This Title may be amended by changing the boundaries of any district or by changing any district regulation, off-street parking or loading facilities requirements, general provision, exception or other provision thereof in accord with the following procedure as set out in this Chapter.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.0.)

In accordance with the requirements of State law, zoning ordinances and zoning district boundaries shall be consistent with the City General Plan. The various land uses authorized by the ordinance shall be compatible with the objectives, policies, general land uses and programs specified therein. For any amendment or change in district boundaries, the Planning Commission shall make a finding that the amendment or change in a district boundary is consistent with the General Plan.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.1.)

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 districts is proposed, or the authorized agent of the owner filing an application for a change in district boundaries, on a form prescribed in Section 22.46.040 of this Title. If the area for which a change of district is proposed is in more than one ownership, all the property owners or their authorized agents shall join in filing the application.

B.

A change in boundaries of any district or a change in a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision may be initiated by resolution of the City Planning Commission or by action of the City Council in the form of a request to the Commission that it consider a proposed change, provided that in either case the procedure prescribed in Sections 22.46.050 through 22.46.100 of this Title shall be followed.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.2.)

A.

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

1.

Name and address of the applicant;

2.

Statement that the applicant for which the change in district boundaries is proposed, or the authorized agent of the owner;

3.

Address or description of the property.

B.

The application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 500 feet from each boundary of the site showing the location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing.

C.

The application shall be accompanied by a fee set by resolution of the City Planning Commission sufficient to cover the cost of processing the application as prescribed in this Chapter.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.3.)

The City Planning 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, off-street parking or loading facilities requirement, general provision, exception or other provision of this Title initiated by the Commission or the City Council within forty-five (45) days of the date when the application was filed or the proposal was initiated. Notice of the public hearing shall be given not less than ten (10) days or more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation within the City and in such other manner as may be prescribed by the City Planning Commission.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.4.)

At the public hearing, the City Planning Commission shall review the application for a change in a district boundary or of a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provisions of this Title and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the objectives prescribed in Section 22.02.010 of this Title.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.5.)

The Zoning Administrator shall make an investigation of the application for a change in a district boundary or a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this Title, and shall prepare a report thereon which shall be submitted to the City Planning Commission.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.6.)

Within forty-five (45) days following the public hearing, the City Planning Commission shall make a specific finding as to whether the change in the district boundary or of the district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this Title is required to achieve the objectives prescribed in Section 22.02.010. The Commission shall transmit a report to the City Council recommending that the application be granted or denied, or that the proposal be adopted or rejected, together with one copy of the application, resolution of the Commission, or request of the Council, the scale drawing of the site and the surrounding area, and all other data filed therewith, the minutes of the public hearing, the report of the Zoning Administrator and the findings of the Commission.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.7.)

A.

Upon receipt of the resolution or report of the City Planning Commission, the City Council shall review the application for a change in a district boundary of the proposal, for a change in a district boundary or a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this Title and shall consider the resolution or report of the Commission and the report of the Zoning Administrator.

B.

The City Council shall make a specific finding as to whether the change in the district boundary or of the district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this Title is required to achieve the objectives prescribed in Section 22.02.010. If the Council finds that the change is required, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this Title, whichever is appropriate. If the Council finds that the change is not required, it shall deny the application or reject the proposal.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.8.)

A change in a district boundary shall be indicated on the zoning map with a notation of the date and number of the ordinance amending the map.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.9.)

Following the 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 one year of the date of denial of the application.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.10.)

All territory annexed to the City shall be placed in the U Undesignated District, unless prezoned in accordance with the intent of the General Plan, until duly amended by the Planning Commission in conformance with this Chapter. The Planning Commission may, at any time deemed appropriate, make a study of the annexed territory and initiate a change of zone compatible with the General Plan and the objectives prescribed in Section 22.02.010 of this Title. The owner of annexed property, or the authorized agent of the owner, may initiate similar action at any time by filing an application for a change in district, as prescribed in Section 22.46.020.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.1.)

A.

Within ten (10) days following the date of a decision of the Board of Adjustments on a rezoning or zoning amendment, the decision may be appealed to the City Council by the applicant or any other interested party. An appeal shall be made on a form prescribed by the Board of Adjustments and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Board or wherein its decision is not supported by the evidence in the record.

B.

Within five (5) days of the filing of an appeal, the Zoning Administrator shall transmit to the City Clerk the zoning amendment application, the scale drawing of the site, and all other data filed therewith, the minutes of the public hearing, the report of the Zoning Administrator, the findings of the Board, and its decision on the application. At its next meeting, the City Council shall set a hearing date.

C.

The City Clerk shall give notice to the applicant and to the appellant (if the applicant is not the appellant) of the time when the appeal will be considered by the City Council. The City Clerk shall also notify all property owners to whom notices of the Planning Commission hearing were mailed.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.2.)

Upon the granting of an application for a change in a district boundary, the owner of the property affected shall proceed with the construction of building or buildings on the property which was subject of the Planning Commission's action. Substantial progress shall be made by the owner during the one-year period immediately following the granting of the change in district boundaries. At any time prior to the end of this one-year period, the owner may apply for an extension of the period herein provided for. In no event shall an extension be granted for a period longer than one year.

(Ord. 822 C.S. § 2 (part), 1975: prior code § 10,120.12.)