Chapter 17.64
AMENDMENTS
Sections:
Article I. Zoning Map Amendment
17.64.020 Initiation – Petition.
17.64.060 Public hearing – Action by the planning commission.
17.64.070 Council action – Planning commission denial of zone change.
17.64.080 Council action – Planning commission approval of zone change.
17.64.090 Council action – Public hearing – Date notice.
Article II. Zoning Text Amendment
17.64.100 Procedure generally.
17.64.130 Public hearing – Planning commission.
17.64.140 Public hearing – City council.
17.64.150 Public hearing – Referral, decision.
Article I. Zoning Map Amendment
17.64.010 Rezone – Criteria.
The planning commission in recommending and the city council in reviewing a proposed change of zone shall consider whether the following conditions exist in reference to the proposed zoning of the subject property:
A. The proposed change of zone is in conformity with the general plan;
B. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related use, and other considerations deemed relevant by the planning commission and city council; and
C. The proposed change of zone is necessary and proper at this time and is not likely to be detrimental to the adjacent property. (Ord. 441 § 1, 2000).
17.64.020 Initiation – Petition.
A. As depicted in Figure 17.64-1 provided at the end of this chapter, the following parties may initiate rezone procedures:
1. The planning commission may initiate proceedings by motion and then hold public hearings;
2. The city council may initiate proceedings by motion and then submit the matter to the planning commission for public hearings; and
3. The owner of property proposed for rezoning, the lessee having a leasehold interest of not less than five years, exclusive of an option to renew, or the agent of any of the foregoing, duly authorized in writing, by filing a petition with the city clerk on forms provided by the city clerk.
B. The petition for rezone shall be full and complete and shall include such data and information as may be prescribed by the planning commission to assist in determining the validity of the request and the manner in which it meets the considerations set forth in this chapter. The petition shall be verified before a notary public by the applicant and by the property owner, and the date of verification shall be noted on the petition. An incomplete application shall not be accepted and shall be returned to the applicant. (Ord. 441 § 1, 2000).
17.64.030 Filing fee.
The city clerk shall charge and collect a filing fee for each application for rezone as determined by resolution of the city council. (Ord. 441 § 1, 2000).
17.64.040 Investigation.
The city manager or any other city official designated by the city manager 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, and shall report the findings to the planning commission. This investigation shall include the preparation of environmental documentation described in Chapter 17.12 HMC. (Ord. 441 § 1, 2000).
17.64.050 Hearing – Notice.
A. As depicted in Figure 17.64-1 provided at the end of this chapter, a hearing date for a proposed zone change shall be set by the city clerk for not more than 30 days after the filing of a petition, or after the initiating motion by the city council or planning commission, except as provided in HMC 17.12.020.
B. Notice of the required public hearing shall contain the time and place of the hearing and a general description of the area proposed for change.
C. Notice of such hearing shall be given both by mailing or delivering said notice at least 10 days prior to the public hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the boundaries of the applicant’s property, and by publication of said notice in an official newspaper of the city. (Ord. 441 § 1, 2000).
17.64.060 Public hearing – Action by the planning commission.
A. The planning commission shall, not less than 10 nor more than 30 days after the publication of the legal notice of public hearing on a zone change, hold said hearings.
B. The planning commission shall announce and record its decision within 30 days after the conclusion of the public hearing. Said decision shall recommend either approval or disapproval of the proposed zone change and shall set forth findings in support of the recommendation. The planning commission may reduce, but shall not enlarge the area of the proposed zone change in any way, unless proper notice and publication of the enlarged area is made.
C. Said decision shall be filed with the city council within 10 days after its announcement, and a copy of the decision shall be mailed to the petitioner at the address shown on the petition. (Ord. 441 § 1, 2000).
17.64.070 Council action – Planning commission denial of zone change.
If the decision of the planning commission recommends against the adoption of the zone change, the city council shall not be required to take any further action on the requested zone change unless an interested party requests such a hearing by filing a written request with the city clerk within 10 days after the planning commission files its decision and recommendations. In the latter event, a public hearing shall be held and notice shall be given as provided in HMC 17.64.050(C). (Ord. 441 § 1, 2000).
17.64.080 Council action – Planning commission approval of zone change.
A. If the decision of the planning commission recommends the proposed change, the city council shall, not more than 30 days after publication of legal notice of a public hearing on a zone change, hold said public hearing.
B. The city council may approve the proposed zone change and enact it into ordinance or disapprove it. The city council may reduce but shall not enlarge the area of the proposed zone change in any way unless proper notice and publication of the enlarged area is made. (Ord. 441 § 1, 2000).
17.64.090 Council action – Public hearing – Date notice.
On any public hearings required by the provisions of HMC 17.64.070 and 17.64.080, the hearing date shall be set by the city clerk for not more than 30 days after the filing of the planning commission’s decision with the city council. Notice shall be given as provided in HMC 17.64.050. (Ord. 441 § 1, 2000).
Article II. Zoning Text Amendment
17.64.100 Procedure generally.
Should consideration of an amendment of the text of the ordinance codified in this title be desired, the procedure set forth in Figure 17.64-2 and HMC 17.64.110 through 17.64.150 shall be followed. (Ord. 441 § 1, 2000).
17.64.110 Initiation.
A. The planning commission may initiate proceedings by motion and then hold public hearings and make recommendations as provided in HMC 17.50.130.
B. The city council may initiate proceedings by motion, and then submit the matter to the planning commission for public hearings. (Ord. 441 § 1, 2000).
17.64.120 Investigation.
The city manager or other city official designated by the city manager 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, and shall report the findings to the planning commission. This investigation shall include the preparation of environmental documentation described in Chapter 17.12 HMC. (Ord. 441 § 1, 2000).
17.64.130 Public hearing – Planning commission.
A. The hearing date for a proposed textual amendment to any portion of this title shall be set by the city manager for not more than 30 days after the initiating motion by the planning commission or city council, except as provided in HMC 17.12.020.
B. Notice of the required public hearings 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 public hearing.
D. The planning commission shall, not more than 30 days after the publication of legal notice of a public hearing on an ordinance amendment, hold such public hearing.
E. Within 30 days after the conclusion of the public hearing, the planning commission shall file its recommendation with the city council, together with a report of findings, hearings and other supporting data. (Ord. 441 § 1, 2000).
17.64.140 Public hearing – City council.
A. The hearing date for a proposed textual amendment to the ordinance codified in this title shall be set by the city clerk for not more than 30 days after the filing of the planning commission’s recommendation.
B. Notice shall be given as provided in HMC 17.64.130. (Ord. 441 § 1, 2000).
17.64.150 Public hearing – Referral, decision.
A. The city council shall, not more than 30 days after the publication of the legal notice of a public hearing on an ordinance amendment, hold said public hearing.
B. The city council may adopt by ordinance or reject the amendment recommendation made by the planning commission after holding at least one public hearing thereon. The city council may modify the amendment recommended by the planning commission; provided, the proposed modification has been referred back to the planning commission for a report, pursuant to the provisions of subsection C of this section.
C. The planning commission shall review the changes proposed and referred to it by the city council and shall report its recommendations back to the city council. Such report is to be filed with the council not more than 40 days after the referral by the city council. (Ord. 441 § 1, 2000).
