Chapter 22.78
AMENDMENTS TO ZONING MAP AND DEVELOPMENT REGULATIONS
Sections:
22.78.002 Amendment authority.
22.78.003 Initiation of amendment.
22.78.004 Criteria for amendment approval.
22.78.005 Application procedures.
22.78.006 Submittal requirements.
22.78.008 Annexation map amendment.
22.78.009 Changes to a proposal during public review process.
22.78.010 Limitation on refiling of application.
22.78.001 Purpose.
This title and the official zoning map may be amended whenever required by public necessity, convenience or welfare. The intent of this chapter is to establish authority and procedure for such amendments. (Ord. 1246 § 25, 2000).
22.78.002 Amendment authority.
The city council is authorized to amend this title and the official zoning map, subject to the procedures described within this chapter. (Ord. 1246 § 25, 2000).
22.78.003 Initiation of amendment.
Amendments to this title and the official zoning map may be initiated by:
(a) The adoption of a motion by the city council requesting the planning commission to set a matter for hearing and recommendation;
(b) The adoption of a motion by the planning commission;
(c) Application by one or more owners of property which is proposed to be reclassified, or by contract purchasers who are directly affected by the proposal or an optionee with the written consent of the owner of the subject property; or
(d) Application by a city department. (Ord. 1246 § 25, 2000).
22.78.004 Criteria for amendment approval.
Before the hearing examiner may recommend approval of an amendment request, and before the city council may approve the amendment, each review authority shall adopt written findings showing that the following criteria are met by the proposal:
(a) The proposed amendment is consistent with the goals, objectives and policies of the comprehensive plan.
(b) The proposed amendment will promote, rather than detract from, the public health, safety, morals and general welfare.
(c) The proposed zoning is compatible with the uses and zoning of surrounding property (required only for zoning map amendments).
(d) The property is suited for the uses allowed in the proposed zoning classification (required only for zoning map amendments).
(e) A change of conditions has occurred within the neighborhood or community since adoption of the comprehensive plan, this title, and amendments thereto, to warrant a determination that the proposed amendment is in the public interest (required only for zoning map amendments and amendments to this title which require a comprehensive plan amendment to ensure consistency under subsection (a) of this section).
(f) Except for the extension of existing district boundaries, no change in any use district, classification or official zoning map shall be considered if it contains fewer than one acre, excluding public streets or alley rights-of-way. (Ord. 1638 § 55, 2019; Ord. 1488 § 1, 2009; Ord. 1467 § 1, 2009; Ord. 1246 § 25, 2000).
22.78.005 Application procedures.
A quasi-judicial zoning map amendment is classified as a Type III-B application. An area-wide zoning map amendment and a development regulation amendment are classified as Type V (legislative) applications. The processing procedures for these applications are described in Chapters 22.05, 22.06, 22.07, 22.08, 22.09 and 22.10 FMC. (Ord. 1638 § 56, 2019; Ord. 1246 § 25, 2000).
22.78.006 Submittal requirements.
Application for a zoning map amendment or development regulation amendment shall be submitted on forms provided by the department. For zoning map amendments, the applicant shall provide an accurate map and legal description of the subject property. For development regulation amendments, the applicant shall identify each chapter, section, paragraph, sentence and word subject to the amendment request and provide the exact text changes which are being proposed. The applicant shall also provide the applicable information specified in FMC 22.06.002. Based on a preliminary review of the proposal, the director may determine that additional information is necessary to complete the review and shall be provided by the applicant. (Ord. 1246 § 25, 2000).
22.78.007 Contract zoning.
An owner of land in the city may propose a contract as a condition of a zoning map amendment in order to mitigate otherwise unacceptable adverse impacts of the proposed action. Contract zoning shall not decrease or waive any of the requirements within this title or any other title within this code. A proposed contract shall be included with the initiation request described in FMC 22.78.003(c).
An adopted zoning contract shall run with the land covered and shall be considered an additional regulation applicable to any and all matters regulated by this title. Failure by any person, firm or corporation to fulfill the zoning contract shall be considered a violation of this title and, upon action by the city council, may be grounds for rescinding the rezone action or portions thereof. Upon rescindment, the subject property shall revert to the previous zoning district classification. (Ord. 1246 § 25, 2000).
22.78.008 Annexation map amendment.
The official zoning map shall be amended upon annexation of property into the city.
(a) Default Zoning District upon Annexation. All property annexed into the city subsequent to the adoption of this chapter shall be designated the zoning district classification identified for the property on the official zoning map unless a different zoning classification has been approved by the city council prior to annexation.
(b) City Council Zoning Map Amendment upon Annexation. The city council may approve a zoning map amendment as part of the ordinance approving an annexation. The map amendment shall be subject to the amendment procedure described in this chapter.
(c) Petitioner for Annexation Zoning Map Amendment Request. Petitioners for annexation may request an annexation area zoning district classification which differs from the default classification identified on the official zoning map. The petitioners shall include the map amendment request with the notice of intent to commence annexation proceedings. The request shall follow the amendment procedure described in this chapter. The city council’s determination on the request shall be incorporated into the ordinance adopting the annexation. (Ord. 1246 § 25, 2000).
22.78.009 Changes to a proposal during public review process.
A proposed amendment may be modified during the public review process without further legal notice being given; provided, that the modification does not exceed the scope of the legal notice published for the original proposal. When changes are proposed which exceed the scope of the legal notice given, no further action shall be taken on the matter until further legal notice has been published in accordance with Chapter 22.07 FMC. (Ord. 1246 § 25, 2000).
22.78.010 Limitation on refiling of application.
No application for an amendment shall be accepted for filing by the director within one year following final action in denying an application for an amendment for the same or substantially the same purpose or property. (Ord. 1246 § 25, 2000).
22.78.011 Timing for processing zoning map, area-wide zoning map, and comprehensive plan map amendments.
(a) A legislative comprehensive plan map amendment and quasi-judicial zoning map amendment may be conducted in phases, or they may be conducted concurrently provided final action is first taken on the plan map amendment and further provided the applicant submits a written waiver of the deadline for issuance of a final decision of the zoning map amendment, which is 120 days from the city making a determination that a Type III-B project permit application is complete.
(b) A legislative comprehensive plan map amendment and a legislative area-wide zoning map amendment may be conducted in phases or concurrently, provided final action is first taken on the plan map amendment. (Ord. 1638 § 57, 2019).