Chapter 18.52
AMENDMENTS

Sections:

18.52.010    Authorized.

18.52.020    Initiation of proceedings – Fees.

18.52.030    Deleted.

18.52.040    Commission hearings – Notices.

18.52.050    Deleted.

18.52.060    Commission hearings – Records.

18.52.070    Commission findings – Decision.

18.52.080    Council action.

18.52.010 Authorized.

Whenever the public necessity, convenience, general welfare, or good zoning practices require, the council may amend, supplement or change the regulations, zone boundaries or classifications of property established by this title as follows:

A. Amendments, supplements or changes which do not change any property from one zone to another, or impose any new regulations, or modify or remove any existing regulation on the use or development of property may be initiated and adopted as other ordinances are initiated and adopted; and

B. Amendments, supplements or changes to this chapter and/or the official zoning map which change any property from one zone to another or which add, modify or remove any regulation pertaining to the use or development of property shall be initiated and adopted in accordance with the procedures stated in this chapter. (Prior code § 10-3.2601)

18.52.020 Initiation of proceedings – Fees.

A. An amendment, supplement, or change to this chapter and/or the official zoning map which affects any property in the manner set forth in subsection B of Section 18.52.010 may be initiated by:

1. A motion of the council;

2. A motion of the commission; or

3. An application by one or more owners of the property or properties proposed to be changed, which applications shall be filed on forms furnished by the city.

B. For an amendment or change of the official zoning map, each motion and/or each application, shall include or be accompanied by the following:

1. A map showing the particular property or properties for which the amendment or change is requested and substantially the adjoining properties and public streets and ways within a radius of three hundred feet of the exterior boundaries thereof;

2. Photographs, drawings, and other supporting documents;

3. A copy of documents on any conditions, easements or restrictions of record which would affect the permitted uses of the property if rezoned as requested and the date or dates (if any) of the expiration thereof; and

4. A statement substantially showing the reasons for the requested amendment or change and why or how such amendment or change will serve the public interest, necessity, convenience, or general welfare.

C. For amendments not involving zone changes, each action shall include:

1. A reference to the particular provision of the existing law which it is proposed to amend, delete, change, or add to;

2. A statement clearly showing the requested amendment or change; and

3. The reasons for the proposed amendment or change.

D. When an application for a change of zone or an amendment to this title is filed, a filing fee established by City Council resolution shall be paid to the City to defray the costs of processing the application.

E. Pursuant to chapter 18.44, a site plan is required to be submitted and approved along with the requested amendment or zone change. (Ord. 1683 § 85, 2006; Urg. Ord. 1682; Ord. 1629 § 25, 2003; prior code § 10-3.2602)

18.52.030 Deleted.

(Ord. 1683 § 86, 2006; Urg. Ord. 1682)

18.52.040 Commission hearings – Notices.

Notice of the time and place of the public hearing shall be given as follows:

A. By publication in a newspaper having general circulation in the city at least ten days prior to the date of such hearing and

B. By mailed notice of hearing to all persons shown on the last equalized assessment roll as owning real property within three hundred feet of the property or leasing and occupying property within three hundred feet of the property which is the subject of the proposed zone change. Such written notice shall be given not less than ten days prior to the date of the commencement of the hearing scheduled in the matter.

C. By mailed notice to all occupants and businesses of real property within three hundred feet of the property, which is the subject of the proposed zone change. Such written notice shall be given not less than ten days prior to the date of the commencement of the hearing scheduled in the matter. (Ord. 1683 § 87, 2006; Urg. Ord. 1682; prior code § 10-3.2604)

18.52.050 Deleted.

(Ord. 1683 § 88, 2006; Urg. Ord. 1682)

18.52.060 Commission hearings – Records.

A. At the time and place noticed, the public hearing shall be conducted before the commission. The commission may establish its own rules for the conduct of public hearings, and the member of the commission presiding at such hearing is empowered to administer oaths to any persons testifying.

B. The public hearing procedure shall be governed by the By Laws of the Planning and Environmental Quality Commission.

C. The commission, when it deems such action necessary or desirable, may continue a duly noticed hearing to a time and place certain. The commissioner presiding at such public hearing, before the adjournment or recess thereof, may publicly announce the time to, and the place at, which such hearing has been continued, and such continuance and announcement thereof shall serve as sufficient notice of such continuance without further notice.

D. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices and affidavits of publication, and the records of the action taken shall be a part of the permanent files of the case. (Ord. 1683 § 89, 2006; Urg. Ord. 1682; prior code § 10-3.2606)

18.52.070 Commission findings – Decision.

Recommendations or actions of the Commission shall be in written form containing the findings upon which it bases its decision and the recommendation of the commission to the council. In the event the commission fails to act the secretary of the commission shall immediately thereupon forward to the council and the city clerk all records of the matter involved. (Ord. 1683 § 90, 2006; Urg. Ord. 1682; prior code § 10-3.2607)

18.52.080 Council action.

A. Council Hearings – Date. Upon the receipt of the written findings, decision, and recommendation of the commission, or upon the receipt of the complete file in the event no such decision has been rendered within the required time, the city clerk shall fix a time and place for one public hearing before the council on the matter of such proposed zone change.

B. Council Hearings – Notices. When the time and place of hearing have been fixed, the city clerk shall give notice thereof by one publication in the official newspaper of the city at least ten days prior to the date of such hearing.

C. Council Hearings. At the time and place appointed for such public hearing the council shall proceed to hear the matter of such proposed zone change. The council, when it deems such action necessary or desirable, may continue such hearing to a time and place certain. The mayor, or mayor pro tem, before the adjournment or recess of such public hearing, may publicly announce the time to, and the place at, which such hearing has been continued, and such continuance and announcement thereof shall serve as sufficient notice of such continuance without further newspaper publication of notice.

D. Council Findings – Decisions. After the completion of the public hearing or continued public hearing, as the case may be, the council shall render and record its findings and decision with reference to such proposed change of zone.

E. Ordinances Granting Change. If the decision of the council is to authorize such proposed change of zone, such change shall be made by ordinance, and the city attorney shall thereupon prepare and present to the council the necessary ordinance granting the proposed change of zone in accordance with the decision of the council. Upon the adoption of such ordinance, the proceedings shall be completed, and the zone change provided for shall become effective upon the effective date of such ordinance. The decision of the council in the matter of a zone change shall be final and conclusive.

F. Resolutions Denying Change. If the decision of the council is to refuse or deny the zone change, the resolution of the council setting forth its findings and decision to refuse or deny such change shall end the proceedings and shall be final and conclusive in the matter.

G. Reconsideration by Commission. If the council does not agree with part of the recommendations of the commission, the matter may be referred back to the commission for a report on the part in question. Thereafter, upon receiving the report of the commission, or upon the failure of the commission to report within thirty-five days, the council shall render its decision in the matter. (Ord. 1683 § 91, 2006; Urg. Ord. 1682; prior code § 10-3.2608)