Chapter 17.80
ZONING AMENDMENTS AND ZONE CHANGES
Sections:
17.80.010 Amendment – Generally.
17.80.020 Amendment – Proceedings initiation.
17.80.030 Amendment – Department investigation.
17.80.040 Amendment – Notice of commission public hearing.
17.80.050 Amendment – Commission public hearing – Recommendation and notice.
17.80.060 Amendment – Notice of council public hearing.
17.80.070 Amendment – Council public hearing – Referral and decision.
17.80.080 Zone change – Generally.
17.80.090 Zone change – Procedure initiation.
17.80.100 Zone change – Filing fee.
17.80.110 Zone change – Department investigation.
17.80.120 Zone change – Notice of commission public hearing.
17.80.130 Zone change – Commission public hearing – Recommendation and notice.
17.80.140 Zone change – Notice of council public hearing.
17.80.150 Zone change – Council public hearing – Decision and notice.
17.80.010 Amendment – Generally.
Any amendment to the text of this title which imposes any regulation not theretofore imposed or removes or modifies any such regulation theretofore imposed shall be made according to the procedure set forth in CMC 17.80.020 through 17.80.070. For changes in the zoning map, see CMC 17.80.080 through 17.80.150. (1964 Code Appx. A § 12.10.)
17.80.020 Amendment – Proceedings initiation.
A. The planning commission may initiate proceedings by motion and then hold public hearings and make a recommendation as provided below.
B. The city council may initiate proceedings by motion and then submit the matter to the commission for public hearings. (1964 Code Appx. A § 12.10.)
17.80.030 Amendment – Department investigation.
The planning department shall study the proposed ordinance amendment and shall provide information necessary to assure action consistent with the intent of this title and the general plan. (1964 Code Appx. A § 12.10.)
17.80.040 Amendment – Notice of commission public hearing.
A. After the planning commission or the city council initiates proceedings by motion, the planning director shall give notice of a public hearing in accordance with this section.
B. Notice of the required public hearings shall be given in the following manner and shall contain the time and place of the hearing and the general purpose of the proposed amendment.
C. Notice shall be published in a newspaper of general circulation in the city not less than 10 days before the date set for the hearing. (Ord. 16-2061 § 13, 2016; Ord. 1471 § 1, 1980; 1964 Code Appx. A § 12.10.)
17.80.050 Amendment – Commission public hearing – Recommendation and notice.
A. The planning commission shall hold a public hearing on the date and at the time and place specified in the notice.
B. Any recommendation by the commission for ordinance amendment shall require the affirmative vote of not less than two-thirds of the total voting members after at least one public hearing.
C. Within 30 days after the conclusion of the public hearing, the commission shall file its recommendation with the council, together with a report of findings, hearings and other supporting data. (Ord. 16-2061 § 14, 2016; Ord. 1471 § 1, 1980; 1964 Code Appx. A § 12.10.)
17.80.060 Amendment – Notice of council public hearing.
A. The hearing date shall be set by the city clerk for not more than 30 days after the filing of the commission’s recommendation.
B. Notice shall be given as provided in CMC 17.80.040(B). (1964 Code Appx. A § 12.10.)
17.80.070 Amendment – Council public hearing – Referral and decision.
A. The city council shall hold a public hearing on the date and at the time and place specified in the notice.
B. The council may adopt by ordinance the amendment recommended by the commission after holding at least one public hearing thereon. The council may modify the amendment recommended by the commission, provided the proposed modification has been referred back to the planning commission for a report, pursuant to subsections (C) and (D) of this section.
C. The commission shall review the changes proposed and referred to it by the council and shall report its recommendations back to the council, the report to be filed with the council not more than 40 days after the referral by the council.
D. In the event the report back from the planning commission is adverse to or opposed to the proposed change referred to it, or in the event the council desires to enact any change or amendment contrary to a recommendation of the planning commission filed with the council, then any ordinance affecting such change or amendment shall be adopted by an affirmative vote of not less than three members of the council. (Ord. 16-2061 § 15, 2016; Ord. 1471 § 1, 1980; 1964 Code Appx. A § 12.10.)
17.80.080 Zone change – Generally.
A change in the zoning map changing any property from one zone to another shall be made according to the provisions of CMC 17.80.090 through 17.80.150. (1964 Code Appx. A § 12.20.)
17.80.090 Zone change – Procedure initiation.
A. The planning commission may initiate proceedings by motion and then hold public hearings.
B. The city council may initiate proceedings by motion and then submit the matter to the commission for public hearings.
C. The owner of property proposed for rezoning or the authorized representative of the owner may initiate proceedings by filing a petition with the planning department on forms provided. The petition shall be full and complete and shall include such data and information as may be prescribed by the commission to assist in determining the validity of the request. The applicant shall verify the petition and the date of verification shall be noted on the petition.
D. Change of Zone to R-TP, R-R, C-2, C-3A, C-R or M-1.
1. When a change of zone to R-TP, R-R, C-2, C-3A, C-R or M-1 is requested, the petitioner shall submit, in addition to the petition, a site plan as required in those zones and as provided in Chapter 17.64 CMC.
2. In addition, the applicant for C-2, C-3A or C-R shall provide such data and information as will assist the commission to justify its recommendations to the council as to location and size of the proposed rezoning. Such data may include:
a. Economic studies and surveys;
b. Traffic studies;
c. Population studies;
d. Any other information deemed pertinent by the planning director. (1964 Code Appx. A § 12.20.)
17.80.100 Zone change – Filing fee.
When a petition for a change of zone is filed, a uniform fee shall be paid by the applicant for the purpose of defraying the cost incidental to the proceedings.
When the application for a zone change is filed, a uniform nonrefundable fee shall be paid for the purpose of defraying the cost incidental to the proceedings.
Such charges and fees to be rendered shall be those which the city council may from time to time determine, fix, and establish by resolution duly and regularly adopted by it. Such charges may be changed by the city council from time to time by resolution and shall respectively be applicable for the respective periods designated or governed by such respective resolutions. (Ord. 1357 § 1, 1977; 1964 Code Appx. A § 12.20.)
17.80.110 Zone change – Department investigation.
The planning department shall investigate the facts bearing on the proposed zone change to provide information necessary to assure action consistent with the intent of this title and the general plan. (1964 Code Appx. A § 12.20.)
17.80.120 Zone change – Notice of commission public hearing.
A. After the zone change application is deemed complete, or after the planning commission or the city council initiates proceedings by motion, the planning director shall give notice of a hearing in accordance with this section.
B. Notice of required public hearing shall be given in the following ways and shall contain the time and place of the hearing and a general description of the area proposed for change:
1. Notice shall be published in a newspaper of general circulation in the city not less than 10 days before the date set for the hearing;
2. Not less than 10 days prior to the date of any hearing, the planning director shall cause a copy of a notice, containing the time and place of the hearing and the location and proposed use of the subject property, to be mailed to the applicant and to all persons whose names and addresses appear on the latest available assessment roll of the county, or are known to the planning director, as owning property within a distance of 300 feet from the exterior boundaries of the subject property;
3. In the event that the number of owners to whom notice would be sent pursuant to subsection (B)(2) of this section is greater than 1,000, the city, in lieu of mailed or delivered notice required under subsection (B)(2) of this section, may provide notice by placing a display advertisement at least one-eighth page in the newspaper having the greatest circulation within the area affected by the proposed ordinance or amendment, at least 10 days prior to the hearing. (Ord. 16-2061 §§ 16 – 18, 2016; Ord. 1471 § 1, 1980; Ord. 1388 §§ 1, 2, 1978; Ord. 1228 § 3, 1973; 1964 Code Appx. A § 12.20.)
17.80.130 Zone change – Commission public hearing – Recommendation and notice.
A. The planning commission shall hold a public hearing on the date and at the time and place specified in the notice.
B. The commission shall announce its decision within 30 days after the conclusion of the public hearing. The decision shall recommend either approval or disapproval of the proposed zone change and shall set forth findings in support of the recommendation. It shall not enlarge the area of the proposed zone change in any way.
C. The decision shall immediately be filed with the council and a copy thereof shall be mailed to the petitioner at the address shown on the petition. (Ord. 16-2061 § 19, 2016; Ord. 1471 § 1, 1980; 1964 Code Appx. A § 12.20.)
17.80.140 Zone change – Notice of council public hearing.
The hearing date of the council public hearing shall be set by the city clerk for not more than 60 days after the filing of the commission’s resolution with the council.
Notice shall be given as provided in CMC 17.80.120(B). (1964 Code Appx. A § 12.20.)
17.80.150 Zone change – Council public hearing – Decision and notice.
A. The city council shall hold a public hearing on the date and at the time and place specified in the notice.
B. The council may adopt by ordinance the zone change recommended by the commission after holding at least one public hearing thereon. The council may modify the change of zone recommended by the commission, provided the proposed modification has been referred back to the planning commission for a report, pursuant to subsections (C) and (D) of this section.
C. The commission shall review the changes proposed and referred to it by the council and shall report its recommendations back to the council, the report to be filed with the council not more than 40 days after the referral by the council.
D. In the event the report back from the planning commission is adverse to or opposed to the proposed change referred to it by the council, or in the event the council desires to enact any change of zone contrary to a recommendation of the planning commission filed with the council, then any ordinance affecting such change of zone shall be adopted by an affirmative vote of not less than three members of the council. (Ord. 16-2061 § 20, 2016; Ord. 1471 § 1, 1980; 1964 Code Appx. A § 12.20.)