Chapter 18.82 — AMENDMENTS

This title may be amended whenever the public necessity and convenience and the general welfare require such amendment by following the procedure described in this chapter.

(Ord. No. 743, § 3, 3-21-2017)

18.82.020 - Initiation.

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

A.

Verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission and shall be accompanied by a fee set by resolution of the city council, of which no part shall be returnable to the petitioner; or

B.

Resolution of intention by the city council; or

C.

Resolution of intention by the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

18.82.030 - Public hearing before planning commission.

A.

The planning commission shall hold at least one public hearing on any proposed amendment.

B.

In case the proposed amendment consists of a change to the text of this title, the planning commission shall give notice thereof by posting the notice of public hearing in the newspaper of general circulation of the city or in three public places designated for posting within the city at least ten days prior to the public hearing.

C.

In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from any district to any other district, the planning commission shall give notice of the time and place of such hearing and of the purpose thereof by mailing first class, in the United States Mail, a written notice of the hearing, not less than five days prior to such hearing, to the owners of all property involved and also to the owner in care of each street address inside the city limits within 300 feet of the outer boundary of the proposed amendment, and by posting the notice in at least three places on the property. Any failure to receive such postal card notices, as provided in this subsection, shall not invalidate any proceedings for amendment of this title.

(Ord. No. 743, § 3, 3-21-2017)

Following the hearing provided for in Section 18.82.030, the planning commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the city council an attested copy of such report within 90 days after the notice of the hearing; provided, that such time limit may be extended upon mutual agreement of the parties having an interest in the proceedings. Failure of the planning commission to so report within 90 days without the aforesaid agreement shall be deemed to be recommendation of approval of the proposed amendment by the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

A.

Upon receipt of the report provided in Section 18.82.040 from the planning commission, or upon the expiration of the 90 days as provided in Section 18.82.040, the city council shall set the matter for public hearing and shall give notice thereof by one publication in a newspaper of general circulation within the city or posting in the three public places designated for posting within the city at least ten days prior to such hearing.

B.

After conclusion of the hearing, the city council may adopt or reject the proposed amendment as the council may deem advisable, but provided that any proposed change shall be referred back to the planning commission for study and report before adoption by the council. The report shall be due within 35 days after being received by the planning commission.

(Ord. No. 743, § 3, 3-21-2017)

Upon the consent of the planning commission, any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who signed such petition. The city council or the planning commission, as the case may be, may, by resolution, abandon any proceedings for an amendment initiated by its own resolution of intention, provided that such abandonment may be made only when such

proceedings are before such body for consideration, and provided that any hearing of which public notice has been given shall be held.

(Ord. No. 743, § 3, 3-21-2017)

Chapter 18.84 - APPEALS