(A) Generally. In its review of an application for rezoning, the city shall consider the criteria as defined in subsections (B) through (H) below. No single factor is controlling; instead, each must be weighed in relation to the other standards.
(B) Consistency. Rezoning shall be consistent with the adopted Comprehensive Plan.
(C) Adverse impacts on neighboring lands. The city shall consider the nature and degree of an adverse impact upon neighboring lands. Lots shall not be rezoned in a way that is substantially inconsistent with the uses of the surrounding area, whether more or less restrictive. Further, the city finds and determines that vast acreages of single-use zoning produces uniformity with adverse consequences, such as traffic congestion, air pollution and social alienation. Accordingly, rezonings may promote mixed uses subject to a high degree of design control.
(D) Suitability as presently zoned. The city shall consider the suitability or unsuitability of the tract for its use as presently zoned. This factor, like the others, must often be weighed in relation to the other standards, and instances can exist in which the use for which land is zoned may be rezoned upon proof of a real public need, substantially changed conditions in the neighborhood or to effectuate important goals, objectives, policies and strategies of the Comprehensive Plan, specification or UDC.
(E) Health, safety and welfare. The amendatory ordinance must bear a substantial relationship to the public health, safety, morals or general welfare, or protect and preserve historical and cultural places and areas. The rezoning ordinance may be justified, however, if a substantial public need or purpose exists, and this is so even if the private owner of the tract will also benefit.
(F) Public policy. Certain public policies in favor of the rezoning may be considered. Examples include a need for affordable housing, economic development, mixed-use development or sustainable environmental features, which are consistent with neighborhood, area or specific plans.
(G) Size of tract. The city shall consider the size, shape and characteristics of the tract in relation to the affected neighboring lands. Amendatory ordinances shall not rezone a single lot when there have been no intervening changes or other saving characteristics. Proof that a small tract is unsuitable for use as zoned, or that there have been substantial changes in the immediate area, may justify an amendatory ordinance.
(H) Other factors. The city may consider any other factors relevant to a rezoning application under state law.
(Ord. 3020, passed 9-10-2013, § 4.21.5)