Chapter 17.58 — AMENDMENTS

As the general plan and regulations are effectuated over the years and as the city develops, there may be a need for changes in district boundaries and the regulations of the ordinances governing them. Such amendments, either of districts or of regulations, shall be made in accordance with the procedures prescribed in this title.

(Ord. 211 (part), 1980: prior code § 11-1-1906.1)

An amendment may be initiated in any one of the following manners:

A.

By verified application of any interested person owning property or residing in the city;

B.

By resolution of intention by the planning commission;

C.

By resolution of intention by the city council.

(Ord. 211 (part), 1980: prior code § 11-1-1906.2)

Application for an amendment by any person shall be made to the planning commission on a form prescribed by the commission and shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application. In the case of a district boundary amendment, the application shall include a drawing of the site and the surrounding area for a distance of at least three hundred feet from each boundary of the site, showing the location of streets, property lines, and the names and addresses of the recorded legal owners of all properties shown on the drawing as shown on the latest adopted tax rolls of the county.

(Ord. 211 (part), 1980: prior code § 11-1-1906.3)

A.

The planning commission shall hold a public hearing on each application for an amendment. Such hearing shall be held within forty-five days of the date when the application was filed or the resolution of intention was adopted by either the commission or council.

B.

Notice of the public hearing shall be given not less than ten days nor more than twenty days prior to the date of the hearing, by publication of a notice of the time and place of the hearing in a newspaper of general circulation within the city. In the case of district boundaries amendments only, notice shall also be provided by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of the county as owning property within the area affected or within three hundred feet of the boundaries of the site affected by the change.

(Ord. 211 (part), 1980: prior code § 11-1-1906.4)

The procedure shall be generally in accordance with the provisions of Sections 17.52.040 and 17.52.050 except that testimony and evidence shall relate to the appropriateness of the proposed change to achieve the objectives of the zoning title and/or the purposes and application of the district classification.

(Ord. 211 (part), 1980: prior code § 11-1-1906.5)

The planning commission shall make a specific recommendation with respect to the granting, denying, or modifying of an amendment within forty-five days after the public hearing or hearings. It should be noted, however, that no amendment is subject to any special conditions of approval. A property owner is bound only to comply with the regulations prescribed in this title for the district in which the property is situated. The planning commission shall recommend granting an amendment only where it finds:

A.

That the proposed amendment will accomplish the objectives and purposes of the zoning title and general plan;

B.

That the proposed amendment will not be detrimental to the public health, safety or welfare, or materially injurious to or inharmonious with properties or improvements affected by the amendment.

(Ord. 211 (part), 1980: prior code § 11-1-1906.6)

A.

Within forty-five days after the action by the planning commission, the city council shall consider the amendment at a public hearing, with notice having been given in a newspaper of general circulation not less than ten days prior to the date of the hearing, except that, in the case of an amendment initiated by application and for which the commission recommended denial, the council need not hear or consider the matter unless an appeal is filed within ten days of the commission's action.

B.

The city council may, within forty-five days of its hearing of the amendment, affirm, reverse, or modify the recommendation of the commission; provided, however, that in granting or modifying an amendment it shall make the findings required in Section 17.58.060, and provided that it shall refer reversals or modifications of planning commission actions to the commission for report and recommendation pursuant to state law. If the city council takes no action, or in the case of an application which has been recommended for denial and on which no appeal is filed, within the time limits prescribed, the recommendation of the commission shall become final.

(Ord. 211 (part), 1980: prior code § 11-1-1906.7)

Permits and licenses issued prior to the adoption of an amendment to this title shall remain in full force and effect, except for special conditions identified in Section 17.64.030.

(Ord. 211 (part), 1980: prior code § 11-1-1906.8)

Following the denial of an amendment, no application for an amendment for the same or substantially the same change shall be filed within one year from the date of denial.

(Ord. 211 (part), 1980: prior code § 11-1-1906.9)