§ 2-44. Action by the city council.

(a)

Guidelines and procedures. In its deliberation and consideration of applications for amendment, the city council shall utilize the following guidelines and procedures:

(1)

All applications for amendment of the zoning text or zoning map shall be decided on the basis of evidence of record.

(2)

The city council may dismiss any application if it finds that:

a.

The application does not conform to the procedural requirements of this article; or

b.

The application is found to be in violation of the time limits set forth in section 2-40(b).

(3)

The city council may allow an application to be withdrawn at any time; provided, that any subsequent application involving all or part of the land forming a part of said withdrawn application shall be subject to the time limitations set forth in section 2-40(b).

(4)

If an application is not dismissed or allowed to be withdrawn as herein provided, it shall either be approved or denied on the merits. In the case of denial, any subsequent application involving all or part of the land forming a part of said denied application shall be subject to the time limitations set forth in section 2-40(b).

(5)

No application for a text amendment affecting specific property which contains conditions, limitations or requirements not generally applicable to all other property regulated by the zoning district classification in question shall be approved, and no application for a map amendment for a specific property which contains conditions, limitations or requirements not generally applicable to all other properties regulated by the zoning district classifications to which the particular property is proposed to be rezoned shall be approved.

(6)

No application for a map amendment shall be approved for a type of zoning district other than that for which an application has been made.

(7)

No application for a map amendment shall be approved for a greater area than applied for, but an application may be approved for a smaller area if the rezoning of such smaller area is supported by the evidence of record and such smaller area is accurately delimited in the record.

(8)

The decision of the city council approving, denying or dismissing any application for text or map amendment shall be rendered within 60 days after public hearing is heard thereon. The decision of the city council shall be determined by a majority vote of a constituted quorum.

(9)

Any ordinance or resolution embodying the decision of the city council approving, denying, or dismissing any application shall be filed in the office of the city clerk, and a copy shall be provided to the applicant upon request.

(b)

Criteria and standards to be considered in review of application for zoning amendments.

(1)

The city staff, the planning and zoning board, and the city council may review and consider any of the following criteria and standards in regard to the advisability of adopting a zoning amendment:

a.

Whether the proposed amendment would be spot zoning.

b.

The existing land use pattern.

c.

The possible creation of an isolated district unrelated to adjacent and nearby districts.

d.

Whether the existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for the change.

e.

Whether changed or changing conditions make passage of the proposed amendment necessary.

f.

Whether the proposed change will adversely affect living conditions in the immediate and surrounding neighborhoods.

g.

Whether there is adequate access to the site and whether the proposed change will create or excessively increase traffic congestion or otherwise affect traffic safety.

h.

Whether the proposed change might result in the reduction of light and air to adjacent properties or areas.

i.

Whether the proposed change might result in lower property values in adjacent areas.

j.

Whether the property, as rezoned, could be developed in a manner which would comply with other existing city, state, and federal regulations governing development.

k.

Whether the proposed change would result in, or act as a deterrent to, the improvement or development of adjacent property in accordance with the existing regulations.

l.

Whether the property which is the subject of the proposed change is a suitable site or location for the uses available under a proposed zoning district.

m.

Whether certain portions of the property are not suitable for development under the proposed zoning classification.

n.

Whether adequate public facilities are available to the site, including, but not limited to, water and sewer facilities.

o.

Whether the property is developable under the zoning classification without appropriate public facilities, including, but not limited to, water and sewer facilities, and adequately addresses stormwater management.

p.

Whether the site proposed for zoning change would be subject to flooding and the effect of such flooding on the proposed or possible improvements on the site.

q.

The physical characteristics of the site and the degree of site alteration which would be required to make the site usable for any of the range of potential uses under the proposed zoning classification.

r.

Whether the proposed zoning change would be consistent with the goals, objectives, and policies set forth in adopted comprehensive plans or elements.

s.

Such other factors, standards, or criteria which the city council shall deem important in the protection of the public health, safety, and welfare.

(2)

The city staff, after consideration of the above-referenced criteria and standards, shall present a recommendation on the proposed amendments to both the planning and zoning board and the city council.

(c)

Conditions which may be imposed on rezoning applicants. The following conditions may be imposed by the planning and zoning board or the city council upon applicants for rezoning or density modification, as an incident to the approval of such a rezoning or a density modification:

(1)

If the applicant, at his option, proposes a specific use or range of uses permitted under the zoning classification for which application has been made, as a condition of approval of such proposal, the development of the property which was the subject of the rezoning application shall be restricted to the approved use or range of uses. Any proposed modification of an approved use or range of uses must undergo the same procedure which was employed in the original rezoning approval. The building official or the council's designee shall determine whether a use falls within the approved range of uses.

(2)

The applicant shall be required to dedicate, transfer, or convey right-of-way or public easements as a condition of zoning approval, where:

a.

Such a condition is necessary to ensure current or future adequate traffic flow to and through the land and adequate drainage, and to otherwise assure the suitability of the site for the proposed use;

b.

Such a condition is necessary to implement goals, objectives, and policies set forth in any adopted comprehensive plans or elements which project the future anticipated needs of the community with regard to roads and drainage;

c.

Such a condition is necessary in order to expand existing road and drainage facilities so as to meet the increased demand or burden, if any, placed upon such facilities as a result of the impact of the proposed use or of new users generated by the proposed use; or

d.

Such dedication, transfer, or conveyance is necessary to promote, expand, unify, or preserve an approved existing pattern of development or existing system of public improvements.

1.

The interest in or amount of property required to be dedicated or conveyed shall be reasonably related to:

(i)

The projected impact of the proposed zoning change on public improvements and facilities; or

(ii)

The projected future needs of the community, as identified in a capital improvement plan, comprehensive plan, or element adopted by the city council.

2.

The applicant shall be required to improve access to the property on a proportionate or fair share basis, if such access is:

(i)

Necessary to ensure safe and adequate traffic flow and direct access to and through the property;

(ii)

Necessary to make the property suitable for uses intended or permitted under the requested zoning classification; and/or

(iii)

Substandard to the extent that the property would not be suitable for uses permitted under the requested rezoning without improvements.

3.

Conditions imposed under this subsection shall be binding on the applicant, the city, and, upon the recording of an appropriate notice of a "Rezoning Subject to Conditions" upon the official zoning map or other designated official record, on all successors-in-interest to the applicant. The recording of such a notice may be made in the notation form, "conditions," or any substantially similar form, and such a notation is hereby deemed to place any successor-in-interest or other interested person or inquiry on notice of the conditions imposed. Such conditions shall be made available by the building official or his designee upon request by any interested person.

(d)

Density modification. The city council hereby reserves jurisdiction to modify densities on property for which a rezoning has been requested where the rezoning is appropriate but a minimal modification of density restrictions is warranted due to hardship or unique circumstances demonstrated by the applicant. Appropriate conditions may be imposed on any density modification where necessary to protect the health, safety, and welfare of the public. Any such density modification shall be consistent with the comprehensive plan.

(e)

Specific uses. Notwithstanding any other subsection in this section, if the applicant, at his option, proposes a specific use or range of uses permitted under the zoning classification for which application has been made, as a condition of approval of such proposal, the development of the property which was the subject of the rezoning application shall be restricted to the approved use or range of uses. Any proposed modification of an approved use or range of uses must undergo the same procedure which was employed in the original rezoning approval. The city building official or the council's designee shall determine whether a use falls within the approved range of uses. Applicants for a rezoning shall have the option of applying for a specific use or range of uses permitted under the zoning classification being sought.

(Ord. No. 05-536, § 301.16, 12-20-2005)