2026.07.06 ORD 2026-549 Replace Zoning and Land Use Ordinance

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Created: 2025-05-22 16:40:51 [EST] (Supp. No. 36) Page 44 of 198 (9) A report prepared by a registered traffic engineer as to the number and distribution of daily traffic trips to be generated by the proposed use of the land, if required by the community development director or designee. (10) An environmental assessment worksheet or environmental impact study if required under section 90- 167. (11) A legal description of the property. (12) The names and addresses of all property owners within 300 feet of the subject property. (13) Application fees, as required. (b) Upon receipt of a completed application for a zoning amendment, the community development director or designee shall schedule the application for a hearing before the planning commission. If the amendment relates to any property lying totally or partially in the floodplain or shoreland overlay districts, notice of the amendment request shall be provided to the commissioner of the department of natural resources at least ten days prior to the hearing date. If the amendment relates to any development fronting a county highway, the county administrator shall be given notice of the application 30 days prior to the hearing. (c) In order to recommend approval of a zoning amendment, the planning commission must find all of the following: (1) The requested amendment is in compliance with the city's comprehensive plan. (2) The proposed zoning classification is appropriate for the property given the topographic, environmental and cultural limitations of the site. (3) Existing public infrastructure is adequate to handle the development that can reasonably be foreseen on the site. (4) The proposed zoning classification will not have unreasonable negative impacts on adjacent properties. (5) The floodplain designation on the official FEMA map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. (d) In order to recommend denying a zoning amendment, the planning commission must find one or more of the following: (1) The requested zoning amendment is not in compliance with the city's comprehensive plan. (2) There are topographic, environmental, or cultural limitations on the site that make it unsuitable for development permitted in the requested zoning classification. (3) Existing public infrastructure is inadequate to handle the development that can reasonably be foreseen on the site if the requested zoning classification is approved. (4) The amendment will have unreasonable negative impacts on adjacent property. (e) Special conditions shall not be placed on the granting of a zoning amendment. (f) Amendments to the floodplain district, including amendments to the floodplain district map, must be submitted to, and approved by, the commissioner of natural resources prior to adoption. Changes to the floodplain district map must also meet the conditions and criteria of the Federal Emergency Management Agency and receive such agency's approval prior to adoption. (g) Any property rezoned to be included in the long-term agricultural (LA) district of the city must meet the requirements to be enrolled in the metropolitan agricultural preserve program. (Prior Code, § 1015-100.1, § 90-40; Ord. No. 2009-434, § 1, 10-5-2009)