Chapter 17.88
AMENDMENTS
Sections:
17.88.020 Initiation of an amendment.
17.88.030 Application by a landowner(s).
17.88.040 Public notification.
17.88.060 Planning commission review.
17.88.070 City council review.
17.88.080 Resubmittal of application.
17.88.110 Invalidation of an amendment.
17.88.010 Purpose.
Whenever public necessity, convenience and general welfare require, the boundaries of the zone established on the map of the ordinance codified in this title may be amended as follows:
(1) By the adoption of an amendment (rezone) to the existing zoning map; or
(2) By amending the text of this title. (Ord. 669, 1990).
17.88.020 Initiation of an amendment.
Amendments to this title and zoning map may be initiated by:
(1) The verified application of one or more owners of property within the corporate boundaries of Davenport; or
(2) The adoption of a motion of the city council requesting the planning commission to set the matter for hearing and recommendations; or
(3) A motion of the planning commission. (Ord. 669, 1990).
17.88.030 Application by a landowner(s).
Application for an amendment or rezone by a landowner(s) shall be made on a land use application form (DMC 17.76.140). Written and mapped information, which explains the petition, shall be submitted by the applicant. This shall include a list of names and addresses of all property owners of record within 300 feet of the property for use by the city clerk-treasurer for required notifications. (Ord. 669, 1990).
17.88.040 Public notification.
An amendment of change in use, zone boundaries or a reclassification of property shall require public hearings. Public notification shall include:
(1) All property owners of record within 300 feet of the property; and
(2) Notice of time and place of public hearings by publication in the local newspaper at least seven days in advance of the public hearings; and
(3) A posting of a notice on the property at least seven days in advance of the public hearing. Notice shall include the nature of the petition and the date, time and place of the public hearings;
(4) The applicant shall bear the cost of public notification. (Ord. 669, 1990).
17.88.050 Criteria.
The planning commission and the city council shall be guided by the following in granting an amendment:
(1) The amendment requested shall be in conformance with the comprehensive plan;
(2) The provisions of this title; and
(3) The public interest. (Ord. 669, 1990).
17.88.060 Planning commission review.
Upon receipt of an application of motion for amendment the planning commission shall set the date, time and place for a public hearing on the action. Prior to the hearing the planning commission shall conduct an investigation on the matters involved in the amendment. At the public hearing the planning commission shall review the proposed amendment and take public testimony; and then at the public meeting prepare written recommendations with findings of fact on the proposed amendment. These recommendations shall be forwarded to the council within 60 days after receipt of the application by the city clerk-treasurer. (Ord. 669, 1990).
17.88.070 City council review.
Upon receipt of the planning commission’s recommendations the city council shall set a date, time and place for a public meeting on the amendment. At the public meeting the city council shall review the proposed amendment and planning commission recommendations decision. The city council may decide to:
(1) Deny the amendment; or
(2) Refer the matter back to the planning commission for further review to be returned to the city council within 60 days; or
(3) Approve by making a motion to adopt the amendment or rezone. (Ord. 669, 1990).
17.88.080 Resubmittal of application.
An application which has been disapproved by the city council cannot be resubmitted to the planning commission for a period of six months from the date of disapproval. (Ord. 669, 1990).
17.88.090 Appeal.
An applicant whose amendment application has been disapproved by the city council may appeal to the superior court. (Ord. 669, 1990).
17.88.100 Fees.
Fees shall be established by action of the city council and shall be posted at the city clerk-treasurer’s office. A fee for action under this title shall be paid by the applicant at the time of application. Applicant shall also be responsible for payment of all direct costs of hearing notifications incurred by the city as a result of his/her application. (Ord. 669, 1990).
17.88.110 Invalidation of an amendment.
In the event that a rezone has been granted, the rezone shall be declared invalid unless substantial progress, as judged by the planning commission, toward implementing the proposed development within one year of the effective date of the amendment is shown. A one-year extension may be granted by the planning commission upon written application citing reasons for the delay. (Ord. 669, 1990).
17.88.120 Procedure chart.
The procedure chart for an amendment (including a rezone request) to the zoning ordinance (Table 17.88.120) is made a part of this section.
Table 17.88.120
Procedure Chart for an Amendment
Note: In case of a rezoning, the land use map of the comprehensive plan must be changed first, by city council action. (Ord. 669, 1990).