the agent of any of the foregoing, duly authorized in writing by filing a petition with the community development director. If the property for which a change of zone is proposed is under multiple ownership, all the owners or their authorized agents shall join in filing the application.

b.

The application shall be made by petition on forms furnished by the community development department and shall include such data and information as may be prescribed by the commission to assist in determining the validity of the request and the manner in which it meets the criteria set forth in this division. The petition shall be verified before a notary public by the applicant and by the property owner and the date of verification shall be noted on the petition. An incomplete application shall not be accepted for filing.

c.

A zone change or change in the boundaries of any zone or an amendment to the zoning ordinance regulations may be initiated by order of the planning commission or city council or the community development director.

(2)

Filing fee. When a petition for a change of zone or an amendment to the zoning ordinance regulations is filed, a fee as established by the city council shall be paid for the purpose of defraying the costs incidental to the proceedings.

(3)

Staff investigation. The community development director shall investigate the facts bearing on the proposed amendment to provide information necessary to assure action consistent with the intent of this

chapter and the general plan, and shall report the findings to the commission.

(4)

Planning commission hearing.

a.

Public hearing required. Upon receipt of the report of the community development director, the planning commission shall hold a public hearing on the proposal.

b.

Notice. Notice of public hearing shall be given in accordance with division 2 of this article.

c.

Commission action. After the conclusion of the public hearing, the commission shall announce and record its decision to recommend either approval or disapproval of the proposal and shall set forth findings in support of the recommendation. The commission may reduce but shall not enlarge the area of a proposed zone change in any way, unless proper notice and publication of the enlarged area is made.

d.

Filing of decision with council. Said decision shall be filed with the city council and a copy thereof shall be mailed to the petitioner at the address shown on the petition.

(5)

City council hearing.

a.

Public hearing. Upon receipt of the recommendation of approval of the planning commission, the city council shall hold a public hearing on the proposal. However, if the matter under consideration is a zone change, and the commission has recommended against the adoption of such amendment, the council shall not be required to take any further action on the amendment unless an interested party requests a hearing by filing a written request with the city clerk within ten (10) days after the commission files its recommendations with the council.

b.

Notice. Notice of the council hearing shall be given as provided in division 2 of this article.

c.

Action by council. The council may approve, modify or disapprove the recommendation of the commission, provided that any modification of the proposed ordinance or amendment by the council not previously considered by the commission during its hearing shall first be referred to the commission for report and recommendation. The commission shall not be required to hold a public hearing thereon. Failure of the

commission to report within forty (40) days after the reference, or such longer period as may be designated by the council, shall be deemed to be its approval of the proposed modification. The council may reduce but shall not enlarge the area of a proposed zone change in any way unless proper notice and publication of the enlarged area is made.

(6)

Reapplication. No person shall reapply for a similar zone change on the same land, building, or structure within a period of one (1) year from the date of the final decision on such previous application unless such decision is a denial without prejudice.

Figure 29-328-1. Zone Change and Zoning Ordinance Amendment Procedure

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(Ord. No. 24-03, § 2, 9-17-24)

The city may pre-zone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such pre-zoning shall be as provided by this chapter for zoning within the city. Such zoning shall become effective at the same time that the annexation becomes effective. If the city has not prezoned territory which is annexed, section 29-47 of this chapter shall apply.

(Ord. No. 24-03, § 2, 9-17-24)

No zoning ordinance including zone changes may be adopted or amended within an area covered by a specific plan unless it is consistent with the adopted specific plan.

(Ord. No. 24-03, § 2, 9-17-24)

Secs. 29-331—29-333. - Reserved.