The purpose and intent of the provisions for amendments is to establish an orderly method for considering changes to the text of this title or to the districts of the official zoning map established by this title.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.55.010)

The city council shall have the authority to pass an ordinance amending the text of this title or the districts of the official zoning map established by this title, subject to the provisions of this chapter.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.55.020)

All property to be added to the incorporated area of the city shall be subject to the provisions of the chapter and a public hearing, except as follows:

A.

Single-family zoning classifications. Any additions to the incorporated area of the city through annexation or otherwise may be classified as either SFR1 Single-Family Residence District or SFR2 Single-Family Residence District, as determined by the city council in the ordinances annexing or zoning the property, without a public hearing.

B.

County zoning classifications. Any additions to the incorporated area of the city through annexation or otherwise, where the property zoned under the county zoning ordinance for two (2) family, multiple-family, community facility, business, or industrial may be annexed to the city under the most similar city zoning classification, as determined by the city council in the ordinances annexing or zoning the property, without a public hearing.

(Ord. No. G66-94, § 1, 1994; Code 1976, § 19.55.025)

The granting of a map amendment shall be contingent on the extent to which affirmative findings are made with respect to each of the following standards:

A.

Site characteristics. The suitability of the subject property for the intended zoning district with respect to its size; shape; significant natural features including topography, watercourses and vegetation; and existing improvements.

B.

Sewer and water. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water, wastewater treatment and stormwater control facilities.

C.

Traffic and parking. The suitability of the subject property for the intended zoning district with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion.

1.

Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the arterial street [SR] system.

2.

The number of locations for vehicular access to or from a public right-of-way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Property with two (2) street frontages should not be permitted access to or from the street with the higher degree of continuity within the overall street system or with the higher traffic volume. With the exception of residential driveways, locations for vehicular access to or from a public right-of-way should be aligned directly opposite existing or approved locations across the street.

D.

Zoning history. The suitability of the subject property for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district.

E.

Surrounding land use and zoning. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning.

F.

Trend of development. The suitability of the subject property for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area.

G.

Zoning districts. The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district.

H.

Comprehensive plan. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the official comprehensive plan.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.55.030)

Applications for a text amendment or a map amendment shall include the following documents:

A.

Application form. Applications shall be made on forms provided by the community development department.

B.

Statement of purpose and conformance. A specific written statement addressing the nature of and the reasons for the proposed amendment; and identifying the chapter, section, subsection, paragraph, and language for text amendments; or demonstrating conformance to the standards for map amendments.

C.

Plat of survey. For map amendments, a plat of survey prepared by a land surveyor registered in the state including the subject property's location by range, township, and section, or by other legal description; and the property's total acreage.

D.

Consent and disclosure.

1.

The written consent of the owner of the subject property, or owners authorized representative.

2.

For applications filed by a corporation or a partnership, the names, addresses and telephone numbers of all officers.

3.

For applications where the subject property is held in a trust, the names, addresses, telephone numbers, and the beneficial interest of each beneficiary.

4.

If the applicant is not the owner of record, a copy of the contract option, or an explanation of the proprietary interest.

E.

Impact assessments. Written impact assessments as may be required by the development administrator in order to adequately evaluate the effect of the proposed map amendment on the environment, community facilities, traffic, and surrounding land use. Methodologies for such assessments shall be as determined by the development administrator.

(Ord. No. G6-15, 2015; Ord. No. G65-04, § 2, 2004; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.55.040)

A.

Initiation. Application for a text or map amendment may be initiated by direction of the city council, the planning and zoning commission or the development administrator. Application for a text amendment may also be initiated by any resident of the city or any owner of property located within the city. Application for a map amendment may also be initiated by the owner of the property described in the application, the contract purchaser of such property, the option holder, or by such persons with a substantial proprietary interest in the property to be considered, but only with the written consent of the owner or owners authorized representative.

B.

Terms. No more than one (1) application for an amendment on the same property or on the same portion of text shall be accepted within a twelve (12) month period commencing on the date of the original application, unless the development administrator determines that it has substantially changed from the application previously considered.

(Ord. No. G4-12, 2012; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.55.050)

A.

Development administrator. The applicant shall submit one (1) copy of the required documents with the required fees to the development administrator. The development administrator shall review the application, publish notice of the public hearing date as provided by statute, and forward the application, and the written findings and recommendations of the community development department to the planning and zoning commission.

B.

Planning and zoning commission. The planning and zoning commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The development administrator shall forward the application, the written findings and recommendations of the community development department, the written findings and recommendations of the planning and zoning commission, and the transcript of the public hearing to the city council.

C.

City council. The city council may pass an ordinance amending the text of this title or amending the districts of the official zoning map established by this title, as is appropriate. If city council does not approve the application as described within this subsection C within twelve (12) months of the close of the public hearing, the application shall be considered denied.

(Ord. No. G6-15, 2015; Code 1976, § 19.55.060)

A.

Findings of fact. The planning and zoning commission shall recommend the approval or denial of an application for an amendment to the city council. The planning and zoning commission's recommendation shall be contained within a written findings of fact, which for map amendments shall set forth with particularity the extent to which the application conforms to the standards for map amendments.

B.

Conditions of approval. The planning and zoning commission may recommend, and the city council may require a restriction on the number and location of points for vehicular access to the public rights-of-way on map amendments, as may be necessary to promote the purpose and intent of this title.

(Ord. No. G4-12, 2012; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.55.070)

Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this chapter may be appealed subject to the provisions of chapter 19.75.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.55.080)

Map amendments shall be subject to the provisions of chapter 19.82.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.55.090)

Amendments shall be subject to the provisions of chapter 19.85.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.55.100)