Chapter 20.86 — AMENDMENTS

An amendment to this 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 procedure set forth in this chapter, 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. (Prior code § 19.88.010 (Ord. 557 § 408 (part), 1964))

An amendment may be initiated by any one of the following:

• A. Order of the city council;

• B. Order of the planning commission;

• C. Upon the submittal of an application for amendment by the property owner or owners, or the authorized representative of such owner(s) of property affected by such amendment;

D. Upon the submittal of an application for amendment by the director of planning and community development. (Ord. 84-07-926 § 1: prior code § 9.88.020 (Ord. 582 § 1(63), (64), 1965; Ord. 557 § 408(A), 1964))

A. The commission shall prescribe the form in which applications for changes of zone 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.

B. The building inspector shall verify the accuracy and completeness of the application and the date of verification shall be noted on the application.

C. In addition, the applicant may provide to the city such data and information as will assist the building inspector 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 the following:

1. Economic studies and surveys;

2. Traffic studies;

3. Population studies;

4. Any other information deemed pertinent.

(Prior code § 19.88.030 (Ord. 557 § 408(B), 1964))

When an amendment is initiated by a property owner or their authorized representative pursuant to Section 20.86.020C, the application shall be accompanied by a filing fee, as provided in Section 20.88.010, for the purpose of defraying the cost incidental to the proceeding.

(Ord. 84-07-926 § 2: prior code § 19.88.040 (Ord. 557 § 408(C), 1964))

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.

(Prior code § 19.88.050 (Ord. 557 § 408(D), 1964))

A. The secretary of the planning commission shall set all proposals for amendments for public hearing not more than forty days after the verification of the proposal, or after the initiation of the amendment by the city council, planning commission, or director of planning and community development, as the case may be.

B. Notice of the required public hearing shall contain a general explanation of the matter to be considered, a general description of the property and area affected, the time and place of the hearing, and other pertinent data.

C. When the zoning ordinance amendment involves a change in the zoning regulations prescribed in the ordinance, notice shall be given by at least one publication in a newspaper of general circulation in the city; or if there is none, it shall be posted in at least three public places in the city, at least ten days before the hearing.

D. When the zoning ordinance amendment involves the reclassification of property, in addition to giving notice, as specified by subsection C of this section, notice of the hearing shall be given by mail or delivered to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed zoning change. In the event that the proposed zoning change has been requested by a person other than the property owner as such property owner shown on the last equalized assessment roll, notice shall also be given by mail to the owner of the property as shown on the last equalized assessment roll.

E. In addition to the foregoing, notice shall be given by first-class mail to any person who has filed a written request therefor. Such request may be submitted any time during the calendar year and shall apply for the balance of such calendar year.

(Ord. 84-07-926 § 3: prior code § 19.88.060 (Ord. 557 § 408(E), 1964))

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

B. If, for any reason, testimony on 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, the 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 20.86.060.

C. 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 administrative officer shall immediately deliver to the council all of the records of the matter involved.

D. The recommendation for approval of any amendment shall be by resolution of the commission carried by the affirmative votes of not less than a majority of its total voting members. An affirmative vote of less than a majority of its total voting members shall constitute a disapproval.

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

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

G. 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 up on the application.

(Prior code § 19.88.070 (Ord. 557 § 408(F), 1964))

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.

(Prior code § 19.88.080 (Ord. 557 § 408(G), 1964))

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 20.86.060. (Prior code § 19.88.090 (Ord. 557 § 408(H), 1964))

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.

(Prior code § 19.88.100 (Ord. 557 § 408(I), 1964))

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

(Prior code § 19.88.110 (Ord. 557 § 408(J), 1964))