Chapter 16.210 — ZONE CHANGE

In recognition of the fact that physical, economic, and other conditions in the city may change over time, provisions are hereby made to allow for amendments to the zoning map in accord with the procedures outlined in this Chapter 16.210. All such zone changes shall be adopted in the manner in which other city ordinances are adopted. (Ord. 1104, passed 7-19-04)

Amendments to the zoning map may be initiated by:

(A) An application by an owner or agent of such owner seeking an amendment, supplement to, or change of, the regulations prescribed for his property or the reclassification of his property;

• (B) The application of a person authorized to exercise the power of eminent domain;

• (C) The Planning Director;

• (D) The Planning Commission; or

• (E) The City Council.

• (Ord. 1104, passed 7-19-04)

(A) A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Chapter 16.204 (Public Hearings).

(B) At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed zone change is consistent with the objectives of this Title 16, 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.

(E) A proposed zone change that is not consistent with the General Plan may not be recommended or adopted until the General Plan is amended to eliminate such inconsistency. Such a General Plan amendment and any development proposal relying on the amendment shall be considered concurrently.

(Ord. 1104, passed 7-19-04)

(A) Denial of a zone change. Upon receipt of a Planning Commission resolution recommending denial of a zone change, 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 within ten calendar days of the Commission's decision in accordance with the provisions of Chapter 16.206 (Appeals and Revocations) of this Title 16, or unless the Council chooses to set the matter for hearing.

(B) Approval of a zone change.

(1) Upon receipt of a Planning Commission resolution recommending approval of a zone change, the City Clerk shall set the matter for hearing before the City Council, notice of which shall be given as prescribed in Chapter 16.204 (Public Hearings) of this Title 16.

(2) At the hearing, the City Council shall review the Commission's recommendation and receive evidence as to how or why the proposed zone change is consistent with the objectives of this Title 16, the General Plan, and development policies of the city.

(3) 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 40 days of receiving the Council's request shall provide the Council with authority to act without the Commission's recommendation.

(4) The Council shall order the zone change to be enacted or deny the application or recommendation for the zone change by a majority vote of the City Council.

(5) Following the decision of the City Council ordering enactment of the zone change requested by this application or recommendation by the Planning Commission for denial of the zone change, the city shall give notice of the decision to the applicant in writing at the address shown on the application and to the Planning Commission. (Ord. 1104, passed 7-19-04)

The City Council shall be required to make the following findings of fact before approving a zone change:

(A) That the proposed zone change is consistent with the goals, policies, and objectives of the General Plan; and

(B) That the proposed zone change will not adversely or significantly impact surrounding properties; and

(C) That the proposed zone change promotes public health, safety, and general welfare and serves the goals and purposes of this Title 16.

(Ord. 1104, passed 7-19-04)