Search:

• LDM Home
• Ch. 60 - Introductory Provisions
• Ch. 61 - Lot and Site Development Approval Procedures
• Ch. 62 - Zoning District Regulations
• Ch. 63 - Lot Development Standards
• Ch. 64 - Site Design Policies
• Ch. 65 - Nonconformities
• Informational Supplement
  • Appendix A
  • Appendix B
  • Appendix C
  • Appendix D
  • Appendix E
  • Appendix F
  • Appendix G
  • Appendix H
  • Appendix I
• Annexation Process
• LUP Amendment Process

CHAPTER 60 - INTRODUCTORY PROVISIONS

60.340 BOUNDARY ESTABLISHMENT:

The Boundary Establishment procedure is created to provide a procedure to allow the routine change from a Developing District to an Established District once permanent development has occurred in the Developing District.  The purpose for providing this routine procedure is that the substantive decision about the type of development to occur in a Developing District takes place at the time a site planning permit is issued.  

In applying the rules for Boundary Establishment, only those lands within the Developing District shall be considered.  

60.341 Administrative Boundary Establishment:

1. The Zoning Administrator shall prepare a report for the Commission identifying all areas provisionally zoned which are currently eligible for classification.  Such report shall be submitted to the Commission at its first meeting in February and its first meeting in August every year.  Provisionally zoned areas eligible for reclassification shall include:
   
   
   1. those developments under construction or completed which are contiguous to land zoned in an Established District where the contiguous Established District applies to the new development;
   2. those developments under construction or completed which include at least 10 acres or 10 separate and contiguous properties.
      
      Phase II of the site planning permit shall serve as the hearing on the Boundary Establishment for purposes of conformance with the state statute, as long as the notice for that hearing made reference to the intent to establish zoning district boundaries.
      
      
   3. The Commission may, where it is found necessary to protect the interests of adjacent developed properties in an Established District, forward a recommendation to the Council requesting establishment of permanent zoning district boundaries on a property after approval of the site planning permit but prior to actual development of the property.
      
      
2. The Commission shall consider the Zoning Administrator's report and within 30 days forward a recommendation to the Council relative to the areas identified by the Zoning Administrator as being eligible for reclassification.  The recommendation of the Commission shall be supported by findings based on the policies included in paragraph 60.344.

60.342

Legislative Boundary Establishment:  Land without permanent development which abuts existing development for at least 75% of its perimeter may be included as part of Boundary Establishment action, providing the undeveloped area does not exceed 20% of the entire area to be classified.  Where the land involved has not been included as part of an approved site planning permit, the classification may occur only after a Type III Review under a Phase II Hearing Process has been completed

60.343

Council Action:  The Council shall enact all Boundary Establishment action by ordinance.  The decision of the Council shall be supported by findings based on the policies included in paragraph 60.344.  No Established District shall be created through the Boundary Establishment procedure which will have the effect of causing a majority of the uses within the reclassified area to become nonconforming.

60.344

Policy for Boundary Establishment:  Recommendations of the Commission and decisions of the Council shall be supported by findings addressing the relationship of the proposed action to the following policies:  

1. in approving a change from a developing district to an established district, the development of the area has progressed to the point that the pattern of development is established;
   
2. the proposed pattern of established zoning districts to be created is consistent with accepted zoning principles, the City's Comprehensive Plan and any other policies or plans that have been adopted to guide development in the area of development.

 





next page

 top