Chapter 17.360
CHANGE IN ZONE DESIGNATION

Sections:

17.360.010    General.

17.360.020    Initiation.

17.360.030    Recommendation for geographic expansion.

17.360.040    Hearing.

17.360.050    Decision.

17.360.060    Conditions.

17.360.070    “Q” qualified classification.

17.360.010 General.

A change in zone designation may be made to correct a mistake in the original zoning, or for other reasons which satisfy the criteria set forth in this section. The overriding consideration in granting a change in zone designation is whether all uses permitted by the new designation are appropriate and compatible with uses in the surrounding zones and with the comprehensive plan, not only the use which would be permitted in the specific proposal under review. A change in zone designation can be approved on a conditional use basis effective only for the specific use proposed by the applicant; should the property cease to be used for such specific use, the zone designation, and the plan designation if it had been changed in conjunction with the rezone, would revert automatically to the designations it possessed immediately prior to the granting of the qualified rezone. [Ord. 320, 2002; Ord. 93 § 5.14.1, 1987].

17.360.020 Initiation.

A request to change a zone designation may be initiated by:

(1) The city council or planning commission on their own motion.

(2) A request by the public works and development department.

(3) A request of a property owner or the owner’s authorized representative. [Ord. 320, 2002; Ord. 93 § 5.14.2, 1987].

17.360.030 Recommendation for geographic expansion.

The director of public works and development may request an expansion of the geographic limits of the area subject to the new zone designation set forth in an application, if, in the director’s judgment, such an expansion would advance the policies and objectives of the comprehensive plan or result in development which is compatible with development authorized in the surrounding districts. The director shall submit the request to the hearings body prior to publication of the notice of public hearing. After the public hearing, the hearings body may expand the geographic limits, or deny the director’s request. [Ord. 320, 2002; Ord. 93 § 5.14.3, 1987].

17.360.040 Hearing.

A public hearing is required before granting a change in zone designation and shall be conducted in accordance with Chapter 17.300 CBMC. [Ord. 320, 2002; Ord. 93 § 5.14.4, 1987].

17.360.050 Decision.

(1) If a comprehensive plan map amendment is proposed or required in conjunction with a change in zone designation, the amendment shall be processed concurrently as set forth in Chapter 17.380 CBMC.

(2) The hearings body may make a recommendation to the city council to approve or approve with conditions a change in zone designation, only after adopting findings of fact which substantiate:

(a) The existing zone designation was the product of a mistake in the original zoning; or

(b) All of the following criteria:

(i) The change in zone will conform with the policies and objectives of the comprehensive plan;

(ii) The overall change in the zone district will result in development which is compatible with development authorized in the surrounding districts;

(iii) The change will not prevent the use of other land in the vicinity;

(iv) It is appropriate at this time to permit the specific type of development or change in zone designation into the area in which it had not previously existed; and

(v) The change will be consistent with the functions, capacities and levels of service of facilities identified in the adopted Coos Bay transportation system plan.

(3) A determination by the planning commission that a change in zone designation is not appropriate is a final decision not requiring further action by the city council, unless appealed.

(4) A determination by the planning commission that approval or approval with conditions is appropriate shall not in itself constitute a change in the zoning designation or a final decision.

(5) The city council shall hold a public hearing, review the record and the planning commission’s recommendation, shall enact, enact with conditions, or not enact the proposed change in zone designation, and shall make findings which support its decision. The city council will allow additional evidence to be presented at the time of public hearing, but shall, if requested by the applicant or appellant, grant additional time to respond to new evidence first presented at this hearing. [Ord. 344, 2004; Ord. 320, 2002; Ord. 93 § 5.14.5, 1987].

17.360.060 Conditions.

Conditions on the new zone designation may be imposed to protect the health, safety, and general welfare of the neighborhood and general public. These conditions include, but are not limited to, those listed in Chapter 17.355 CBMC. [Ord. 320, 2002; Ord. 93 § 5.14.6, 1987].

17.360.070 “Q” qualified classification.

The city council may place the property in a “Q” qualified rezoning classification where limitations are imposed pursuant to CBMC 17.360.010. The “Q” qualified classification shall be indicated by the symbol “Q” following the approved zoning designation (e.g., C-1 Q). [Ord. 320, 2002; Ord. 93 § 5.14.7, 1987].