Article I — Zoning Map Amendment

The planning commission in recommending and the city council in reviewing a proposed change of zone shall consider whether the following conditions exist in reference to the proposed zoning of the subject property:

• A. The proposed change of zone is in conformity with the general plan;

• B. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related use, and other considerations deemed relevant by the planning commission and city council; and

• C. The proposed change of zone is necessary and proper at this time and is not likely to be detrimental to the adjacent property.

• (Ord. 441 § 1, 2000)

• A. As depicted in Figure 17.64-1 provided at the end of this chapter, the following parties may initiate rezone procedures:

  1. The planning commission may initiate proceedings by motion and then hold public hearings;

  2. The city council may initiate proceedings by motion and then submit the matter to the planning commission for public hearings; and

  3. The owner of property proposed for rezoning, the lessee having a leasehold interest of not less than five years, exclusive of an option to renew, or the agent of any of the foregoing,

duly authorized in writing, by filing a petition with the city clerk on forms provided by the city clerk.

• B. The petition for rezone shall be full and complete and shall include such data and information as may be prescribed by the planning commission to assist in determining the validity of the request and the manner in which it meets the considerations set forth in this chapter. The petition shall be verified before a notary public by the applicant and by the property owner, and the date of verification shall be noted on the petition. An incomplete application shall not be accepted and shall be returned to the applicant.

• (Ord. 441 § 1, 2000)

The city clerk shall charge and collect a filing fee for each application for rezone as determined by resolution of the city council.

(Ord. 441 § 1, 2000)

The city manager or any other city official designated by the city manager shall investigate the facts bearing on the proposed zone change to provide information necessary to assure action consistent with the intent of this title and the general plan, and shall report the findings to the planning commission. This investigation shall include the preparation of environmental documentation described in Chapter 17.12 HMC. (Ord. 441 § 1, 2000)

• A. As depicted in Figure 17.64-1 provided at the end of this chapter, a hearing date for a proposed zone change shall be set by the city clerk for not more than 30 days after the filing of a petition, or after the initiating motion by the city council or planning commission, except as provided in HMC § 17.12.020 .

• B. Notice of the required public hearing shall contain the time and place of the hearing and a general description of the area proposed for change.

• C. Notice of such hearing shall be given both by mailing or delivering said notice at least 10 days prior to the public hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the boundaries of the applicant's property, and by publication of said notice in an official newspaper of the city.

• (Ord. 441 § 1, 2000)

• A. The planning commission shall, not less than 10 nor more than 30 days after the publication of the legal notice of public hearing on a zone change, hold said hearings.

• B. The planning commission shall announce and record its decision within 30 days after the conclusion of the public hearing. Said decision shall recommend either approval or disapproval of the proposed zone change and shall set forth findings in support of the recommendation. The

planning commission may reduce, but shall not enlarge the area of the proposed zone change in any way, unless proper notice and publication of the enlarged area is made.

• C. Said decision shall be filed with the city council within 10 days after its announcement, and a copy of the decision shall be mailed to the petitioner at the address shown on the petition.

• (Ord. 441 § 1, 2000)

If the decision of the planning commission recommends against the adoption of the zone change, the city council shall not be required to take any further action on the requested zone change unless an interested party requests such a hearing by filing a written request with the city clerk within 10 days after the planning commission files its decision and recommendations. In the latter event, a public hearing shall be held and notice shall be given as provided in HMC § 17.64.050(C) . (Ord. 441 § 1, 2000)

• A. If the decision of the planning commission recommends the proposed change, the city council shall, not more than 30 days after publication of legal notice of a public hearing on a zone change, hold said public hearing.

• B. The city council may approve the proposed zone change and enact it into ordinance or disapprove it. The city council may reduce but shall not enlarge the area of the proposed zone change in any way unless proper notice and publication of the enlarged area is made.

• (Ord. 441 § 1, 2000)

On any public hearings required by the provisions of HMC § 17.64.070 and § 17.64.080 , the hearing date shall be set by the city clerk for not more than 30 days after the filing of the planning commission's decision with the city council. Notice shall be given as provided in HMC § 17.64.050 . (Ord. 441 § 1, 2000)