§ 34-49. Amendments or adoption of changes in the text of the LDRs, change of actual zoning map designation of a parcel or parcels.

(a)

Purpose and intent. This section sets forth procedures and applications for zoning appeals board review and approval, approval with conditions, of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels. The procedures and standards of this section are instituted to provide an opportunity to utilize property for an activity which, under usual circumstances, could be detrimental to other permitted land uses. An amendment or adoption of changes in the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels may be permitted under circumstances particular to the proposed location and subject to conditions, which provide protection to adjacent land uses. The procedures and standards of this section are adopted to provide guidelines for review and authority to follow in arriving at a decision.

(b)

Administrative recommendation filed. For all requests of these nature for proceedings held before the zoning appeals board, the administrative official shall review each application and file a recommendation such as approval, approval with conditions, or denial on each application. Such recommendations shall be received, heard and filed prior to final action on any item before the board and shall be part of the record of the application.

(c)

Applications. The applicant must file a request to the zoning appeals board with the planning and zoning department on a form approved by the administrative official. The form shall contain all the information necessary for the administrative official to file a recommendation, which shall include, but not limited to, identification of the specific provisions of the LDRs to be amended or adopted, or the specific parcel or parcels for which a change in the official zoning map designation is sought; the nature and extent of the request; and the grounds relied upon to justify the approval of the proposed use. Such application shall be accompanied by the required submittal documents and fee as determined by the administrative official.

(d)

Public notice. Notice shall be required, as set forth in section 34-46 for all requests to the zoning appeals board.

(e)

Decisions. The zoning appeals board shall approve, approve with conditions, or deny the application in accordance to section 34-46.

(f)

Criteria for granting of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels. The detriments or benefits of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels shall not be denied consideration on the grounds that they are indirect, intangible or not readily quantifiable. In evaluating the application, among other factors related to the general welfare, the following shall be considered:

(1)

The development permitted by the application, if granted, conforms to the city's comprehensive development master plan; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered;

(2)

The development permitted by the application, if granted, will have a favorable or unfavorable impact on the environmental and natural resources of the city, including consideration of the means and estimated cost necessary to minimize the adverse impacts; the extent to which alternatives to alleviate adverse impacts may have a substantial impact on the natural and human environment; and whether any irreversible or irretrievable commitment of natural resources will occur;

(3)

The development permitted by the application, if granted, will have a favorable or unfavorable impact on the economy of the city;

(4)

The development permitted by the application, if granted, will efficiently use or unduly burden water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction;

(5)

The development permitted by the application, if granted, will efficiently use or unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways.

(Ord. No. 2010-10-218, § 2(2-100), 4-7-2010)