Rezoning or zone changes shall be reviewed in accordance with the Type III review procedures.

(Ord. 619, 2003)

A “zone change” is a reclassification of any area from one zone or district to another, after the proposed change has been reviewed and a recommendation made by the planning commission. Such change shall be passed in ordinance form by the city council after proceedings have been accomplished in accordance with the following provisions. (Ord. 642 § 1, 2005)

A. That there is a lack of other comparatively zoned property to satisfy the proposed use;

B. That the change of zone is in conformance with comprehensive plan, the Carlton development code, and any applicable street and highway plans;

C. That the proposed property is adequate in size and shape to facilitate those uses allowed in the proposed zone;

D. That the proposed property related to streets and highways is adequate to serve the type of traffic that will be generated by uses in proposed zone; and

E. That the proposed change of zone will have no substantial impact on the abutting property or the uses thereof. (Ord. 642 § 1, 2005)

An application for a zone change shall be filed with the city recorder and accompanied by the appropriate fee. It shall be the applicant’s responsibility to submit a complete application that addresses the review criteria of this chapter. (Ord. 619, 2003)

Zone change proposals shall be approved if the applicant provides evidence substantiating the following:

A. The proposed zone is appropriate for the comprehensive plan land use designation on the property and is consistent with the description and policies for the applicable comprehensive plan land use classification.

B. The uses permitted in the proposed zone can be accommodated on the proposed site without exceeding its physical capacity.

C. Allowed uses in the proposed zone can be established in compliance with the development requirements in this title.

D. Adequate public facilities, services, and transportation networks are in place or are planned to be provided concurrently with the development of the property.

E. For residential zone changes, the criteria listed in the purpose statement for the proposed zone shall be met.

F. The following additional criteria shall be used to review all nonresidential changes:

1. The supply of vacant land in the proposed zone is inadequate to accommodate the projected rate of development of uses allowed in the zone during the next five years, or the location of the appropriately zoned land is not physically suited to the particular uses proposed for the subject property, or lack site specific amenities required by the proposed use;

2. The proposed zone, if it allows uses more intensive than other zones appropriate for the land use designation, will not allow uses that would destabilize the land use pattern of the area or significantly adversely affect adjacent properties. (Ord. 619, 2003)