Chapter 17.74
AMENDMENTS
Sections:
17.74.010 Generally.
17.74.020 Rezoning of property.
17.74.030 Initiation.
17.74.040 Hearing—Required.
17.74.050 Hearing—Notice.
17.74.060 Commission’s report.
17.74.070 Hearing—By council.
17.74.080 Modification—Action.
17.74.090 Recommendation against rezoning.
17.74.100 Prezoning.
17.74.110 Reconsideration within one year.
17.74.010 Generally.
Except as otherwise provided in this chapter, any amendment to this title shall be initiated and adopted as other ordinances are amended or adopted. (Ord. 38 § 1 (part), 1972: prior code § 10-409.010)
17.74.020 Rezoning of property.
Any amendment to this title which changes any property from one district to another district, or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated and adopted as hereinafter set forth in this chapter. (Ord. 38 § 1 (part), 1972: prior code § 10-409.020)
17.74.030 Initiation.
Any amendment of the nature specified in Section 17.74.020 may be initiated by:
A. Filing with the city planning commission of a resolution of intention of the city council;
B. Passage of a resolution of intention by the planning commission; or
C. Filing with the planning commission of a petition of one or more record owners of property which is the subject of the proposed amendment or their authorized agents. A petition for amendment shall be on a form designated therefor by the planning commission and shall be accompanied by a fee as set by resolution of the city council. (Ord. 38 § 1 (part), 1972: prior code § 10-409.030)
17.74.040 Hearing—Required.
Upon receipt of a petition or resolution of intention of amendment, the planning commission shall set a date for a public hearing thereon, but not later than forty-five days after the receipt of the petition or resolution. (Ord. 38 § 1 (part), 1972: prior code § 10-409.040)
17.74.050 Hearing—Notice.
Notice of public hearing shall contain the information required pursuant to Section 17.06.130 and shall be published in at least one newspaper of general circulation at least ten days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the hearing in at least three public places within the city. If the proposed ordinance or amendment to the zoning ordinance affects the permitted uses of real property, notice shall also be given pursuant to Section 17.06.130. (Ord. 371 § 26, 1989: Ord. 38 § 1 (part), 1972: prior code § 10-409.041)
17.74.060 Commission’s report.
After the close of the public hearing or continuations thereof, the planning commission shall make a report of its recommendations and the reasons therefor, with respect to the proposed amendment. The commission’s report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, and copies of any maps or data and/or documentary evidence submitted in connection with the proposed amendment. Copy of such recommendation shall be transmitted to the city council within forty-five days after the notice of hearing thereon; provided however, that such time may be extended with the consent of the city council or the petitioner for such amendment. (Ord. 38 § 1 (part), 1972: prior code § 10-409.050)
17.74.070 Hearing—By council.
Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing thereon, if a favorable recommendation is received or a petition is filed as required in Section 17.74.030, after giving notice thereof as required by law. After the conclusion of such hearing the city council, within sixty days, may approve, modify or disapprove the recommendation of the planning commission. (Ord. 371 § 27, 1989: Ord. 38 § 1 (part), 1972: prior code § 10-409.060)
17.74.080 Modification—Action.
Any modification of the proposed amendment as recommended by the planning commission shall first be referred to the planning commission for report and recommendation. The planning commission need not hold a public hearing thereon. Failure of the planning commission to report to the city council, within forty days of the date of reference, shall be deemed to be approval of the proposed modification. (Ord. 38 § 1 (part), 1972: prior code § 10-409.070)
17.74.090 Recommendation against rezoning.
If the planning commission has recommended against an amendment which would change property from one zoning district to another, the city council need not take further action thereon, unless an interested party requests a public hearing. Such request shall be filed with the city clerk not more than five days after the planning commission has filed its recommendations with the city council. The city council shall then proceed as provided in Sections 17.74.040 and 17.74.050. (Ord. 38 § 1 (part), 1972: prior code § 10-409.080)
17.74.100 Prezoning.
The city may prezone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such prezoning shall be as provided by this chapter for zoning within the city. Action to prezone may be by initiation of the planning commission or city council. Such zoning shall become effective at the same time that the annexation becomes effective. (Ord. 38 § 1 (part), 1972: prior code § 10-409.090)
17.74.110 Reconsideration within one year.
In case an application for a rezoning or an amendment to this title is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial unless a new application affecting or including all or a part of the same property is substantially different in the opinion of the planning director from the application denied. If an application is denied without prejudice, the same application may be eligible for reconsideration at any time following resubmittal of an application, filing fee and supporting materials. (Ord. 371 § 28, 1989: Ord. 38 § 1 (part), 1972: prior code § 10-409.100)