A.

The procedures set forth in this chapter provide a process to amend the official zoning district map of the city, the text of this title, and the zoning classification of any parcel in the city. An amendment to the zoning classification of a parcel or an amendment to the official zoning district map of the city may be referred to as a "rezoning" in this code. Amendments to the text of this title may be referred to as "text amendment(s)." This chapter is not intended to relieve the particular hardships of or confer special privileges or rights on any person.

B.

Rezonings may be initiated by city council, the planning and zoning commission, city staff, or the owner of real property subject to a proposed rezoning or the owner's agent.

C.

Text amendments to this title may be initiated by the city council, the planning and zoning commission, or city staff.

(Ord. No. 2022-4, § 4, 3-15-22)

A.

Generally. The table below outlines the steps that must be taken pursuant to this chapter:

^* This step is not applicable to city-initiated rezonings and text amendments.

B.

Step 1: Pre-Application Conference. An applicant may request a pre-application conference with city staff prior to the applicant's submission of an application pursuant to this chapter. The purpose of a pre-application conference is to provide an opportunity for the applicant to meet with city staff to discuss submittal requirements, procedures for approval, applicable fees, and timeframes for approval of a rezoning application. The conference also allows staff to convey any details regarding potential impacts of the proposed rezoning to the applicant.

C.

Step 2: Application Submittal. An application for a rezoning shall be submitted, accepted, and may be revised or withdrawn in accordance with this section.

1.

Application.

a.

The application shall be submitted to the deputy city clerk on forms approved by the city.

b.

The applicant bears the burden of ensuring that an application contains sufficient information and supporting documents to demonstrate compliance with application requirements and any other request made by city staff.

2.

Application Fees.

a.

Application fees shall be paid at time of application submittal according to the city's fee schedule. Fees shall be established by resolution of the city council. Applications will not be processed until fees are paid in full.

b.

As provided in Chapter 17.96 of this code, if the city determines that additional funds are needed to complete the application review, including for retention of outside professional services or city consultants, the city may impose additional application fees to recover the city's actual costs in completing review of the application. If the city will incur such additional costs, the city shall notify the applicant of the estimated amount of such additional costs. The applicant shall submit a deposit in the amount of the city's estimated costs to the city before the city completes the application review.

c.

If the deposit amount is greater than the city's actual costs, the applicant shall be reimbursed the deposit amount less the city's actual costs.

d.

If the city incurs costs in addition to the deposit amount, the city will notify the applicant in writing of the additional amount due to the city. If the applicant does not pay those costs within thirty (30) days after the date of the written notice from the city, the city reserves the right to stop processing the application until such additional amount is paid.

D.

Step 3: Application Review.

1.

The deputy city clerk or his or her designee, in consultation with additional staff or consultants as necessary, shall determine whether the application is complete or incomplete within ten (10) business days of the date the city receives the application and provide the applicant with a written notification of such determination.

2.

Applicants must submit the following for the application to be complete:

a.

Complete application form;

b.

Appropriate fees and deposit, as applicable;

c.

Proof of ownership of the property subject to the rezoning, such as copies of deeds or title commitments;

d.

Written authorization to submit the application from property owner(s) if the applicant is an agent acting on behalf of the owner;

e.

Certified boundary and improvement survey;

f.

Traffic impact analysis or study;

g.

Legal description of the parcel subject to the proposed rezoning; and

h.

A written description of the rezoning request that contains sufficient detail to convey the full intent of the application and a justification of why the rezoning is appropriate. The written description must address how the application meets each of the applicable approval criteria set forth in this chapter.

3.

Incomplete applications shall not be processed or reviewed. The city shall provide written notice of application deficiencies to the applicant, and the applicant may correct the deficiencies and resubmit the application for a determination of application completeness. An incomplete application that is not resubmitted within ninety (90) days of written notice of deficiencies from the city shall be considered abandoned.

4.

After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a written notice of withdrawal to the deputy city clerk. If an application is withdrawn after publication of the required notice of any scheduled public hearing, the application shall be subject to the limitations on submittal of subsequent applications set forth in this section. An applicant is not entitled to a refund of application fees for withdrawn applications. However, the city may refund fees not expended during the staff review of the application if the application is withdrawn prior to completion of such review.

E.

Step 4: Scheduling and Notice of Public Hearings.

1.

After staff has reviewed the application and determined it is complete, staff will schedule the application for review by the planning and zoning commission and by the city council. Review by each body shall be conducted at a properly noticed public hearing.

2.

For each public hearing, the city shall publish notice of the scheduled public hearing in a newspaper of general circulation at least fifteen (15) days before the public hearing.

3.

If the application is for a rezoning initiated by a property owner or the owner's agent, the applicant shall mail notice of each public hearing and post the subject parcel with notice of each public hearing, using forms provided by the city, at least fifteen (15) days before the applicable public hearing.

a.

The applicant must mail such notices via first class mail to all property owners within two hundred (200) feet of the subject parcel.

b.

The applicant must post the subject parcel with one notice, which must be clearly visible from the most heavily traveled adjacent street or public right-of-way and shall remain on the parcel until after the hearing.

c.

Proof of the applicable mailing and posting shall be provided to the city at least forty-eight (48) hours prior to each public hearing. Failure to provide such proof may result in continuation or cancellation of the public hearing.

4.

For a city-initiated rezoning, the city shall provide mail and posting notices in accordance with this Step 4 if the rezoning applies to a single property. A city-initiated rezoning that is for more than a single property is legislative in nature and requires the city to publish notice of the public hearings in accordance with this Step 4 in a newspaper of general circulation only. No posting or mailing of notices shall be required.

5.

Nothing in this section shall be construed to prevent notice of both the required public hearings to be published, mailed or posted, as required, in a single notice at least fifteen (15) days prior to the first public hearing.

F.

Step 5: Public Hearings.

1.

Planning and Zoning Commission Public Hearing.

a.

Prior to the public hearing by city council, the planning and zoning commission shall hold a public hearing on the rezoning or text amendment. The planning and zoning commission shall consider the application, if appliable, relevant support materials, any staff report created, and any evidence and public comments from the public hearing.

b.

Based on the information presented at the hearing and the approval criteria set forth in this chapter, the planning and zoning commission shall make a recommendation to city council to approve, approve with conditions, or deny the rezoning or text amendment based on the applicable approval criteria set forth in this chapter. The reasons for such recommendation shall be clearly stated in the record and may be provided in writing to city council for consideration at council's public hearing. The planning and zoning commission may continue a public hearing to a time and date certain to obtain additional information from city staff or the applicant, provided that such continuance does not exceed thirty (30) days.

2.

City Council Public Hearing.

a.

Following the public hearing of the planning and zoning commission, city council shall hold a public hearing on the rezoning or text amendment. City council shall consider the application, if applicable, relevant support materials, any staff report created, any evidence and public comments from the public hearing held by city council, and the recommendation of the planning and zoning commission.

b.

Based on such information and the approval criteria set forth in this chapter, the city council shall approve, approve with conditions, or deny the rezoning or text amendment. The reasons for such decision by city council shall be clearly stated in the record. The city council may continue a public hearing to a time and date certain to obtain additional information from city staff or the applicant.

c.

For decisions on rezoning applications of a property owner or their agent, the city shall provide a written notification of the city council's decision to the applicant within thirty (30) days of the public hearing.

3.

Conditions of Approval. Any conditions of approval recommended by the planning and zoning commission or imposed by city council shall be limited to conditions deemed necessary to ensure compliance with the requirements of this code and shall relate to the anticipated impacts of the proposed rezoning or text amendment.

4.

The final decision on a proposed rezoning expressly rests in the exercise of the discretion of city council, and all applicants are advised that there is no right to a change of zone of property.

G.

Step 6: Post-decision actions and limitations.

1.

Following approval of a rezoning, the city shall prepare an appropriate revision to the official zoning district map of the city.

2.

For rezonings initiated by a property owner or owner's agent, any modification of an approved rezoning shall require a new application to be submitted and reviewed in accordance with this chapter.

3.

Following denial of a property owner's application for rezoning, the city shall not consider or process any applications related to the subject parcel that are the same or substantially similar for one year following the city's denial of the application. This one-year period may be waived by the city if an applicant adequately demonstrates that there is a substantial change in circumstances, new and relevant information is available, or the new application is materially different than the previous application. City council must approve the waiver of the one-year period before city staff begins to process the new application.

4.

Approval of a text amendment to this title does not authorize specific development activity.

(Ord. No. 2022-4, § 4, 3-15-22)

A.

Rezoning Approval Criteria. In reviewing a proposed rezoning, the planning and zoning commission and city council shall consider whether the proposed rezoning complies with each of the following criteria, as applicable:

1.

The rezoning promotes the health, safety, and general welfare of the community;

2.

The rezoning will not result in a significant adverse effect on the surrounding area;

3.

The proposed rezoning is in conformity with the city's comprehensive plan, as amended from time to time;

4.

There have been material changes in the character of the neighborhood that justify a rezoning of the subject parcel;

5.

The proposed rezoning will preserve and promote property values in the neighborhood;

6.

Development of the subject parcel in accordance with the proposed rezoning will be in harmony and compatible with surrounding land uses and present development in the area;

7.

Adequate infrastructure and facilities are available to serve the types of uses allowed by the rezoning, or the applicant will upgrade and provide such infrastructure or facilities at the applicant's expense where they do not exist or are under capacity;

8.

The proposed rezoning will not cause or increase traffic congestion in the area;

9.

The existing zoning classification currently recorded on the official zoning map of the city is in error; and

10.

The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the current comprehensive plan of the city.

B.

Text Amendment Approval Criteria. An amendment to the text of this title is a legislative decision by the city council. Prior to recommending approval or approving a proposed text amendment, the planning and zoning commission and the city council shall consider whether and to what extent the proposed amendment:

1.

Is consistent with the city's comprehensive plan, as amended from time to time;

2.

Does not conflict with other provisions of this title or this code;

3.

Addresses a demonstrated community need;

4.

Responds to changing city policy or conditions; and

5.

Is consistent with the purpose and intent of the zoning districts in this title, would improve compatibility among land uses, or would result in an orderly and logical development pattern.

(Ord. No. 2022-4, § 4, 3-15-22)