The Zoning Map and Land Use Code may be amended by changing the boundaries of any district, by applying an overlay district or by changing any district regulation, general provision, exception or other provision, in accord with the procedures prescribed in this article.
(Ord. 950 § 2 (Exh. A § 2900), 1998)
A. 
Zoning Map changes may be initiated by a property owner or the authorized agent of the property owner filing an application for a change in district boundaries. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in the filing of the application.
B. 
Zoning Map changes may be initiated by resolution of the planning commission or by action of the City Council in the form of a request to the commission that it consider a proposed change.
C. 
A proposal for a change in district boundaries initiated by the planning commission and one initiated by a property owner for all or part of the same area may be considered simultaneously.
D. 
Changes to the text of the Land Use Code may be initiated by the City or may be requested by any member of the public.
(Ord. 950 § 2 (Exh. A § 2905), 1998)
A. 
A property owner desiring to propose a change in the boundaries of the district in which his or her property is located or an authorized agent may file with the planning commission an application for a change in district boundaries on a form prescribed by the commission which shall include the data listed below.
1. 
Name, address and telephone number of the property owner and applicant, if the applicant is not the owner.
2. 
Statement that the applicant is the owner or the authorized agent for the owner of the property for which the change in district boundaries is proposed.
3. 
Address and description of the property proposed for change.
4. 
An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from the exterior boundary of the site and showing the location of streets and adjacent property lines.
5. 
Applicable fees as required by resolution of the City Council.
B. 
A property owner or member of the public desiring to propose an amendment to the text of the Land Use Code may file with the planning commission an application for a change in Land Use Code text on a form prescribed by the commission which shall include the data listed below.
1. 
Name, address and telephone number of the property owner and applicant, if the applicant is not the owner.
2. 
Description of the proposed change in wording.
3. 
Supporting information showing how the proposed amendment is consistent with applicable provisions of the General Plan and why the proposed text change should be incorporated into the Land Use Code.
4. 
Applicable fees as required by resolution of the City Council.
(Ord. 950 § 2 (Exh. A §§ 2910, 2915), 1998)
In addition to the above requirements, applications shall be accompanied by any additional material required by the planning and building director to show site information, architecture and landscaping.
(Ord. 950 § 2 (Exh. A § 2920), 1998)
A. 
The planning commission shall hold at least one public hearing on a proposed Zoning Map or Land Use Code amendment, with hearing notices given as prescribed in HMC § 20.28.080.
B. 
Within 45 days following the public hearing, the planning commission shall make a specific finding as to whether the amendment is consistent with objectives of the Land Use Code.
C. 
The commission shall transmit a report to the City Council recommending that the application be granted, granted in modified form, or denied or that the amendment be adopted, adopted in modified form, or rejected, together with a copy of the application, resolution of the commission, or request of the City Council; the scale drawing of the site and the surrounding area and all other data filed therewith; the minutes of the public hearing; and the findings of the commission.
(Ord. 950 § 2 (Exh. A §§ 2925, 2930), 1998)
The following procedures are required for the special applications noted below.
A. 
Applications and Proposals for C Commercial Zoning. In the case of an application or proposal for a change in district boundaries to increase the amount of land zoned C commercial, the planning commission may recommend the granting of the application as applied or in modified form or may propose the change in district boundaries only if, on the basis of the application and the evidence submitted, the commission makes findings of fact that establish that all of the following circumstances apply:
1. 
The development will be consistent with the General Plan.
2. 
The development as proposed in the plans and drawings accompanying the application or proposal will be consistent with the objectives of this title.
3. 
The development will be of sustained desirability and stability.
4. 
The development will be harmonious with the character of the surrounding area.
5. 
The development will not result in undue traffic congestion or traffic hazards, as defined by the circulation element of the General Plan.
This section shall not apply to annexed territory which was zoned C commercial immediately prior to annexation.
(Ord. 950 § 2 (Exh. A § 2935), 1998)
A. 
The City Council shall hold a public hearing on the application or proposal within 45 days after receipt of the resolution or report of the planning commission. At the public hearing, the Council shall review the application or the proposal and the resolution or report of the commission, and may receive additional evidence.
B. 
The Council shall make a specific finding as to whether the amendment is consistent with the General Plan and with the objectives of the Land Use Code. If the Council finds that the amendment is consistent, it shall enact an ordinance amending the Zoning Map or an ordinance amending the regulations of this Title, whichever is appropriate. If the Council finds that the change is not consistent, it shall deny the application.
C. 
The Council shall not modify a decision of the commission until it has required and considered a report of the Commission on the modification. Failure of the commission to report within 30 days after receipt of the Council request shall be deemed concurrence with the modification.
(Ord. 950 § 2 (Exh. A § 2940), 1998)
Applications and Proposals for C Commercial Zoning. In the case of an application or proposal for a change in district boundaries to increase the amount of land zoned C commercial, the City Council may affirm, reverse or modify a decision of the commission recommending the granting or denial of the change upon making the findings as prescribed in HMC § 20.28.282.
(Ord. 950 § 2 (Exh. A § 2945), 1998)
Dwelling units constructed as a result of a zone change shall mitigate school impacts created by residential development to the extent legally permissible. This shall include mitigation of school impacts by participation in a school mitigation program acceptable to the City of Healdsburg.
(Ord. 950 § 2 (Exh. A § 2950), 1998)
In order that opportunity for commercial development in conformity with the General Plan may be permitted on an alternate site if development does not proceed on a rezoned site, the planning commission shall initiate action, hold hearings and transmit a recommendation to the City Council on reclassification of the undeveloped portion of the site previously rezoned to a C commercial district, in accord with HMC § 20.28.280 through HMC § 20.28.286, unless the following actions are completed within the prescribed time periods dating from the enactment of the ordinance changing the district boundaries:
A. 
Within one year, approval as required by Article IV, Design and Architectural Review.
B. 
Within two years, completion of construction and installation of at least one half of the building floor space and improvements shown on the approved plans and drawings.
C. 
Within five years, completion of construction and installation of all of the buildings and improvements shown on the approved plans and drawings.
This section shall not apply to annexed territory which was zoned C commercial immediately prior to annexation.
(Ord. 950 § 2 (Exh. A § 2955), 1998)
Modifications may be made to the submitted plans prescribed in Article IV, Design and Architectural Design Review; provided, that if uses are changed or the amount of area devoted to each use is changed, the modifications shall be reviewed by the planning commission and City Council. If the commission and City Council make the findings prescribed in HMC § 20.28.125, such changes may be approved.
(Ord. 950 § 2 (Exh. A § 2960), 1998)
A change in district boundaries or the combining of a district within a P-D or an H district shall be indicated on the zoning map with a notation of the date and number of the ordinance on the map.
(Ord. 950 § 2 (Exh. A § 2965), 1998)
Following the denial of an application for a change in district boundaries or the combining of a district with a P-D district, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.
(Ord. 950 § 2 (Exh. A § 2970), 1998)
All territory which is annexed to the City or which is unzoned through abandonment of a public street or railroad right-of-way shall be classified in the Open Space District unless such territory has been otherwise pre-zoned. Within 60 days of annexation or abandonment, the planning commission shall make a study of the territory to determine in which zoning district it should be classified in order to carry out the objectives of the General Plan and zoning ordinance prescribed in HMC § 20.04.010. If the commission finds that a change of district is required, it shall initiate the change as prescribed in HMC § 20.28.265(B). The owner of annexed property or the authorized agent of the owner may file an application for a change in district boundaries as set forth in this article.
(Ord. 950 § 2 (Exh. A § 2975), 1998; Ord. 1090 § 4 (Exh. B § 2975), 2009)