Chapter 19.50


19.50.010    Purpose.

19.50.020    Application.

19.50.120    Rezone criteria.

19.50.010 Purpose.

The purpose of this chapter is to provide site-specific rezone criteria for amending the official zoning map. (Ord. 1461 § 4 (Exh. B) (part), 2013).

19.50.020 Application.

A. Application for site-specific rezone or official zoning map amendment shall be pursuant to Chapter 19.18 and shall include a conceptual site plan. The administrator may require a traffic impact analysis and other studies necessary to demonstrate compliance with the criteria established in this chapter.

B. Site-specific zoning map amendment requests may be submitted at any time and are classified as Type III permit and shall be processed pursuant to this title.

C. Applicants for the proposed site-specific rezone have the burden of proof in demonstrating for the public record that the rezone criteria are satisfied in the case of their proposal.

D. Applicants may propose special conditions to be imposed upon the proposed site-specific rezone amendment.

E. The city is specifically authorized to enter into a concomitant agreement as a condition of a proposed site-specific rezone and through that agreement impose conditions designed to mitigate potential impacts of the reclassification and development pursuant thereto. (Ord. 1461 § 4 (Exh. B) (part), 2013).

19.50.120 Rezone criteria.

A. Applications for site-specific rezone amendments to the zoning district map may only be approved if all the following criteria are satisfied:

1. The application for the site-specific rezone amendment must be consistent with and further the goals, policies, and objectives of the comprehensive plan.

2. The application for the proposed site-specific rezone amendment must further or bear a substantial relationship to the public health, safety and general welfare. Issues to be considered include, but are not limited to, the following:

a. Whether the proposed site-specific rezone will impose burdens upon public facilities beyond their capacity to serve, or reduce such services to lands, which are deemed unacceptable by the city;

b. Whether the proposed site-specific rezone will result in any hazardous conditions or the unsafe presence of hazardous materials in the community; and

c. Whether the proposed site-specific rezone of the site would be compatible with the development of zoning in the immediate neighborhood.

3. The application for the site-specific rezone shall evaluate and demonstrate land use circumstances. Issues to be considered include, but are not limited to, the following:

a. Whether the proposed site-specific rezone will be consistent with the intent of the zoning ordinance and the affected zoning district(s);

b. Whether development involving the proposed site-specific rezone will mitigate any adverse impact(s) upon existing or anticipated land uses in the city;

c. The proposed rezone represents a better use of the land from the standpoint of the comprehensive plan including economic development;

d. The unique characteristics, if any, of the property or circumstances of the owner; and

e. Any hardship that may result in the event the rezone is not granted.

4. Property shall be adjacent and contiguous (which shall include corner touches and property located across a public right-of-way) to property of the same zoning district. Spot zoning is not allowed.

5. The site-specific rezone has merit and value for the community as a whole. (Ord. 1461 § 4 (Exh. B) (part), 2013).