Part 20.30A Rezone

20.30A.110 Scope.

This Part 20.30A establishes the procedure and criteria that the City will use in making a decision upon an application for a rezone of property from one land use district to another land use district or for any change in the conditions imposed or in the terms of a concomitant agreement executed as part of a rezone. (Ord. 4973, 3-3-97, § 812; Ord. 4816, 12-4-95, § 912)

20.30A.115 Applicability.

This part applies to each application for a rezone of property. (Ord. 4973, 3-3-97, § 813; Ord. 4816, 12-4-95, § 913)

20.30A.120 Purpose.

A rezone of property is a mechanism by which the land use district classification, conditions or concomitant agreement applicable to property can be changed to reflect new land use policies. (Ord. 4973, 3-3-97, § 814; Ord. 4816, 12-4-95, § 914)

20.30A.140 Decision criteria.

The City may approve or approve with modifications an application for a rezone of property if:

A.    The rezone is consistent with the Comprehensive Plan; and

B.    The rezone bears a substantial relation to the public health, safety, or welfare; and

C.    The rezone is warranted in order to achieve consistency with the Comprehensive Plan or because of a need for additional property in the proposed land use district classification or because the proposed zoning classification is appropriate for reasonable development of the subject property; and

D.    The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and

E.    The rezone has merit and value for the community as a whole. (Ord. 4973, 3-3-97, § 818; Ord. 4816, 12-4-95, § 918)

20.30A.145 Limitation on authority.

The City may not approve a rezone of property which is governed by a resolution or ordinance of the City Council which temporarily prohibits rezone of the property. (Ord. 4973, 3-3-97, § 819; Ord. 4816, 12-4-95, § 919)

20.30A.150 Map change.

Following approval of a rezone of property, the City shall amend the zoning map of the City to reflect the change in land use district. The City shall also indicate on the zoning map the number of the ordinance adopting the change. (Ord. 4973, 3-3-97, § 820; Ord. 4816, 12-4-95, § 920; Ord. 4028, 7-17-89, § 7)

20.30A.155 Concomitant agreement.

The City is specifically authorized to require that the applicant enter into a concomitant agreement with the City as a condition of the rezone, and may through that agreement impose development conditions designed to mitigate potential impacts of the rezone and development pursuant thereto. (Ord. 4973, 3-3-97, § 821; Ord. 4816, 12-4-95, § 921)