How to change a property's zoning

A. All applications for change of zoning shall be processed as applications which require a public hearing in accordance with the procedures set forth in sections 19.510.010 and 19.510.020 of this code and the following requirements: 1. The appropriate planning commission shall conduct a public hearing on all change of zoning applications; 2. Upon closing the public hearing and upon reviewing the report and recommendation of the planning director and all other applicable information on the application, the commission shall prepare a report which includes, but which is not limited to, the commission's findings of fact, conclusions of law, recommendations, and any recommended condition which the commission determines to be necessary pursuant to the conditional zoning provisions of this chapter; 3. Upon appropriate action by the commission, the director of planning shall transmit the report of the commission to the county council; 4. The county council may grant a change of zoning if all of the following criteria are met: a. The proposed request meets the intent of the general plan and the objectives and policies of the community plans of the county, b. The proposed request is consistent with the applicable community plan land use map of the county, c. The proposed request meets the intent and purpose of the district being requested, d. The application, if granted, would not adversely affect or interfere with public or private schools, parks, playgrounds, water systems, sewage and solid waste disposal, drainage, roadway and transportation systems, or other public requirements, conveniences and improvements, e. The application, if granted, would not adversely impact the social, cultural, economic, environmental, and ecological character and quality of the surrounding area, and f. If the application change in zoning involves the establishment of an agricultural district with a minimum lot size of two acres, an agricultural feasibility study shall be required and reviewed by the department of agriculture and the United States Soil and Conservation Service. B. Protests. Protests may be filed with the appropriate planning commission prior to or on the public hearing date of the application being protested. In the case in which the owners or lessees of record of 40 percent or more of the parcels located within a five-hundred-foot distance from the boundaries of the subject parcel have filed written protests, the ordinance that grants the application shall not become effective unless approved by a vote of at least six members of the council. In calculating the percentage of owners or lessees of record who have filed written protests, the following standards shall apply: 1. Protest Area. The total number of parcels that are located within a five-hundred foot distance from the boundaries of the subject parcel shall include parcels that are situated entirely within five hundred feet and those with only a portion situated within five hundred feet. Each parcel, whether situated entirely or partially within five hundred feet, shall be counted equally toward the percentage calculation. Publicly owned parcels, such as roadways and parks, shall be included in the computation. 2. Protest by less than all owners or lessees of a parcel. A parcel within a five-hundred-foot distance from the boundaries of the subject parcel shall be treated as having filed a protest if any of the parcel's owners or lessees filed a timely protest. 3. Withdrawal of Protest. A protest may be withdrawn in writing, even if the withdrawal is received after the date of the planning commission's public hearing on the application. A protest may not be reinstated after such date. Upon receipt of a written withdrawal of protest, the percentage of owners or lessees of record who have filed written protests shall be recalculated. 4. Change of zoning initiated by planning director or council. Unless the planning director or council otherwise specify in writing at the time the change of zoning is initiated, the protest provisions under this section shall not apply to a change of zoning initiated by the planning director or council.;p0; C. Project Master Plan and Development Plan. The applicant shall submit a project master plan and development plan, as provided in this title. (Ord. No. 4102, § 2, 2014; Ord. 2032 § 5 (part), 1991)