Chapter 17.82 — AMENDMENTS TO ZONING MAP

A.

Intent and Purpose. To accommodate changing conditions over time, the "zoning map" may be amended or changed in the manner prescribed by law if justified by the purposes, intent or provisions of the general plan and by public necessity, convenience, general welfare, and good zoning practice.

B.

Definitions.

1.

Numerical Qualifier. A number attached to the R-S and R-M District classifications and representing the minimum lot area per dwelling unit permitted in that district as expressed in square feet.

2.

Zoning Map. The location and boundaries of the districts established by this chapter shall be shown on designated official maps which are herein referred to as the zoning map and which are hereby incorporated as a part of this chapter. The zoning map and all amendments thereto, shall be as much a part of this chapter as if fully set forth and described in this chapter.

3.

Building Line. A line, established by law or agreement usually parallel to the property line, beyond which a structure may not extend.

4.

Planned Street Line. The proposed boundary of a street or highway as shown on the planned street line map or as otherwise designated in this chapter.

C.

Authority of the Commission. Subject to the provisions of this chapter, the planning commission may recommend the change or establishment of zones, zone boundaries, temporary classifications, building lines, planned street lines, or any combination thereof.

D.

Initiation.

1.

An amendment to change the zoning map may be initiated by:

a.

Commission or council, by motion or resolution.

b.

Owners or bona fide lessees of property within the area proposed to be changed.

2.

Application for zone change amendments shall not be accepted unless the lot area involved is at least ten thousand (10,000) square feet and the frontage is at least one hundred (100) feet, unless the applicant wishes a minor extension of existing zone.

E.

Notification. See Section 17.70.050(F) and application form for particular procedure.

(Prior code § 080.40)

A.

Types of Recommendations. The planning commission shall consider the reports, recommendations and evidence presented and it may make the following recommendations:

1.

Approval of the application as filed.

2.

Modification of the application. Recommendation may include granting of a change other than that requested, but any such change must be of equal or lesser intensity than that originally requested. Slight zone boundary adjustments and additions are also permitted.

3.

Disapproval of the application.

4.

Action postponed. Time extension agreed to if necessary.

5.

Action postponed pending general plan study.

6.

Failure to act. See Section 17.70.070.

B.

Findings. Each recommendation shall be supported by written findings showing specifically how the recommendation meets the criteria and requirements set forth in this chapter, including conformance with the intent and purposes of the general plan and the regulations of the applicable district.

C.

Conditions—Tentative Zone Change. When the planning commission or city council finds that an application for a zone change is consistent with the objectives of this chapter, provided certain dedications of land, waivers of access, or installations of improvements in a public right-of-way or on private property are completed or security for improvements is offered and accepted within a specified time period, it shall recommend or adopt the zone change subject to compliance with specified conditions. In such cases, the

ordinance changing the zone of the property concerned shall, instead of immediately and finally rezoning the property, place it in the (T) tentative zone change classification. The property shall remain in such temporary classification until such time as the rezoning proceedings either terminate or are completed in accordance with the provisions of Chapter 17.42.

D.

Time Limit—Recommendation.

1.

When a proceeding is initiated by other than the planning commission or city council, all required proceedings shall be completed and the commission shall file its report and recommendation within sixty (60) days of the filing date, or such longer period up to an additional sixty (60) days as may be mutually agreed upon in writing between the commission and the applicant. The commission may unilaterally extend the time limit beyond the first or second period for up to an additional one hundred eighty (180) days when it determines and justifies in writing that a valid reason exists for delay in order to obtain legal opinion or to conduct special research which is essential to determining the matter involved. No appeal from this commission extension is allowed.

2.

If the proceeding is initiated by the city council, the commission shall file its report and recommendation within sixty (60) days of the council's request, plus any extension up to an additional one hundred eighty (180) days as the council may specify.

3.

If the proceeding is initiated by the commission, the commission shall make it recommendation within sixty (60) days, plus any extension up to an additional one hundred eighty (180) days.

E.

Effective Date—No Appeal Filed. When the commission disapproves an application and no appeal is filed, its recommendation on any portion which is disapproved shall become effective upon the close of the appeal filing period (fifteen (15) days) . If the commission fails to act on the matter, see Section 17.70.070. All other recommendations by the commission on zoning map changes are subject to council approval before becoming effective. An ordinance in conformity with the commission's recommendation shall be prepared and presented with the file to the council. The council shall act on the proposed ordinance within a time period up to one hundred eighty (180) days from the date of transmittal to the council.

F.

Council Fails to Act. If the council fails to act within the prescribed time limits, the action of the commission shall be deemed approved.

(Prior code § 080.41)

A.

Commission Fails to Act. If the commission fails to act on an application within the prescribed time or after an authorized extension, the commission shall prepare an ordinance in conformity with the application and submit it to the council as expeditiously as possible, for determination by majority vote.

B.

Procedure—Transfer of Jurisdiction.

1.

When a matter is transferred, the city council shall be governed by the same procedural and time requirements as apply to an original proceeding.

2.

When the city council assumes jurisdiction, the planning commission shall lose jurisdiction in the matter. The commission shall make such investigations and furnish such reports as the city council may request. The commission shall transmit the relevant files to the council and may file a statement of facts pertaining to the matter.

3.

The matter may be remanded by the council in which case the commission shall regain jurisdiction. If the file is remanded, the time period shall not exceed that allowed to the council on transfer. If after a remand and expiration of the time specified, the commission still fails to act, the original application shall be deemed denied and is not subject to appeal.

C.

Council Fails to Act. If the council fails to act within the prescribed time limit, on any matter transferred to it, the original application shall be deemed denied and no appeal may be taken.

D.

Effective Date—Transfer of Jurisdiction.

1.

If the council approves an application after transfer of jurisdiction, an ordinance conforming to council action shall be prepared and submitted to the city attorney for approval as to form and legality.

The action shall become effective thirty (30) days after publication of the ordinance in conformity with the council action.

(Prior code § 080.42)

A.

Appellants. An appeal to the council from a disapproval by the commission of an application may be filed by the original applicant.

B.

Procedure—Appeal.

1.

When an appeal is filed, the commission shall transmit its record of the matter to the council.

2.

The council shall base its determination on appeals only upon. the evidence and testimony introduced at any hearing or hearings held by the commission and upon the commission's record, findings and recommendation.

3.

If the original applicant or the appellant who wishes to offer into the proceedings any new evidence or testimony, a written summary stating why such evidence or testimony could not have been presented during the original consideration, shall be filed. If the council determines that such evidence could not reasonably have been presented earlier and is of such nature as might reasonably have led to a different determination, the matter shall be remanded to the commission. The commission shall reopen the matter and make a determination before expiration of the time period allotted to the council.

4.

If the planning commission fails to act on remand after appeal, the matter is deemed denied and is not subject to further appeal.

C.

Time Limit—Council Action. Council shall act on appeal matters concerning zoning map changes within one hundred eighty (180) days from the close of the appeal filing period.

D.

Council Vote. Council may adopt an ordinance substantially modifying or reversing the commission only upon a four-fifths vote of the whole council.

E.

Council Fails to Act on Appeal. If the council fails to act upon an appeal concerning zoning map changes within one hundred eighty (180) days, it shall be deemed a denial of the appeal and the action of the commission shall stand.

F.

Effective Date—Council Action.

1.

If an appeal is denied by council, its decision is final.

2.

If an appeal is granted by council, an ordinance conforming to council action shall be prepared and

submitted to the city attorney for approval as to form and legality as expeditiously as possible. The action shall become effective thirty (30) days after publication of said ordinance.

(Prior code § 080.43)