Chapter 19.75
REZONE
Sections:
19.75.040 Development agreement.
19.75.010 Purpose.
This chapter establishes the procedures and criteria the city will use in making a decision on an application for a rezone of property within the same land use category as established in Chapter 19.12 OHMC; or implements a comprehensive plan amendment; or any change in the conditions imposed in the terms of a development agreement executed as part of a rezone. (Ord. 1798 § 2, 2017).
19.75.020 Procedure.
A rezone shall follow the quasi-judicial process in OHMC 18.20.270 for a review process V with an open public hearing before the planning commission with a recommendation to and final action by the city council. (Ord. 1949 § 2, 2022; Ord. 1798 § 2, 2017).
19.75.030 Criteria.
The city may approve an application for a rezone of property if:
(1) It is consistent with the comprehensive plan land use category and its goals, policies and intent, and the shoreline master program;
(2) It will not adversely affect the public health, safety or general welfare;
(3) The subject property is suitable for development in general conformance with zoning standards under the proposed zoning district;
(4) Adequate infrastructure, public facilities and services are, or would be, available to serve the development allowed by the proposed zone;
(5) It will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and
(6) It is appropriate because either:
(a) Conditions in the immediate vicinity have changed sufficiently since the property was classified under the current zoning that a rezone is in the public interest; or
(b) The rezone will correct a zone classification or zone boundary that was inappropriate when established; or
(c) The rezone will implement the policies of the comprehensive plan. (Ord. 1798 § 2, 2017).
19.75.040 Development agreement.
The city may require that the applicant enter into a development agreement with the city as a condition of the rezone, and may through the agreement impose development conditions designed to mitigate potential impacts of the rezone and development thereto. (Ord. 1798 § 2, 2017).