18A.30.695.50 Review.
A. Initial Review. The Department shall conduct an initial review of any rezone application in accordance with the provisions outlined in LMC 18A.30.695.30.
B. Public Hearing Required. The Department shall set a date for a public hearing before the City Hearing Examiner after all requests for additional information or plan correction, as set forth in Chapter1.36 LMC, General Provisions, and Chapter 18A.20 LMC, Article IV, have been satisfied and a SEPA threshold determination has been issued. The public hearing shall follow the procedures set forth in LMC 18A.30.340.
C. Decision Criteria. The Hearing Examiner may approve an application for a rezone only if all of the following criteria are met:
1. Comprehensive Plan. The proposed rezone is consistent with the purpose and intent of the comprehensive plan, respective community(ies) plan, PDD approval criteria contained in LMC 18A.30.560, and other applicable regulations;
2. Health, Safety and Welfare. The proposed rezone bears a substantial relation to public health, safety, or welfare;
3. Best Interest. The proposed rezone is in the best interest of the residents of the City and the surrounding community(ies); and
4. Appropriate. The proposed rezone is appropriate because of one of the following:
a. Conditions in the immediate vicinity have so markedly changed since the property was given its present zoning and that under those changed conditions a rezone is within the public interest; or
b. The rezone will correct a zone classification or zone boundary that was inappropriate when established.
D. Time Period for Final Decision. The provisions for issuing a notice of final decision on any rezone application filed pursuant to this chapter are set forth in LMC 18A.30.690. [Ord. 726 § 2 (Exh. B), 2019.]