§ 30.86.220. Zoning Amendments.

A.

The City Council may amend, supplement or change the regulations and zones herein or subsequently established after recommendation thereupon by the Planning Commission, and after public hearings as required by law. An amendment, supplement or change may be initiated by resolution of the City Council or the Planning Commission or by petitioning of the owners of the subject property.

B.

When an amendment to this Chapter or map is initiated, it shall be on a form prescribed by the Planning Commission, accompanied by such data and information as may be prescribed so as to assure the fullest practicable presentation of the facts for the permanent record. Upon filing of such form and required data and information, a public hearing shall be conducted pursuant to the provisions of this Code and State law. The Planning Commission shall hear the request and shall either continue the matter to allow additional testimony, studies, surveys, or investigations as it deems appropriate, or following hearing and recommendation by the Planning Director, shall by resolution, approve or deny the subject request based on findings presented in Subsection C. Any such resolution to approve or deny an amendment to this Chapter shall be in the form of a recommendation to the City Council, except that any denial shall be final unless appealed to the City Council pursuant to the provisions of this Code and State law. Within ten days after taking action to recommend approval of an amendment to this Chapter, the Planning Commission shall transmit a written copy of that recommendation for approval, together with the findings and other matters as may be related to the request, to the City Council. Upon receipt of said recommendation for approval, or upon receipt of a timely appeal of a denial, the City Council shall hold at least one public hearing pursuant to the provisions of this Code and State law and thereafter act on the request pursuant to the findings required by Subsection 30.86.220.C.

C.

Required Findings to Grant. Each determination to grant or recommend the granting of an amendment to this Chapter shall be supported by written findings of fact showing specifically how the determination meets the following criteria and requirements:

1.

That there are changed conditions since the previous zoning became effective to warrant other or additional zoning;

2.

That the granting of such zoning will be in the interest or furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the established character of the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the rezoned property is located;

3.

That the granting of such zoning conforms to the general purpose, planned use, and intent of the adopted Community Plan, or any ordinance, regulation, or plan in effect to implement said Community Plan.

D.

Planning Commission Denial Final Unless Appealed. A Planning Commission denial of a request for amendment to this Chapter shall be final and the City Council shall take no further action thereon, except that said denial may be appealed pursuant to the appeal provisions of this Code and State law. Failure to appeal within the time period specified in this Code shall result in termination of the case.

E.

City Council Action Final; Referral of Changes to the Planning Commission. The action by the City Council on the application for amendment shall be final and conclusive except that if the decision is contrary to the recommendation of the Planning Commission, the City Council shall request a further report of the Planning Commission before it makes its decision final. Failure of the Planning Commission to act within forty days of receipt of notice of the City Council's request shall automatically make the City Council's decision final.

F.

Conditions on Zone Amendments. When it is found necessary for the preservation of the health, safety and general welfare of the public, the orderly development of the City, and the implementation of the Community Plan, the City Council or Planning Commission may require as a condition precedent to a change of zone initiated by property owners, the dedication of property or the installation of facilities either on-site or off-site as may be deemed necessary to protect the public investment and to make the affected properties suitable for the uses permitted by the amendment, supplement, or change in regulations or district. The facilities or matters so required shall be completed or reasonable guarantees acceptable to the City shall be provided for their completion prior to the adoption of any such amendment, supplement or change in regulations or district.

G.

Effective Date of Zone Amendments. An amendment to this Chapter or map as may be approved by the City Council shall, unless otherwise excepted, become effective thirty days after adoption of said amendment.

H.

Reapplications. No application from one or more owners of property, for zoning or rezoning the same property or essentially the same parcel of land which has been denied by the City Council, shall be accepted by the Planning Commission within twelve months of such denial; provided however, that the City Council may permit the processing of such application by the affirmative vote of the majority of its members.