16-9-4: PROCEDURES OF OPERATION:

All administrative, personnel, accounting, budgetary and procurement policies of the City shall govern the Zoning Advisory Commission in all its operations, except as herein provided. (Ord. 52-09, 10-19-2009)

16-9-5: ZONING RECLASSIFICATION:

   A.   The City Council finds that the reclassification of property is a sensitive and important legislative function which, in the interest of maintaining uniform zoning policies and the integrity of the comprehensive plan, should only be exercised sparingly and under proper conditions. For this reason, and because the original zoning district boundaries under this title are presumed to be correct and appropriate, it shall hereafter be the policy of the City to reclassify property only where a clear showing has been made that the original classification was a mistake or that circumstances and conditions affecting the property in question have so materially changed so as to demand reclassification in the public interest.

   B.   The reclassification procedures outlined herein should not be confused with, or used in place of, the amendment process or the variance process. Thus, the Council intends that reclassification of property should not be entertained where: 1) an alleged hardship peculiar to the property is claimed, which is more properly the subject of a variance request; or 2) it is alleged that the provisions themselves as applied to similar properties are unreasonable, which is more properly the subject of a text amendment proposal. In all cases, the burden shall be upon the person(s) seeking reclassification to demonstrate that the requested reclassification is more appropriate than the present classification, in light of the characteristics of the property and the public welfare.

   C.   Furthermore, it is contemplated under this title that the Long Range Planning Advisory Commission is, in the first instance, the body responsible for the formulation and continuing review of the comprehensive plan, as expressed herein, and this commission shall be charged with the duty of periodically reviewing the policies and provisions of this title in light of its purposes and changing conditions, and proposing on its own initiative such district reclassifications or Code amendments as may be deemed appropriate to secure the public welfare. (Ord. 52-09, 10-19-2009)

16-9-5-1: APPLICATION REQUIREMENTS:

   A.   Any person may request a reclassification of property to another district, regardless of such person's interest in the property, by submitting a completed zoning reclassification application together with the required fee, to the Planning Services Department.

   B.   The applicant may submit a written request to withdraw the reclassification application at any time prior to final action by the City Council. (Ord. 52-09, 10-19-2009)

16-9-5-2: ZONING ADVISORY COMMISSION ACTION:

   A.   The Zoning Advisory Commission shall consider a reclassification request at a public hearing. Following the public hearing, the Zoning Advisory Commission shall act to recommend approval or denial of the request or table the request. (Ord. 52-09, 10-19-2009)

   B.   The recommendation of the commission shall forthwith be transmitted to the Council for its action. (Ord. 2-19, 1-22-2019)

16-9-5-3: CITY COUNCIL ACTION:

   A.   Public Hearing: Following receipt of any recommendation of the commission, the City Clerk shall cause a notice to be published of the date, time and place for the City Council to hold a public hearing on the requested reclassification.

   B.   Adopt, Table Or Reject Request: Following the public hearing, the Council shall act to adopt, table or reject the reclassification request. In cases where the commission has recommended disapproval of the reclassification, the vote of at least three-fourths (3/4) of the Council shall be required to enact the reclassification.

   C.   Written Protest Against Request: Furthermore, in case of a written protest against the reclassification request which is filed with the City Clerk and signed by the owners of twenty percent (20%) or more of the area of the lots included in the request, or by the owners of twenty percent (20%) or more of the property which is located within two hundred feet (200') of the exterior boundaries of the property being considered for reclassification, such request shall not be enacted except by the favorable vote of at least three-fourths (3/4) of the Council. Property owned by the City or located in the public right-of-way shall not be considered in the above calculation of twenty percent (20%) area of property ownership. (Ord. 52-09, 10-19-2009; amd. Ord. 7-11, 1-18-2011; Ord. 11-21, 4-19-2021)

16-9-6: TEXT AMENDMENT PROCEDURE:

16-9-6-1: TEXT AMENDMENT:

Text amendments are intended for wholesale changes to the zoning regulations, as a means for the City to respond to changing conditions and emerging trends in the community. Text amendments are not property specific. (Ord. 52-09, 10-19-2009)

16-9-6-2: APPLICATION REQUIREMENTS:

Any person may propose amendments to the provisions of this title by delivering a copy of the proposed amendment to the Planning Services Department. The applicant may submit a written request to withdraw the text amendment application at any time prior to final action by the City Council. (Ord. 2-19, 1-22-2019)