Chapter 18.47
AMENDMENTS AND ZONE CHANGES
Sections:
18.47.08 Investigation of Application for Zone Change.
18.47.10 Public Hearings on Zone Change Requests and Zone Amendments.
18.47.12 Conditions Necessary to Recommendation and Adoption of Zone Change Request.
18.47.14 Reapplication for Change of Zone.
18.47.02 Intent and Purpose.
This section is intended to provide for and authorize the amendment of the zoning ordinance and map whenever required by the public necessity or general welfare, or to further implement the general intent and purpose of this Ordinance, and the General Plan of the City. This section has the further purpose of providing the procedures by which such amendments may be initiated, processed, heard, and decided.
18.47.04 Initiation.
(1) Amendments to change any property from one zone to another may be initiated as follows:
(a) By motion of either the City Council, or Planning Commission.
(b) By verified application of the owner or owners (or their authorized agents) of property proposed to be changed from one zone to another.
(2) Amendments to the text to the zoning ordinance may be initiated by motion of either the City Council or Planning Commission.
18.47.06 Application.
Application for a change of zone shall be made to the Planning Commission on a form provided by the Planning Department, and shall be accompanied by the following:
(1) The name and address of the applicant therefore; evidence that he is the owner of the parcel or premises involved, or that he has permission of the owner to make such application, and a legal description of the subject parcel or premises.
(2) An application fee to assist in defraying the expense of postage, posting, advertising, and other costs of labor and materials incidental to the proceedings prescribed herein. This fee shall be in accord with a schedule established by resolution of the City Council and shall be non-refundable.
(3) A plot plan of the property in question, locating the property in relationship to the centerline of existing public streets, including at least one intersection.
(4) Such other information as the Planning Commission or City Council may require, including but not limited to market studies, design studies, engineering studies, etc.
(5) Responsibility for Accuracy. The applicant shall be solely responsible for the accuracy of information submitted as part of his application. Submission of inaccurate plans, legal descriptions, surrounding property owners list, or other information shall be cause for invalidation of all actions regarding this petition.
(6) Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City, and there shall be attached to each such application copies of all reports, notices and actions pertaining thereto.
18.47.08 Investigation of Application for Zone Change.
The Commission shall cause to be made such investigation of facts bearing on the application for zone change as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this Ordinance. A staff report with recommendations and the basis for such recommendations shall be made public prior to or at the beginning of the Planning Commission hearing, and shall be included in the record of the hearing.
18.47.10 Public Hearings on Zone Change Requests and Zone Amendments.
Public hearings and appeals on Zone Change Requests and Amendments to the text of this Ordinance shall be held and governed by the provisions of Chapter 18.43 (HEARINGS AND APPEALS THEREFROM).
18.47.12 Conditions Necessary to Recommendation and Adoption of Zone Change Request.
Before a Zone Change Request may be recommended by the Commission, or adopted by the Council, each body shall make a finding from the evidence as submitted, that all four (4) of the following conditions exist in reference to the property being considered:
(1) The requested change of zone is necessary and desirable for the development of the community in harmony with the objective of the General Plan.
(2) The requested change of zone will be compatible and complementary to existing conditions in the surrounding area.
(3) The site is adequate in size to accommodate uses permitted in the zone requested, and that all applicable property development standards can be complied with.
(4) The site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in this area; and that utilities exist or are planned which will adequately serve the property as rezoned.
18.47.14 Reapplication for Change of Zone.
The City shall not accept for filing, nor consider any application for a change of zone on property for which a similar change of zone application was denied by the City, irrespective of whom the applicants are on either application, until twelve consecutive calendar months from the date of said decision.