The purpose of this article is to define types of amendments to the development regulations, comprehensive plan, and other official controls and to identify procedures for those actions.
(S.G.C. 22.30.350; Ord. 02-1683 § 4, 2002)
The following provisions include methods for amending conditions of approval and final development plans that have received an administrative permit:
A.
Minor amendments. The following procedures shall be required for all minor amendments:
1.
Requests for minor amendments shall be in writing from the property owner or the owner’s authorized agent.
2.
Minor amendment applications may be circulated to any city department or agency with jurisdiction at the discretion of the administrator.
3.
Minor amendments may be approved or modified with conditions of approval by the administrator provided all of the following requirements are met:
a.
Any proposal that results in a change of use must be permitted outright in the current zone classification.
b.
A change to a condition of approval does not modify the intent of the original condition.
c.
The perimeter boundaries of the original site shall not be extended by more than five percent of the original lot area.
d.
The proposal does not add more than 10 percent gross square footage of structures on the site.
e.
The proposal does not increase the overall impervious surface on the site by more than 10 percent.
f.
Any additions or expansions approved through minor amendments that cumulatively exceed the requirements of this section shall be reviewed as a major amendment.
4.
Minor amendment decisions shall be in writing and attached to the official file.
5.
Copies of the decision shall be mailed to all parties of record.
B.
Major amendments.
1.
Any modification exceeding the provisions established by the administrator shall follow the same procedure required for the original application.
2.
A finding that addresses the applicability of any specific conditions of approval for the original permit shall be required.
3.
Any modification that requires a permit other than the type granted for the original application shall require the new permit type.
(S.G.C. 22.30.360; Ord. 02-1683 § 4, 2002)
The following provisions include methods for amending conditions of approval and final development plans that have received a special use permit including planned unit developments, conditional uses, variances and binding site plans:
A.
Minor amendments. The following procedures shall be required for all minor amendments:
1.
Requests for minor amendments shall be in writing from the property owner or the owner’s authorized agent.
2.
Minor amendment applications may be circulated to any city department or agency with jurisdiction at the discretion of the administrator.
3.
Minor amendments may be approved or modified with conditions of approval by the administrator provided all of the following requirements are met:
a.
Any proposal that results in a change of use must be permitted outright in the current zone classification.
b.
A change to a condition of approval does not modify the intent of the original condition.
c.
The perimeter boundaries of the original site shall not be extended by more than five percent of the original lot area.
d.
The proposal does not add more than 10 percent gross square footage of structures on the site.
e.
The proposal does not increase the overall residential density of the site.
f.
The proposal does not change or modify housing types.
g.
The proposal does not reduce designated open space.
h.
The proposal does not increase the overall impervious surface on the site by more than 10 percent.
i.
Any additions or expansions approved through minor amendments that cumulatively exceed the requirements of this section shall be reviewed as a major amendment.
4.
Minor amendment decisions shall be in writing and attached to the official file.
5.
Copies of the decision shall be mailed to all parties of record.
B.
Major amendments.
1.
Any modification exceeding the provisions established by the administrator shall follow the same procedure required for the original application.
2.
A finding that addresses the applicability of any specific conditions of approval for the original permit shall be required.
3.
Any modification that requires a permit other than the type granted for the original application shall require the new permit type.
(S.G.C. 22.30.370; Ord. 02-1683 § 4, 2002)
This section is intended to provide the method for adopting amendments to the text and official map of the city’s development regulations and other official controls.
A.
Initiation of an amendment. An amendment to the zoning code or other official controls may be initiated by:
1.
The assembly requesting the planning commission to set the matter for hearing and recommendations.
2.
The planning commission with the concurrence of the administrator.
3.
One or more property owners directly affected by a proposal through a petition to the city.
4.
Citizen advisory committees or organizations through a petition to the city.
5.
The municipal administrator or his designee.
B.
Application required. An application for an amendment shall be in the form of letter filed with the administrator. The letter shall contain information necessary for full assessment of the need, hardship, or other justification for the proposal. For official map amendments, the application shall contain a legal description of the subject property, owner’s name, address, and contact person, and an analysis showing the public benefit of the proposed amendment as well as the proposal’s consistency with the comprehensive plan. No application for an amendment shall be processed until the administrator has determined that the application is complete.
1.
Except for the extension of existing zoning district boundaries, no change in district mapping shall be considered that would result in spot zoning or that would be inconsistent with proper and well-defined physical boundaries such as streets, major creeks, changes in topography or other physical features.
C.
Staff report. The administrator shall prepare a written report on each amendment pending before the planning commission. The report shall be transmitted to the planning commission and to the applicant before the public hearing. Each report shall contain:
D.
Public hearing by the planning commission. The planning commission shall give notice and hold a public hearing prior to the recommendation for adoption or amendment of any official control to the city council. See Article IV of this chapter for hearing procedures and rules.
E.
Adoption by assembly. Amendments to the development regulations or other official controls shall be adopted by the assembly by ordinance after a public hearing on the planning commission’s recommendation.
1.
Official map amendment actions by the assembly shall not become effective except by a majority vote of five members when the actions are protested by owners of 25 percent or more of the subject area.
a.
Written protests must be filed in person, with the city clerk, 10 days prior to the assembly’s public hearing. Protests must be signed by legal property owners and contain legal descriptions of the ownership interests in the subject amendment area.
F.
Resubmittals. Proposed amendments which have been denied by the city shall not be resubmitted until one year from the effective date of the denial.
G.
Exception for moratorium on short-term rentals. The procedures set out in this section for considering amendments to the text of the city and borough’s development regulations and other official controls do not apply to an amendment adopted by the assembly establishing a moratorium on short-term rentals for a specific period.
(S.G.C. 22.30.380; Ord. 02-1683 § 4, 2002; Ord. 03-1746 § 4, 2003; Ord. 05-09 § 4(B), 2005)