An amendment to the Zoning Map changing a property from one zone to another shall be made in accordance with the provisions of this chapter.
A. Criteria for granting a change of zone. The Planning Commission, in recommending and the City Council in approving a proposed change of zone, shall consider the following:
1. That the proposed zone change is in conformity with the General Plan as amended. Where conflicts exist between the zone change and the General Plan, and it is determined that the proposed change of zone is in the interest of the city, the General Plan may be amended concurrently with the zone change.
2. That the subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses and other considerations deemed relevant by the Planning Commission and City Council.
3. That the proposed change of zone is not detrimental to the use of land in any adjacent zone.
B. Procedure.
1. Initiation. Such change may be initiated by the City Council, Planning Commission, owner, or duly authorized agent thereof, of any land or by an applicant who is, or will be, the plaintiff in an action in eminent domain to acquire the property. An application for change of zone shall be filed in accordance with § 20.400.040.
2. Filing fee. The applicant shall be required to pay appropriate fees as determined by City Council resolution to cover costs and expenses involved in processing an application for change of zone.
3. Filing prior to hearing. Any and all applications to be filed under and pursuant to the provisions of this section must be filed with the Planning Commission not less than fifteen (15) days prior to the date set for the hearing of said application.
4. Notice of hearing. Forthwith upon the filing of a completed application for a change of zone, the Secretary to the Planning Commission shall set a public hearing before the Planning Commission on the subject of the Planning Commission's prospective recommendation to the City Council on the proposed change of zone. Notice shall be given as required by law. (See: Chapter 20.416)
5. Commission hearing. The Planning Commission shall conduct a public hearing upon the matters referred to in such an application. Within forty (40) days after conclusion of said hearing, the Planning Commission shall make a determination and report thereon to the City Council.
6. Commission findings and decisions. If, from the facts presented to the Planning Commission in the application, at the public hearing, or by investigation, the Planning Commission, by a majority vote of a quorum then present, finds that public necessity, convenience, general welfare, or good zoning practice, require the proposed change of zone involved or any portion thereof, the Planning Commission shall recommend such proposed change to the City Council; otherwise the application shall be disapproved. The Planning Commission shall make its findings and recommendation in writing within forty (40) days from the date of completion of the hearing and shall forthwith transmit a copy thereof to the applicant. If the Planning Commission recommends approval of the proposed change or any portion thereof, it shall transmit the application together with its report and recommendation relative thereto, to the City Council for its action. If the Planning Commission fails to make a determination within the time limit herein specified, it shall lose jurisdiction and applicant may appeal to the City Council as hereinafter provided.
7. Council action. Upon receipt of the application together with the Planning Commission's report and recommendations relative thereto, the City Council shall hold a public hearing noticed as required by law. After City Council has conducted said hearing, it shall either:
a. Confirm the recommendations of the Planning Commission and effect such change by ordinance; or
b. If the City Council does not agree with all or any part of the Planning Commission's recommendations, City Council shall refer the matter back to the Planning Commission for a report of the parts in question. Upon receiving the report of the Planning Commission, or after forty (40) days after the date of the referral, the City Council may, by ordinance, effect any change even though the Planning Commission does not concur.
8. Denial and appeal. If, after the original hearing, the Planning Commission denies the application or does not make a determination within the time limit specified, the applicant may, within ten (10) days from the date on which the notification of denial was mailed to said applicant or upon termination of the time limit, appeal to the City Council by written notice of appeal filed with the City Clerk.
9. Alternate action. Where there is an application for a zone change and the Planning Commission and/or City Council find that the public interest would best be protected by, as an alternate, granting a conditional use permit to allow a more limited but appropriate group of uses than permitted in the requested zone, such permit may be recommended by the Planning Commission and granted by the City Council, provided there is a finding that the site is appropriate for one or more, but not all of the uses listed in the zone applied for, and where the Planning Commission or City Council determine that a time limit or other conditions are essential to protect the public health, safety, general welfare and the policies set forth in the general plan.