The intent of this article is to provide standards and procedures for making amendments to the text and map portions of this chapter. The city council may make necessary amendments only after the planning and zoning board holds a public hearing and it reports its findings to the city council.

(Code 1977, § 17.56.010; Ord. No. 06-04, 2006)

(a)

Text amendments. Amendments to the text of this chapter shall be referred to as "Text Amendments." The planning and zoning board, city council, zoning administrator, city attorney, or any developer with property located within the boundaries of the city may initiate such amendments. An application for amendment is required for any text amendment.

(b)

Map amendments. Amendments to the location of land use district boundaries of the official zoning map shall be referred to as "Map Amendments." The planning and zoning board, city council, zoning administrator, city attorney, or any developer with property located within the boundaries of the city may initiate such amendments. An application for amendment is required for any map amendment.

(Code 1977, § 17.56.020; Ord. No. 06-04, 2006)

(a)

Application for amendment. A text or map amendment may be requested following the submission of the appropriate application form to the zoning administrator. The text amendment application must state the specific location of the zoning ordinance proposed for amendment, the proposed substitute wording, and the reasons for requesting the amendment. The following may also be required, depending on the nature of the amendment:

(1)

A legal description of the property, the common address, and parcel identification number (PIN) of the property.

(2)

The name and address of the property owners of the parcel that are the subject of the proposed amendment request.

(3)

The present zoning classification and proposed reclassification of the land proposed.

(b)

Fee required. Any application for an amendment by a private party shall be accompanied by a filing fee in the amount provided in the city fee schedule and shall be deposited with the city clerk within 15 days after the receipt thereof. From each fee, a filing fee and any costs incurred by the city for required publication and mailing related to the processing of the depositor's application shall be retained.

(c)

Date of filing. The application shall be filed prior to the date the notice of hearing specified has been published in the local newspaper.

(Code 1977, § 17.56.030; Ord. No. 06-04, 2006)

(a)

Review by zoning administrator. A preapplication meeting shall be held with the zoning administrator to discuss the request. The zoning administrator shall send a copy of the amendment application to all appropriate city and county officials for comment. After receipt of a complete application for a text or map amendment, the zoning administrator shall complete the review of the application and the zoning administrator, city administrator, and/or the city engineer may send a recommendation to the planning and zoning board and the city council. The recommendation shall set forth whether the amendment application should be granted or denied, shall suggest a zoning district classification, if any, and shall state the grounds for any such recommendations as they relate to the standards and the purposes of the zoning district classifications of the city.

(b)

Amended by ordinance. The regulations imposed and the zoning districts created under this chapter may be amended by ordinance, but no such amendment shall be made by the city council without public notice and without a public hearing within 15 days of the date of application was submitted to the planning and zoning board unless it is withdrawn by the applicant.

(Code 1977, § 17.56.040; Ord. No. 06-04, 2006)

The planning and zoning board of the city shall hold a public hearing of the petitioner's application. Once the planning and zoning board has heard the relevant facts regarding the case, the commission will give a recommendation to either accept or deny any or all of the proposed amendment to the city council. Notice of the public hearing will be given in the following manner:

(1)

By publishing notice of the time and place of such hearing in a paper of general circulation in the city not less than 15 nor more than 30 days prior to the date of the hearing. The planning and zoning board shall be given at least 15 days to review the amendment proposal.

(2)

By causing the notice to contain the particular location for which the amendment is requested as well as a brief statement describing the proposed amendment.

(3)

By notifying such property owners within a 250-foot radius, groups, or organizations as it seems desirable of the proposal.

(Code 1977, § 17.56.050; Ord. No. 06-04, 2006)

(a)

No amendment in any case shall be made by the city council without a public hearing by the planning and zoning board as required herein nor without a report having been made by the commission to the city council and every report shall be accompanied by a finding of fact specifying the reasons for the reported recommendations.

(b)

The planning and zoning board shall review the application, the recommendation of the zoning administrator, and the testimony at the public hearing and shall recommend the approval of the amendment, recommend approval of the amendment requested subject to specified conditions, or recommend denial of the amendment.

(Code 1977, § 17.56.060; Ord. No. 06-04, 2006)

Where the planning and zoning board is making a decision regarding an amendment to the zoning text or map, the following criteria shall be followed:

(1)

The proposed rezoning or text amendment conforms to the city's comprehensive plan.

(2)

The proposed rezoning or text amendment will not have a significant long-range effect on the development of surrounding land uses.

(3)

The proposed rezoning or text amendment will not have a detrimental effect on surrounding property values.

(4)

The greater good of the general public will be served rather than the hardship imposed on the property owners and will not amount to spot zoning.

(5)

The proposed rezoning or text amendment promotes the health, safety, and welfare of the general public.

(6)

The proposed rezoning or text amendment constitutes an expansion of an existing zoning district that, due to the lack of undeveloped land, can no longer meet the demand for the intended land uses.

(7)

The proposed rezoning or text amendment is suitable for the property and can be supported through sufficient public infrastructure and services.

(Code 1977, § 17.56.070; Ord. No. 06-04, 2006)

(a)

Upon the report of the planning and zoning board and the zoning administrator, the city council, without further public hearing, may adopt or deny any of the proposed amendment or may refer the report back to the commission for further consideration.

(b)

No amendment shall become effective unless it is first submitted to and approved by the planning and zoning board, or if disapproved, shall receive a two-thirds majority vote of the city council. If the planning and zoning board neither approves nor disapproves the amendment within 60 days after the same has been submitted, it shall be considered to be approved by the commission. However, the person requesting the amendment and the commission may mutually agree to an extension of time.

(Code 1977, § 17.56.080; Ord. No. 06-04, 2006)