Chapter 18.20
LAND USE DISTRICTS
Sections:
18.20.010 Establishment of land use districts.
18.20.020 Official land use district map.
18.20.040 Procedures for changing land use districts.
18.20.010 Establishment of land use districts.
In order to fulfill the purpose of this title, the city is divided into the following land use districts:
CB—Central business district
GU—General use district.
(Ord. 92-21 § 4 (part), 1992.)
18.20.020 Official land use district map.
A. The location and boundaries of the land use districts established by this ordinance are set forth in the official land use district map adopted by this reference and declared to be an official record and a part of this title.
B. Regardless of the existence of purported copies of the official land use district map, which may from time to time be made or published, the official land use district map of the city shall be that map located in the office of the planning department of the city, and which shall be the final authority, as defined by ordinance, as to the current land use district status of all lands, water, areas, building, and structures in the city.
C. Whenever amendments or changes are made in land use district boundaries and/or classifications, such amendments or changes shall be promptly made on the official land use district map with reference made to the ordinance number and effective date of said change or amendment.
D. Changes of any kind shall not be made on the official land use map except in conformance with the procedures set forth in this title. Any unauthorized change of any kind by any person or party shall be a violation of this title and punishable as provided herein.
E. In the event that the official land use district map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and amendments thereto, the city council may adopt a new official land use district map which shall supersede the prior official land use district map. Unless the prior official land use district map is lost or has been totally destroyed, the significant parts of the map remaining after partial destruction shall be preserved together with all records regarding its adoption and/or amendment. (Ord. 92-21 § 4 (part), 1992.)
18.20.030 Boundaries.
A. The land use district boundary lines shall be: the centerline of either a street or alley right-of-way; the centerline of an easement; the thread of a stream, slough or river; or the boundary lines of sections, divisions of sections, tracts, blocks or lots; or such lines extended as otherwise indicated.
B. Where a land use district boundary line is indicated as approximately following the centerline of either a street or alley right-of-way; the centerline of an easement; the thread of a stream, slough or river; or the boundary lines of sections, divisions of sections, tracts, blocks or lots; then said line shall be construed to be the land use district boundary.
C. Where a land use district boundary line is indicated as being approximately parallel to the centerline of either a street or alley right-of-way; the centerline of an easement; the thread of a stream, slough or river; or the boundary lines of sections, divisions of sections, tracts, blocks or lots; then the land use district boundary shall be construed as being parallel thereto and at a distance determined by the use of the scale shown in the official land use district map.
D. Where a land use district boundary line is not indicated as provided herein, and where a land use district boundary line divides a piece of property that may later be subdivided into new tracts, blocks and/or lots, the land use district boundary line shall be construed to include the new tract, block, and/or lot in their entirety if they have more than fifty percent of their land area within that land use district boundary line.
E. Whenever any street or alley right-of-way, or easement is vacated as provided by law, then the land use district adjoining each side of such street or alley right-of-way, or easement shall be automatically extended to the center of such vacation, and the area included in the vacation shall be subject to the regulations of the extended land use districts.
F. A land use district boundary line indicated as approximately following the thread of a stream, slough or river shall automatically move as the stream, slough or river changes its watercourse. (Ord. 92-21 § 4 (part), 1992.)
18.20.040 Procedures for changing land use districts.
A. Initiation. The city council may, from time to time, change the land use district of parcels of land within the city. These changes in land use classification shall be for the purpose of meeting the land use needs of the residents of the city in conformance with the comprehensive plan. A change in land use district may be initiated by:
1. Any member of the city council;
2. Any person or persons provided that an application for district change is accompanied by a petition favoring the proposed district change signed by the owner or owners of at least fifty-one percent of the property within the area proposed to be changed. If any individual property owner owns more than twenty-five percent of the land area proposed for a district change, then the petition shall contain such property owner’s signature.
B. Application for Changing Land Use District. Any member of the city council may initiate a district change by preparation of a suitable ordinance and introduction of same to the city council in accordance with council procedures. Any person or persons who wishes to initiate a district change shall complete and submit the application forms provided by the planning department along with all requested information and appropriate fees. The application must be submitted to the planning department at least fifteen days prior to the scheduled public hearing. The written consent of the owner of the interest in the property to have the change of district, or an authorized representative having power of attorney, shall accompany all applications. The written consent of a holder of a security interest in the property does not need to be obtained. The application shall also include the following information:
1. The legal and common description of the property to have the district change;
2. The property’s present and proposed land use district;
3. The recommendation for use of the property by the city’s comprehensive plan;
4. The reasons for requesting the district change.
C. Public Hearing. The planning commission shall conduct public hearings on all proposed changes in land use districts, including district changes initiated by member of the city council. The public hearing shall be conducted within sixty days of the receipt of an application.
D. Public Hearing Notification. Notice of the hearing shall be posted in at least five public places for at least five days immediately prior to the date set for the hearing. Additional notice shall be mailed to property owners within three hundred feet of the property for which the change of district is requested. Notice of public hearing shall be mailed at least ten days prior to the public hearing. The notice shall indicate the time and place of the hearing, and by whom the application for the district change was filed.
E. Public Hearing Testimony. Testimony at public hearings conducted by the planning commission and city council shall be limited to matters dealing with public health, safety, and general welfare.
F. Hearing and Recommendation by the Planning Commission. The planning commission shall review, hear and recommend whether or not a request for district change should be approved. The planning commission shall consider all oral and written statements from the applicant, the public, the planning department, and its own members prior to making its recommendation. The planning commission shall also consider and adopt findings of fact demonstrating whether or not the proposed district change conforms to the comprehensive plan and to the public health, safety and welfare. The planning commission shall recommend either the approval or denial of the request or recommend an amendment to the request to a more appropriate land use district.
G. Submission to the City Council. Within thirty days of the planning commission’s recommendation on a request for district change, a report of said recommendation together with an ordinance shall be submitted to the city council and a public hearing date shall be established.
H. Hearing and Determination by the City Council. The city council shall review, hear and decide whether or not a request for district change shall be approved. The city council shall either approve or deny the request or amend the request to a more appropriate land use district.
I. Limitations. A proposed district change which has been denied by the city council on a particular tract of land for a particular purpose cannot again be applied for within six months from the date of the denial, unless a new request is submitted that is determined to be substantially different from the original request. (Ord. 92-21 § 4 (part), 1992.)