Chapter 17.80
AMENDMENTS

Sections:

17.80.010    Initiation procedure.

17.80.015    Zoning map amendments with special limitations.

17.80.021    Amendment procedure.

17.80.030    Public hearings.

17.80.036    Report and recommendation by commission.

17.80.040    Council action for adoption of zoning amendments.

17.80.051    Review process upon commission denial.

17.80.061    Council action upon commission denial.

17.80.070    Repealed.

17.80.071    Record of zoning map changes.

17.80.081    Property owner’s protest.

17.80.100    Comprehensive plan.

17.80.010 Initiation procedure.

A zoning map amendment or a PMC Title 17 zoning code text amendment may be initiated by:

A. The council;

B. The commission;

C. The borough assembly;

D. The borough planning commission; or

E. Any department or agency of the city or borough.

F. In addition, a zoning map amendment may be initiated by an individual, corporation or entity other than those listed in subsections (A) through (E) of this section, subject to the following conditions:

1. The owner or owners of the majority of the land, within the property area of change, must sign a written request for amendment;

2. A request for a map amendment shall be by written request addressed to the commission or the council and shall include:

a. The legal description of the parcels involved, the desired zoning classification and reasons for the proposed change;

b. A description of any special limitations proposed for the map amendment; and

c. A nonrefundable fee of $250.00 payable to the city. (Ord. 614 § 4, 2004; Ord. 454 § 4, 1992)

17.80.015 Zoning map amendments with special limitations.

A. Subject to subsections (B) through (E) of this section, a zoning map amendment may include special limitations that restrict structures, or the use of land or structures, to a degree greater than otherwise provided for by the zoning district to which the property is rezoned by the amendment.

B. A zoning map amendment may include special limitations which are reasonably related to one or more of the following purposes:

1. To prohibit structures, or uses of land or structures, that would adversely affect the surrounding neighborhood or conflict with the comprehensive plan;

2. To conform the zoning map amendment to the comprehensive plan or to further the goals and policies of the comprehensive plan;

3. To conform development under the zoning map amendment to existing patterns of development in the surrounding neighborhood; or

4. To mitigate the adverse effects of development under the zoning map amendment on the surrounding neighborhood and on public facilities and services.

C. A special limitation shall do one or more of the following:

1. Limit residential density; or limit or prohibit structures, or uses of land or structures, otherwise permitted in a zoning district;

2. Require compliance with design standards for structures and other site features;

3. Require compliance with a site plan approved under this title;

4. Require the construction and installation of improvements, including public improvements; or

5. Impose time limits for taking and completing subsequent development actions.

D. A zoning district subject to special limitations shall be identified on the zoning map by the suffix “SL,” and the number of the ordinance applying the special limitations shall be printed on the zoning map within the boundaries of the affected use district.

E. Where a special limitation in a zoning map amendment conflicts with any less restrictive provision of this title, the special limitation governs. (Ord. 614 § 4, 2004)

17.80.021 Amendment procedure.

A. Upon receipt of a request for a text amendment under PMC 17.80.010, the clerk shall cause an ordinance to be prepared setting forth the details of the proposed amendments. The clerk shall cause the ordinance to be placed on the next commission agenda under New Business in the normal course. The commission shall hold discussion and recommend changes.

B. Upon receipt of a request for a map amendment under PMC 17.80.010, the clerk or designee shall place the request on the next commission agenda in the normal course. The commission shall hold a public hearing at the next regular meeting that allows due public notice. Public notices shall be made in accordance to PMC 17.80.030. (Ord. 614 § 4, 2004)

17.80.030 Public hearings.

A. Before the commission may act on a proposal for amendment to the zoning map, the clerk or designee shall give notice of the public hearing in the following manner:

1. By publication of a notice in a newspaper of general circulation within the city not less than five days nor more than 20 days prior to the date of hearing;

2. For zoning map amendments, additional notice shall be given by sending notices by first class mail at least five days but not more than 20 days prior to the date of hearing to the property owners within 1,200 feet of the exterior boundaries of the property involved, using for this purpose the names and addresses of owners as shown in the records of the borough’s tax assessor. Where all property located within 1,200 feet of the exterior boundaries of the property involved is under the same ownership, owners of all property abutting that of the same ownership shall be notified in the manner provided in this section.

B. Failure to send notices to persons specified in this section or failure of a person to receive a notice shall not invalidate the proceedings. (Ord. 07-013 § 3, 2007; Ord. 05-014 § 3, 2005; Ord. 614 § 4, 2004; Ord. 454 § 4, 1992)

17.80.036 Report and recommendation by commission.

A. Before any proposed PMC Title 17 zoning text amendments are acted upon by the council, the commission shall make a written report to the council of its decision within 90 calendar days from the first commission meeting at which the proposed action is placed on the agenda.

B. Before any proposed zoning map amendments are acted upon by the council, the commission shall hold a public hearing in accordance with PMC 17.80.030 to study the proposed change. The commission shall make a written report to the council of its decision within 60 calendar days from the first commission meeting at which the proposed action is placed on the agenda.

C. The report of the commission shall give consideration as to what effect the proposed change would have on the public health, safety, welfare and convenience, and for map amendments show whether:

1. The proposed change is in accordance with the borough and city comprehensive plan;

2. The proposed change is compatible with surrounding zoning districts and the established land use pattern;

3. Public facilities such as schools, utilities and streets are adequate to support the proposed change;

4. Changed conditions affecting the subject parcel or the surrounding neighborhood support the proposed change; and

5. The proposed change is consistent with the public welfare and does not grant a special privilege to the owners.

D. After the public hearing, the commission shall report to the council one of the following actions on a map amendment:

1. Approve the amendment as submitted,

2. Approve the amendment with special limitations as made by the commission, which limitations must be at least as restrictive as the amendment submitted, or

3. Deny the amendment. (Ord. 07-027 § 3, 2007; Ord. 614 § 4, 2004; Ord. 608 § 3, 2003; Ord. 574 §§ 3, 4, 2001. Formerly 17.80.025.)

17.80.040 Council action for adoption of zoning amendments.

A. The following council action shall be required for zoning text amendments. Upon receipt of a recommendation for adoption of a zoning text amendment by the commission, the clerk shall place the text amendment ordinance on the next regular council agenda. The ordinance shall be introduced and a date for the public hearing established.

B. The following council action shall be required for zoning map amendments:

1. Upon receipt of a recommendation for adoption of a zoning map amendment by the commission, the clerk shall cause an ordinance to be prepared setting forth the details of the proposed amendment. The ordinance shall be introduced at the next council meeting in the normal course and a date for the public hearing established. The clerk shall give notice of the public hearing in accordance with the procedures of PMC 17.80.030. Notice of the public hearing given to the property owners described in PMC 17.80.030(A)(2) shall include a description of the protest rights established by PMC 17.80.081.

2. After due consideration of the recommendation by the planning and zoning commission, the information provided, and the effect the proposed change would have on the public health, safety, welfare, and convenience, the council may decide not to amend the zoning map or the council may decide to amend the zoning map, but only as follows:

a. As submitted by the initiating party; or

b. With special limitations more restrictive than as submitted; provided, that a map amendment initiated under PMC 17.80.010(F) may be so modified only with the written consent of the initiating party.

C. For map and text amendments, the decision of the council shall be final. (Ord. 614 § 4, 2004; Ord. 454 § 4, 1992)

17.80.051 Review process upon commission denial.

If upon final vote the commission does not recommend approval of a map or text amendment, that decision shall be final unless the initiating party or property owner within 20 days of the decision files a written statement with the clerk requesting that the amendment be considered by the council. (Ord. 614 § 4, 2004)

17.80.061 Council action upon commission denial.

A. Upon timely receipt of a written statement under PMC 17.80.051 by an initiating party requesting the council to consider a zoning text amendment that the commission voted not to recommend to the council, the clerk shall place the prepared ordinance on the next regular council agenda and forward the record of the commission’s decision regarding the ordinance to the council. The council shall consider the ordinance in the normal course.

B. Upon timely receipt of a written appeal by the initiating party or property owner requesting the council to consider the zoning map amendment that the commission voted not to recommend to the council, the clerk shall place the request on the next regular council agenda and forward the record of the commission’s decision to the council. The council shall vote on whether an ordinance shall be prepared for council action on the zoning map amendment. The ordinance shall be introduced at the next regular council meeting in normal course and a date established for a public hearing on the ordinance. The clerk shall give notice of the public hearing in accordance with the procedures of PMC 17.80.030.

C. The decision of the council shall be final. (Ord. 614 § 4, 2004)

17.80.070 Map changes.

Repealed by Ord. 614. (Ord. 454 § 4, 1992)

17.80.071 Record of zoning map changes.

A. All ordinances changing district boundaries shall be numbered consecutively. All changes of zone boundaries shall be filed with and indexed in the clerk’s office.

B. Entries shall be made on a tabular column on the map recording the ordinance number and the adoption date of the ordinance, together with the signature of the clerk attesting the change for all land affected by a zoning amendment. (Ord. 614 § 4, 2004; Ord. 454 § 4, 1992. Formerly 17.80.050.)

17.80.081 Property owner’s protest.

A. Property owners of land to which a map amendment applies or of land within 1,200 feet of that land may protest the proposed map amendment in writing on forms provided by the city clerk before or at the public hearing of the council. Written protests shall list reasons for the protest. If the owner or owners of more than 33 percent of the area to which the amendment applies or if the owner or owners of more than 33 percent of the area within 1,200 feet of that land deliver to the clerk signed written protests to the map amendment, the council shall not approve the amendment unless the ordinance approving the amendment specifically notes such protest or protests.

B. For purposes of this section, land within 1,200 feet of the outer boundary of the land to which the amendment applies shall exclude land owned by the city, or any other government entity, unless the city or other government entity protests the amendment. (Ord. 07-013 § 4, 2007; Ord. 05-015 § 3, 2005; Ord. 614 § 4, 2004; Ord. 454 § 4, 1992. Formerly 17.80.060.)

17.80.100 Comprehensive plan.

The comprehensive plan for the city is part of the comprehensive plan of the borough and, as such, any change in the goals, policies, objectives, criteria, standards or elements within such plan will require the review by the borough planning commission and adoption by the borough assembly. All amendments to the zoning map or ordinance must be in accordance with the comprehensive plan. (Ord. 614 § 4, 2004; Ord. 454 § 4, 1992. Formerly 17.80.080.)