Chapter 18.43
PREZONING
Sections:
18.43.020 Initiation – Application fee.
18.43.040 Public hearings – Recommendations of Planning Commission.
18.43.050 Action of City Council.
18.43.010 Authorized.
Unincorporated territory adjoining the City may be prezoned for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the City. The method of accomplishing such prezoning shall be as provided by this chapter. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (33).]
18.43.020 Initiation – Application fee.
Application for prezoning may be initiated by the City Council or the Planning Commission or by application of one (1) or more owners of property affected by the proposed prezoning, which application, in the case of an individual applicant, shall be accompanied by a fee as prescribed by City resolution. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.43.030 Application.
An application for prezoning shall be filed on a form prescribed for that purpose by the City and shall be accompanied by maps, drawings and data necessary to demonstrate that the proposed prezoning is in general conformance to the General Plan of the City, if the same covers the area sought to be prezoned, and that public necessity, convenience and general welfare require the adoption of the proposed prezoning. An accurate and precise legal description and a map of the subject property and existing buildings shall be submitted with the application. The map shall be drawn from and at the same scale as the County Assessor’s block book maps and shall include the following information:
A. All parcels of land, any parts of which are closer than three hundred (300) feet from any part of the property proposed to be prezoned.
B. Full names and addresses of registered owners of all parcels described in subsection A of this section, within three hundred (300) feet.
C. Existing streets, streets proposed by an officially adopted plan of the City and all surface drainage channels.
D. Existing zoning of all the land within three hundred (300) feet of the property proposed to be prezoned whether within or without the City. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.43.040 Public hearings – Recommendations of Planning Commission.
A. Without regard to whether such application is initiated by the City Council, the Planning Commission or one (1) or more of the owners of the property affected, the Planning Commission shall hold a public hearing on any proposed ordinance to prezone. Notice of the time and place of such hearing, including a general explanation of the matter to be considered, and including a general description of the area affected, should be given at least ten (10) calendar days before the hearing in the following manner:
1. Notice shall be published at least once in a newspaper of general circulation, published and circulated in the area to be prezoned, or if there is none, it shall be posted in at least three (3) public places in the area to be prezoned.
2. In addition to notice by publication as hereinabove provided, the City may give notice of the hearing in such other manner as it may deem necessary or desirable.
B. Any hearing may be continued from time to time.
C. After the hearing, the Planning Commission shall render its decision in the form of a written recommendation to the City Council. This recommendation shall include the reason for the recommendation and shall be transmitted to the City Council in such form and manner as may be prescribed by the City Council. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.43.050 Action of City Council.
A. The City Council shall consider the recommendation of the Planning Commission at a public hearing duly noticed as required by State law.
B. At the time and place set for the public hearing, the Council shall review the request for prezoning, the resolution or report of the Planning Commission, the report of the Planning Director and any public comments.
C. The City Council shall make a specific finding as to whether the request for prezoning is required to achieve the objectives of the zoning ordinance prescribed in DMC 18.01.010. If the Council finds that the prezoning is required, it shall enact an ordinance amending the zoning map, effective at the time the subject property is annexed to the City of Dixon. If the Council finds that the change is not required, it shall deny the request for prezoning. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (34).]