Chapter 18.60
AMENDMENTS, UNCLASSIFIED USE PERMITS, PLANNED UNIT DEVELOPMENTS, AND APPEALS
Sections
18.60.010 Zoning code may be amended.
18.60.020 Unclassified/conditional use permits.
18.60.030 Initiation of amendment.
18.60.040 Public hearing required.
18.60.050 Repealed.
18.60.060 Repealed.
18.60.070 Repealed.
18.60.080 Repealed.
18.60.090 Repealed.
18.60.100 Repealed.
18.60.110 Decision of city council.
18.60.120 Textual changes to zoning code.
18.60.130 Expiration of zoning reclassifications and unclassified use permits.
18.60.140 Notice requirements for comprehensive plan and zoning code amendments changing provisions regarding lot area per dwelling unit.
18.60.010 Zoning code may be amended.
Whenever public necessity, convenience, and general welfare require, the boundaries of the zones established on maps by this title, the zone of property uses in this title, or other provisions of this title may be amended as follows:
(1) By the adoption of or the amendment of a zoning map or maps; or
(2) By adoption of a planned unit development; or
(3) By amending the text of the title. [Ord. 1237 § 3, 1999; Ord. 175 § 1(24.60.010), 1964.]
18.60.020 Unclassified/conditional use permits.
Unclassified and conditional use permits may be granted upon the filing of an application therefor by a property owner or a lessee. An applicant for a conditional use permit shall follow the provisions of the hearing examiner code and “form of application” of chapter 18.64 DMMC. The procedure to be followed in considering an application for an unclassified use permit shall be the same as set forth in this chapter for amendments. Unclassified/conditional use permit applications filed for uses defined as essential public facilities will be processed in accordance with state law. [Ord. 1378 § 14, 2006: Ord. 770 § 66, 1988: Ord. 175 § 1(24.60.020), 1964.]
18.60.030 Initiation of amendment.
Amendments to this title and the zoning map of the city are initiated as follows:
(1) Amendments to the zoning map of the city may be initiated by:
(a) The verified application of one or more owners of property which is proposed to be reclassified or rezoned;
(b) Adoption of a motion by the city council directing the community development department to initiate the amendment;
(c) Adoption of a motion by the planning agency requesting the city manager to initiate the amendment through the community development department;
(d) The community development department with the approval of the city manager.
(2) In the case of textual changes to the zoning code, in the manner provided in DMMC 18.60.120. [Ord. 770 § 67, 1988: Ord. 553 § 1, 1982: Ord. 175 § 1(24.60.030), 1964.]
18.60.040 Public hearing required.
The city council shall hold one public hearing before taking action on any amendment to this title, application for a planned unit development, or unclassified use permit, and notice of the hearing shall be given as provided in Article V of chapter 16.04 DMMC (Commenting). [Ord. 1174 § 63, 1996; Ord. 175 § 1(24.60.040), 1964.]
18.60.050 Decision on applications – Time limit.
Repealed by Ord. 1174. [Ord. 175 § 1(24.60.050), 1964.]
18.60.060 Notice of planning agency’s decision.
Repealed by Ord. 1174. [Ord. 175 § 1(24.60.060), 1964.]
18.60.070 Board to hold public hearing.
Repealed by Ord. 1174. [Ord. 175 § 1(24.60.070), 1964.]
18.60.080 Finality of planning agency’s action.
Repealed by Ord. 1174. [Ord. 175 § 1(24.60.080), 1964.]
18.60.090 Actions of agency may be appealed – Time limit.
Repealed by Ord. 1174. [Ord. 175 § 1(24.60.100), 1964.]
18.60.100 Report appeal to the board.
Repealed by Ord. 1174. [Ord. 175 § 1(24.60.110), 1964.]
18.60.110 Decision of city council.
Enactment of a resolution or ordinance by the city council approving an amendment, planned unit developments, or unclassified use permits shall constitute final action. When the action of the city council is to deny a request for an amendment, planned unit development, or unclassified use permit, the adoption of the motion shall constitute final action. Written notice of the action shall be forwarded to the community development department to be attached to the permanent file of the case and the community development department shall notify the applicant of the final action of the city council. [Ord. 1174 § 64, 1996; Ord. 175 § 1(24.60.120), 1964.]
18.60.120 Textual changes to zoning code.
Amendments to this title that constitute a textual change are made in the following manner:
(1) As used in this section, unless the context or subject matter clearly requires otherwise, “textual change” means a change or amendment to this title except:
(a) Amendments changing the zone of a particular parcel of property (commonly known as a rezone); or
(b) Actions relating to adoption or amendment to the comprehensive plan.
(2) No textual change is made without at least one public hearing before the city council.
(3) The city council shall set a date for the public hearing by motion. Notice of the public hearing shall generally conform with DMMC 17.44.030 (Notice). Continued hearings may be held at the discretion of the city council but no additional notice is required.
(4) The community development director may schedule a public meeting of the planning agency to allow for review of a proposed textual code amendment. The planning agency may recommend approval, approval with conditions or amendments, or denial of the proposed textual code amendment. The recommendation(s) of the planning agency shall be forwarded to the city council for review during the public hearing. [Ord. 1237 § 3, 1999; Ord. 1174 § 65, 1996; Ord. 1062 § 1, 1993: Ord. 770 § 68, 1988: Ord. 553 § 2, 1982.]
18.60.130 Expiration of zoning reclassifications and unclassified use permits.
Any zoning reclassification granted pursuant to this title shall become void unless a building permit is applied for within the time specified in the enacting legislation or, if no date is specified, within three years of the effective date of the enacting ordinance. Zoning reclassifications initiated by the city are exempt from this provision. Any unclassified use permit granted pursuant to this title shall likewise become void unless a building permit is applied for (or the activity for which the permit is granted is commenced, if no building permit is involved) within the time specified in the permit, or if no date is specified, within three years of the action of the city council in granting the permit. [Ord. 769 § 1, 1988.]
18.60.140 Notice requirements for comprehensive plan and zoning code amendments changing provisions regarding lot area per dwelling unit.
For proposed comprehensive plan and textual code amendments regarding lot area per dwelling unit, the city shall notify all owners of properties that would be subject to the proposed change(s) in lot area per dwelling unit requirements. Notice to such owners, and specific requirements related to the timing and form of such notices, as well as other parties who are also entitled to notice, shall generally conform with the public notice procedure for site-specific proposals, contained in Article V of chapter 16.04 DMMC, particularly DMMC 16.04.160(5). [Ord. 1241 § 1, 1999.]