The provisions of this chapter may be amended by changing the boundaries of any district or by changing any district regulation or general provision, exception, or other provision thereof whenever such amendment is required to protect or promote the public health, safety, peace, comfort, convenience, prosperity, or general welfare, in accordance with the procedure prescribed in this chapter.

(Prior code § 10-2.3001)

A.

A change in the boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed, or by the authorized agent of the owner, by filing an application for a change in district boundaries as prescribed in Section 14.86.030 of this chapter.

B.

A change in boundaries of any district, or a change in a district regulation, general provision, exception, or other provision may be initiated by resolution of the commission or by action of the council in the form of a request to the commission that it consider a proposed change; provided, however, in either case the procedure prescribed in Sections 14.86.040 through 14.86.080 of this chapter shall be followed.

(Prior code § 10-2.3002)

A.

A property owner desiring to propose a change in the boundaries of the district within which his or her property is located, or his or her authorized agent, may file an application with the commission for a change in district boundaries on a form prescribed, by the commission which shall include the following data:

1.

The name and address of the applicant;

2.

A statement that the applicant is the owner of the property for which the change in district boundaries is proposed, or the authorized agent of the owner, or the purchaser under contract; and

3.

The address or description of the property.

B.

The application shall be accompanied by an accurate scale drawing or recent aerial photograph of the site and surrounding area for a distance of not less than two hundred fifty (250) feet, and to the extent necessary to show the nearest existing structure from each boundary of the site, the location of existing streets, property lines, and all structures, uses, and improvements, including, but not limited to, roads, pedestrian ways, parking spaces, loading spaces, and landscaped areas.

C.

The application shall be accompanied by a fee set by the council by resolution.

(Prior code § 10-2.3003)

The commission shall hold at least one public hearing on each application for a change in district boundaries and on each proposal for a change in district boundaries or of a district regulation, general provision, exception, or other provision of this chapter by all of the following methods:

A.

Notice of such public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation in the city.

B.

Mailing of notices to the recorded legal owners of all such properties within five hundred (500) feet of the boundaries of the property for which a change in district boundaries is proposed at the addresses shown on the last equalized assessment roll.

(Ord. 07-306 § 11: prior code § 10-2.3004)

A.

At the public hearing the commission shall review the application or the proposal for a change in a district boundary or of a district regulation, general provision, exception, or other provision of this chapter and shall receive pertinent evidence as to why or how the proposed change will protect or promote the public health, safety, peace, comfort, convenience, prosperity, or general welfare.

B.

The commission shall review proposals for the use of a property for which a change in district boundaries is proposed or plans or drawings showing proposed structures or other improvements in the light of the fact that under the provisions of this chapter a change in district boundaries may not be made conditionally, and that the owner of the property is bound to comply only with the district regulations and general provisions prescribed in this chapter.

(Prior code § 10-2.3005)

A.

Upon completion of a public hearing, the commission shall render a decision on the matter heard. Such decision shall be based on specific findings as to whether the application or proposal is in the best interest for the protection or promotion of the public health, safety, comfort, convenience, prosperity, or welfare and is in conformance with the adopted general plan of the city. If the commission finds that the change is in the best public interest, it may recommend to the council that the application or proposal be adopted.

B.

If the commission finds that adoption of the application or proposal would not be in the best public interest, it shall deny the same. Disapproval by the commission shall be final; provided, however, the decision of the commission may be appealed to the council within fifteen (15) days after the date of the commission action. Such appeal shall be made to the city clerk in writing.

(Prior code § 10-2.3006)

The council, upon receipt of an appeal of a commission denial, shall set the matter for public hearing. Notice of the hearing and the conduct of the same shall be the same as provided in Sections 14.86.040 and 14.86.050 of this chapter.

(Prior code § 10-2.3007)

A.

Upon receipt of a recommendation from the commission for approval of an application or proposal, the council shall set the matter for a public hearing. Notice of such hearing shall be given in accordance with the provisions of Section 14.86.040 of this chapter.

B.

Upon completion of the hearing, the council shall review the report of the commission and evidence received at the hearing. If the council finds that the application or proposal is in the best interest for protection or promotion of the public health, safety, comfort, convenience, prosperity, or welfare, it may adopt the application or proposal. If the council finds the application not to be in the best public interest, it shall disapprove the application.

(Prior code § 10-2.3008)

After denial of an application for a change in a district boundary, no application for the same or substantially the same change shall be filed within a period of one year of the date of such denial. Except that in the case of failure to demonstrate the minimum required property owner support for an R11-S district as set forth in Section 14.13.030 of this title in the manner set forth by the city council, no such application for the same or substantially the same neighborhood shall be filed within a period of seven years of the date of such failure to demonstrate the minimum required property owner support.

(Ord. 00-383 § 4: prior code § 10-2.3009)