In recognition of the fact that physical, economic, and other conditions in the City may change over time, this chapter sets forth the procedures for amending the Zoning Code text. All such Zoning Code text amendments must be adopted in the manner in which other City ordinances are adopted.
(Ord. 2097 § 3, 2013)
Amendments to this Zoning Code may be initiated by:
(A) 
An application by an owner or agent of such owner seeking an amendment, supplement to, or change of the regulations prescribed for the owner's property or the reclassification of his or her property;
(B) 
The application of a person authorized to exercise the power of eminent domain;
(C) 
The City Planner;
(D) 
The Planning Commission; or
(E) 
The City Council.
(Ord. 2097 § 3, 2013)
(A) 
A public hearing before the Planning Commission must be noticed and conducted in accordance with this code.
(B) 
At the public hearing, the Planning Commission must review the application and proposal and receive evidence as to how or why the proposed zone text amendment is consistent with the objectives of this Zoning Code, the General Plan, and the City's development policies.
(C) 
The Planning Commission must act by resolution to recommend to the City Council approval, approval with modifications, or denial of the proposed application.
(D) 
The Planning Commission's resolution must include its recommendation and be transmitted to the City Clerk for scheduling the matter for consideration by the City Council.
(E) 
A proposed amendment to the Zoning Code that is inconsistent with the General Plan cannot be recommended or adopted until the General Plan is amended to eliminate such inconsistency. Such a General Plan amendment and any development proposal relying on the amendment may be considered concurrently.
(Ord. 2097 § 3, 2013)
(A) 
After receiving a Planning Commission resolution recommending approval or denial of a Zoning Code text amendment, the City Clerk must set the matter for public hearing before the City Council in accordance with applicable law including, without limitation, this code.
(B) 
At the hearing, the City Council will review the Planning Commission's recommendation and receive evidence as to how or why the proposed Zoning Code text amendment is consistent with the objectives of this Title 21, the General Plan, and development policies of the City.
(C) 
If the City Council proposes any substantial modification to the application not previously considered by the Planning Commission, the City Council may, but is not required to, refer the matter back to the Planning Commission for consideration. No public hearing is required for the Planning Commission's reconsideration.
(D) 
The City Council can amend Title 21 or deny the application or recommendation for the amendment by a majority vote of the City Council.
(E) 
Following the decision of the City Council ordering amendment of this Title 21 or denying the application or recommendation for the amendment, the City will give notice of said decision in writing to the applicant at the address shown on the application and to the Planning Commission.
(Ord. 2097 § 3, 2013)
The City Council must make the following findings before approving a Zoning Code text amendment:
(A) 
That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan;
(B) 
That the proposed amendment will not adversely affect surrounding properties; and
(C) 
That the proposed amendment promotes public health, safety, and general welfare and serves the goals and purposes of the Zoning Code.
(Ord. 2097 § 3, 2013)