Chapter 17.54
AMENDMENTS
Sections:
17.54.020 Manner of initiation.
17.54.030 Report from planning and zoning commission.
17.54.010 Authority.
Whenever the public necessity, convenience, general welfare, modifications to the comprehensive plan or good zoning practice requires, the city council may amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts in conformity with the provisions of this title and in accordance with the comprehensive plan. (Prior code § 30-72)
17.54.020 Manner of initiation.
Changes in this title may be initiated in the following manner:
A. Source.
1. The city council upon its own motion;
2. The planning and zoning commission upon its own motion;
3. Any individual, corporation or agency, other than those listed above, subject to the following conditions:
a. For a zoning map amendment, the owner or owners of a majority of the land in the petition area.
b. For an amendment to the text of this title, any owner of real property within the city.
B. Form. A petition shall be in the form of a letter for a change in the boundary of a district or the text of this title, which shall be filed with the city community development department and accompanied by such data and information as may be necessary to assure the fullest practicable presentation of facts setting forth reasons and justification for proposing such change.
C. Minimum Area. Except for the extension of existing district boundaries, no change in any use district classification or an official zoning map shall be considered which contains an area less than two acres, not including street or alley rights-of-way.
D. Resubmissions. The planning and zoning commission and the city council shall not consider any proposed amendment to the zoning map which is substantially the same as any other proposed amendment submitted within the previous twelve months and which has been rejected. (Prior code § 30-73)
17.54.030 Report from planning and zoning commission.
The planning and zoning commission shall report in writing to the city council on any proposed change or amendment, regardless of the manner in which such change is initiated. Such report shall include:
A. Findings as to the need and justification for a change or amendment;
B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan;
C. Recommendations as to the approval or disapproval of the change or amendment. (Prior code § 30-74)
17.54.040 Public hearing.
The planning and zoning commission shall hold at least one public hearing before considering any change or amendment to the provisions of this title or the boundaries of the districts. The hearing shall be held and notice thereof given in the manner prescribed in Section 17.06.060; except, that such notice shall specifically refer to the proposed change or amendment to these regulations or change in district boundaries. Where property within an area proposed to be changed is not under the same ownership, all owners of property within the area shall be notified of such hearing. Within sixty days after the receipt of an application for change or amendment or within thirty days after the date of the hearing, whichever is greater, the planning and zoning commission shall report its findings to the city council. (Prior code § 30-75)
17.54.050 Council action.
The city council shall consider an application or planning and zoning commission recommendation for change in the boundary of a district or any other planning and zoning commission recommendation proposing a change in this chapter, together with the report of the planning and zoning commission, at its next regular meeting after receipt of such report. If, from the facts presented and by the findings of the report of the planning and zoning commission, it is determined that the public necessity, convenience, general welfare, modification of the comprehensive plan or good zoning practice requires change or amendment or any portion thereof, and that the change or amendment is in accordance with the comprehensive plan, the city council, by ordinance, shall effect such amendment, supplement, change or reclassification. (Prior code § 30-76)
17.54.060 Protest.
In case of a protest against a change in zoning district classification signed by the owners of thirty-three and one-third percent or more of the area of the land included in such proposed change, or thirty-three and one-third percent or more of the area of land immediately abutting the area included in such proposed change or separated therefrom only by a street, such amendment shall not become effective except by the favorable vote of five-sevenths of the full city council. For the purposes of this section, the following shall apply:
A. “Protest” is defined to be any written communication received by the city objecting to a specific proposed use district, signed and including the legal description of the affected property owned by the protestant.
B. “Owner” is defined to be the owner of record, and includes the United States, the state of Alaska, and any agency or political subdivision thereof.
C. A written protest must be filed with the city clerk in person ten days prior to the date set for public hearing before the city council on the amendment. A protest, if by certified mail, must be filed with the city clerk ten days prior to the date set for public hearing before the city council on the zoning map amendment, such date to be the date of the postmark of the certified mail. (Prior code § 30-77)
17.54.070 Recordation.
All such changes of district boundaries shall be recorded, filed and indexed in the office of the city clerk and shall be noted on the appropriate official zoning map. (Prior code § 30-78)