Chapter 17.100
AMENDMENTS

Sections:

17.100.005    Limitation on amendment procedures.

17.100.010    Amendments – Initiation of action.

17.100.020    Amendment procedure – Planning commission public hearing.

17.100.030    Text amendments – Notice requirements.

17.100.040    Official zoning map amendment – Notice requirements.

17.100.050    Council action.

17.100.060    Limitations.

17.100.065    Appeal.

17.100.070    –

17.100.180    Repealed.

17.100.005 Limitation on amendment procedures.

East Wenatchee Municipal Code Chapters 17.96, Board of Adjustment; 17.84, Administration; and 17.104, Violation – Penalty; shall be excluded from the amendment procedure requirements set forth in this chapter, including the requirement of a public hearing for the enactment of amendments. (Ord. 91-5 § 2, 1991)

17.100.010 Amendments – Initiation of action.

Amendments or additions to this title, including proposed changes to the official zoning map of the city (use district changes) may be initiated in the following manner:

A. By the city council, city planning commission or city planning department;

B. By any interested property owner, as follows: by the filing with the city clerk/treasurer of a petition of one or more owners of property within the city, setting forth the proposed amendment or additions, which petition shall be on a standard form as prescribed by the planning commission and accompanied by a nonrefundable fee in an amount set by city council to help defray the costs of processing the petition. (Ord. 91-5 § 2, 1991)

17.100.020 Amendment procedure – Planning commission public hearing.

Proposed amendments or additions to this title, including proposed changes to the official zoning map of the city, shall first be considered by the planning commission at a public hearing. The planning commission shall hold a public hearing to consider proposed amendments or additions to this title within 60 days after receiving application for a proposed amendment or addition to this title. (Ord. 91-5 § 2, 1991)

17.100.030 Text amendments – Notice requirements.

Notice of the planning commission public hearing on amendments or additions to the text of this title shall include the time, place, and purpose of the public hearing and shall be published at least once in a newspaper of general circulation delivered to the city and in the official gazette, if any, of the city, at least 10 days prior to the date of the public hearing. Continued hearings may be held at the discretion of the planning commission, but no additional notices need to be published. Within 60 days following the public hearing and any continuance thereof, the planning commission shall prepare written findings, conclusions, and a recommended decision and provide the same to the city council. (Ord. 91-5 § 2, 1991)

17.100.040 Official zoning map amendment – Notice requirements.

A. Notice of the planning commission public hearing on amendments or additions to the official zoning map of the city (use district and changes) shall identify the property that is the subject of the proposed amendment of the official zoning map.

B. The notice described in subsection A of this section shall be:

1. Published at least once in a newspaper of general circulation delivered in the city and in the official gazette, if any, of the city, at least 10 days prior to the date of the public hearing; and

2. Mailed to all property owners in the area that is subject of the proposed amendment to the official zoning map and to all property owners within 300 feet of the boundaries of said area.

C. The city code compliance officer shall compile a list of the names and addresses of the owners of record owning property in the area that is the subject of the proposed amendment to the official zoning map and within 300 feet of the boundaries of said area from the records of the county assessor within 30 days of receipt of the amendment petition. Mailing notices to the property owners on said list shall constitute compliance with all notice mailing requirements of this chapter.

D. Continued hearings may be held at the discretion of the planning commission, but no additional notices need be published or mailed.

E. Within 60 days following the public hearing and any continuance thereof, the planning commission shall prepare written findings, conclusions, and a recommended decision and provide the same to the city council. (Ord. 91-5 § 2, 1991)

17.100.050 Council action.

A. The city council shall, within 60 days after receiving the planning commission findings, conclusions, and recommendation, consider the proposed amendment at a public meeting and shall either:

1. Adopt the findings, conclusions and recommendations of the planning commission as the decision of the council;

2. Modify the findings and conclusions of the planning commission without changing the planning commission’s recommendation, and adopt the same as the decision of the council;

3. Reject the findings, conclusions, and/or recommendation of the planning commission and adopt findings and conclusions of its own, based on the record of the planning commission public hearing, and enter its own decision;

4. Remand the matter back to the planning commission with written instructions for further consideration or additional public hearings; or

5. Hold its own public hearing to consider the proposed amendment and, after the hearing: (a) adopt, modify or reject the recommendation of the planning commission; (b) remand the matter to the planning commission with instructions for further consideration or additional public hearing; or (c) take such other action relating to the proposed amendment or addition as the council deems appropriate.

B. Notice requirements for any public hearing before the city council or any additional public hearing to be held before the planning commission at the request of the city council shall be the same as those notice requirements set forth in EWMC 17.100.030 and 17.100.040 for the initial planning commission public hearing. (Ord. 91-5 § 2, 1991)

17.100.060 Limitations.

No request for an amendment or addition to this title, including proposed changes to the official zoning map of the city, shall be considered by the planning commission within the 12-month period immediately following a previous denial of such request, except that the planning commission may consent to a new hearing if, in the opinion of the planning commission, new evidence or a change of circumstances warrants it. (Ord. 91-5 § 2, 1991)

17.100.065 Appeal.

A. Any decision of the city council approving or disapproving any amendment or addition to this title, including proposed changes to the official zoning map of the city, shall be final. Any appeal of a decision of the council must be filed in the Douglas County Superior Court and served on the city within 10 days after the decision of the city council.

B. The cost of transcription of all records ordered certified by the court for such appeal shall be borne by the appellant at the rate prescribed by the administrator of this title. Such costs shall not exceed the amount necessary to reimburse the city for its expenses actually incurred. (Ord. 91-5 § 2, 1991)

17.100.070 Reclassification with site plan approval required.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)

17.100.080 Site plan approval – Application.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)

17.100.090 Site plan approval – Purpose.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)

17.100.100 Site plan approval – Appeal.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)

17.100.110 Site plan approval – Plan conformance required.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)

17.100.120 Site plan approval – Plan content.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)

17.100.130 Approval of application – Procedure.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)

17.100.140 Denial of application – Effective when.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)

17.100.150 Denial of application – Appeal.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)

17.100.160 Resubmitting denied reclassification request.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)

17.100.170 Appeal of city council decision.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)

17.100.180 Variances not allowed.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)