Chapter 18.112 — CHANGES AND AMENDMENTS

Whenever the public necessity, convenience, general welfare or good zoning practice require, the council may by ordinance, after report thereon by the planning commission and subject to the procedure provided in this chapter, amend, supplement or change the regulations, zone boundaries or classification of property, established by this code. (Prior code § 9780)

The initiation of proceedings shall be as follows:

• A. An amendment to this title or a change in the accompanying official zoning map may be initiated by the planning commission, the city council, or by an application of one or more of the applicants and/or owners of property affected by the proposed amendment or change.

• B. Applications shall be filed with the secretary of the planning commission on forms which will be furnished by the city. Applications shall be accompanied by such data and information as may be prescribed for that purpose by the commission so as to assure fullest practicable presentation of facts for the permanent record. In the case where the application proposes a change in the official zoning map, the application shall include the following:

  1. A legal description of the property involved;

  2. A map drawn to scale showing the particular property or properties for which the change of zone is requested, the adjoining properties and the zone and use thereof within a radius of three hundred feet of the exterior boundaries thereof, and the public streets and ways;

3. Payment of a filing fee.

(Prior code § 9780.01)

It is determined that the cost of processing an application for zone change is not of general benefit but of benefit to the applicant, and the city council from time to time shall establish by resolution filing fees for the applications which shall be paid to the city at the time of filing. No application shall be considered filed until the established fees have been paid to the city. No fee will be required in the case of proceedings initiated by either the council or the planning commission. (Prior code § 9780.02)

Upon the filing of an application, the secretary of the planning commission shall set a date for a public hearing thereon before the commission. The date of the hearing shall be no less than ten days nor more than forty days from the date of filing of such application. (Prior code § 9780.03)

• A. The secretary of the planning commission shall give notice of the date, time and purpose of the hearing as follows:

  1. For change of the official zoning map, by one publication in a newspaper of general circulation in the city at least ten days prior to the date of the hearing. Also, notice shall be given by mail to owners of real property, as their names and addresses are disclosed by the latest adopted publicly available tax roll of the county, within three hundred feet (91.44 meters) of the external boundaries of the property under consideration. The mailed notice shall be deposited in the mail at least ten days prior to the date of the hearing. If the real property owners are within three hundred feet of the external boundaries of the property under consideration but outside of the city, notice of the hearing may be given as a courtesy to the property owners.

  2. In cases concerning a proposed change in the text of this code imposing or removing or modifying any such regulation heretofore imposed, notice of the time, place and purpose of such hearing shall be given by publication once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing.

  3. For prezoning, notice of the time, place and purpose of such hearing shall be given not less than ten days prior to the date of hearing by publication at least once in a newspaper of general circulation, published and circulated in the area to be prezoned, or if there is none, the notice shall be posted in at least three public places in the area to be prezoned not less than ten days prior to the date of the hearing.

• B. No error, failure or mistake in the mailing or posting of notices for hearing as set forth in this section and no failure of any owner interested in any property within three hundred feet (91.44 meters) of the property under consideration to receive mailed notice shall in any way affect the validity of any proceeding under this chapter.

• (Prior code § 9780.04)

At the public hearing the city planning commission shall hear proponents and opponents of such matter, make such independent investigation as it deems necessary, and consider the public necessity, convenience, general welfare and good zoning practice. The recommendation of the commission shall be by minute motion carried by the affirmative votes of not less than a majority of the members present. The minute motion shall state the reasons for the recommendation. (Prior code § 9780.06)

• A. Upon receipt of the application, together with the commission's report and recommendations relative thereto, the council, after it has conducted a public hearing thereon, following published notice as provided for the planning commission in Section 18.112.050 , may:

  1. Confirm the recommendation of the commission and affect such change or amendment by ordinance; or

  2. Reject the proposed change or amendment; or

  3. If the council does not agree with part of the commission's recommendation refer the matter back to the commission for a report on the parts in question. Thereafter upon receiving the report of the commission or upon the commission's failure to report within forty days, the council may by ordinance affect any change or amendment even though the commission does not concur.

• B. The decision of the city council shall be final. (Prior code § 9780.07)