Chapter 18.48 — AMENDMENTS AND CHANGES

An amendment to the zoning title which changes any property from one district to another or imposes any regulation not heretofore imposed or removes or modifies any such regulations heretofore imposed shall be initiated and adopted by the following procedure, except that any amendment to this title which does not make such a change or imposition may be initiated and adopted as other ordinances are initiated and adopted.

(Ord. 68-128 §5-408 (part), 1968).

A.

The planning commission may propose an amendment by a resolution of intention.

B.

The city council may propose an amendment by a resolution of intention.

C.

A property owner or property owners, or the authorized representative of an owner, may propose an amendment to change property from one district to another by filing a verified petition with the commission, provided that such a petition must be signed by owners of at least sixty percent of the area directly affected by such proposed amendments.

(Ord. 68-128 §5-408 (A), 1968).

The commission shall prescribe the form in which applications for changes of zones are made. It may prepare and provide blanks for such purpose and may prescribe the type of data and information to be provided by the petitioner to assist in determining the validity of the request. No application shall be received unless it is full and complete and complies with such requirements.

(Ord. 68-128 §5-408 (B) (1), 1968).

The city clerk shall verify the accuracy and completeness of the application and the date of verification shall be noted on the application.

(Ord. 68-128 §5-408 (B) (2), 1968).

In addition, the applicant may provide to the city clerk such data and information as will assist the city clerk to make a recommendation to the commission to justify its recommendations to the council as to location and size of the proposed rezoning. Such data may include:

A.

Economic studies and surveys;

B.

Traffic studies;

C.

Population studies;

D.

Any other information deemed pertinent.

(Ord. 68-128 §5-408 (B) (3), 1968).

When a petition to change property from one district to another is filed, a fee as provided in Section

The city attorney shall study the proposed amendment and shall provide information necessary for action consistent with the intent of this title and the general plan.

(Ord. 68-128 §5-408 (D), 1968).

A.

The city attorney shall set all proposals for amendments for public hearing not more than forty days after the verification of the proposal, or after the adoption of a resolution of intention by the council or the

commission.

B.

Notice of required public hearings shall contain a description of the property under consideration, nature of the proposed change, the time and place of the hearing and other pertinent data. When the zoning ordinance amendment involves a change in zoning regulation prescribed in the title, notice shall be given by at least one publication in a newspaper of general circulation in the city at least ten days before the hearing.

(Ord. 68-128 §5-408 (E), 1968).

A.

The commission shall, not less than ten days after the giving of notice of a public hearing on an amendment, hold said hearing.

B.

If, for any reason, testimony or any case set for public hearing cannot be completed on the day set for such hearing, the commission presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which said hearings will be continued and such announcement will serve as sufficient notice of such continuance and without recourse to the form of public notice as provided for in Section 18.48.080.

C.

When the zoning ordinance amendment involves the reclassification of property, notice shall be given by either one, or both, of the following means:

Posting public notices of the proposed amendment not less than ten days prior to the date of the hearing. Such notices shall be posted on each street upon which the property proposed to be reclassified abuts. Such posting shall extend along said street or streets a distance of not less than three hundred feet from the exterior boundaries of the property proposed for reclassification.

Mailing a notice not less than ten days prior to the date of the hearing to owners of property within a radius of three hundred feet from the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as shown on the latest adopted tax roll of the county.

D.

Upon the completion of a public hearing, the commission shall render its decision on the matter so heard. Failure to so act within forty days after the completion of a hearing shall serve to automatically and

immediately refer the whole matter to the council for such action as it deems warranted under the circumstances. In the event of such failure on the part of the commission to act, the city clerk shall immediately deliver to the council all of the records of the matter involved.

E.

The recommendation for approval of any amendment shall be by resolution of the commission carried by the affirmative voting members. An affirmative vote of less than a majority of its total voting members shall constitute a disapproval.

F.

A disapproval shall be final unless appealed to the council within fifteen days after the commission renders its decision.

G.

The commission shall announce and record its action by formal resolution.

H.

No later than ten days after final action by the commission on an application, notice of the decision shall be mailed to the applicant at the address shown upon the application.

(Ord. 68-128 §5-408 (F), 1968).

The council may approve the proposed amendment and enact it into ordinance, or disapprove it. The council shall not alter the proposed amendment without referral back to the commission unless in the case of a zone change, the alteration is more restrictive or reduces the area under consideration. A notice of the decision shall be mailed to the applicant at the address on the application.

(Ord. 68-128 §5-408 (G), 1968).

A.

The council upon receipt of an appeal, if it finds that the facts stated by the applicant in his written notice of appeal do not warrant a further hearing, shall affirm the action of the commission and deny the appeal.

B.

The council, upon determining that an appeal is for good cause warranted, shall enter such decision upon the minutes and set the matter for a public hearing. Notices shall be given as provided in Section 18.48.080 B.

(Ord. 68-128 §5-408 (H), 1968).

No person, including the original applicant, shall reapply for a change of zone on the same lot or lots within a period of one year from the date of the final decision on such previous application unless such decision is a denial specifically stated without prejudice.

(Ord. 68-128 §5-408 (I), 1968).

Appeals, if any, to a court of competent jurisdiction shall be made within thirty days after the final decision by the council.

(Ord. 68-128 §5-408 (J), 1968).