Chapter 19.81
AMENDMENTS*
Sections:
19.81.020 Notice of public hearing.
19.81.030 Initiation by planning commission – Procedure.
19.81.040 Initiation by property owner – Procedure – Fees.
19.81.050 Initiation by planning commission – Call for hearing.
19.81.060 Notice of hearing – Publication.
19.81.070 Notice of hearing – Contents.
19.81.080 Site-specific rezones – Public hearing.
19.81.090 Approval criteria for site-specific rezones.
*For the statutory provisions regarding the calling of a public hearing when amending the zoning ordinance, see RCW 35A.63.100 and 35A.63.070.
19.81.010 Procedure.
In accordance with RCW 35A.63.100 the city council may, pursuant to public hearing called by it upon application therefor by any interested party or upon its own order, amend, supplement or modify this title or any part thereof, including the classifications shown on the use district maps which are a part of this title; provided, however, all proposed amendments, supplementation, or modifications shall first be heard by the planning commission and the decision of the planning commission thereon shall be made and reported by said commission to the city council within 90 days of the time that the proposed amendments, supplementations, or modifications were first submitted to the planning commission. (Ord. 1334, 1967).
19.81.020 Notice of public hearing.
(1) Notice of the aforesaid public hearing to be held by the city council shall be given by publishing the same twice in the official newspaper of the city, said publication to be at least seven days apart and the second such publication to be made not more than three days prior to the date fixed for such public hearing.
(2) The notice to be published shall set forth the date, time and place of the public hearing and shall state in general terms the nature of the proposed amendment, supplementation or modification and the area or areas as shown on said use district map, affected by the same. (Ord. 1334, 1967).
19.81.030 Initiation by planning commission – Procedure.
The planning commission, by affirmative vote of a majority of the entire membership of the commission, may initiate any proposal for amending, supplementing or modifying the provisions of this title. In such event, the planning commission shall proceed to call for a public hearing, in the manner hereinafter provided, on said proposal and shall submit to the city council a written report of its decision on said proposal after such public hearing but within 90 days from the time such proposal was first initiated by said planning commission in the manner aforesaid. (Ord. 1334, 1967).
19.81.040 Initiation by property owner – Procedure – Fees.
The owner or owners of any property within the city may submit to the planning commission proposed amendments, modifications or supplementations to this title. Proposals for changes in zone classifications shall be signed by the owner or owners of not less than 51 percent of the area of property for which a change in zone classification is sought. All proposals shall be in writing, signed by the property owner or owners submitting such proposal and shall include their mailing addresses, a clear and concise statement of the nature of the proposed amendment, modification or supplementation and reasons for proposing the same. Simultaneously with the filing of any such proposal or proposals, the property owner or owners submitting the same shall pay to the community and economic development department a fee as established in LMC 19.06.060 to defray the city’s costs and expenses in processing such proposal or proposals, including the publication of public hearing notices as required by this chapter. (Ord. 2907 § 7, 2004; Ord. 2774, 2000; Ord. 2722 § 6, 1999; Ord. 2328 § 6, 1988; Ord. 1542 § 1, 1972; Ord. 1435 § 4, 1969; Ord. 1334, 1967).
19.81.050 Initiation by planning commission – Call for hearing.
Upon receipt of any such proposal the planning commission shall call for a public hearing thereon, in the manner hereinafter provided, and following said public hearing shall submit said proposal, together with the written report of the planning commission giving its decision thereon to the city council, said public hearing and report to be completed within 90 days from the time any such proposal was first submitted to the planning commission at one of its regular meetings. (Ord. 1334, 1967).
19.81.060 Notice of hearing – Publication.
The planning commission shall give notice of all public hearings required to be held by said commission under the provisions of this chapter by publishing such notice twice in the official newspaper of the city, said publications to be at least seven days apart and the second publication to be made not more than three days prior to the date fixed for such public hearing. (Ord. 1334, 1967).
19.81.070 Notice of hearing – Contents.
The notice to be published by the planning commission shall set forth the date, time and place of the public hearing and shall state, in general terms, the nature of the proposed amendment, supplementation or modification and area or areas, shown on said use district maps, affected by the same. (Ord. 1334, 1967).
19.81.080 Site-specific rezones – Public hearing.
Per RCW 36.70B.050, no more than one open-record hearing shall be held for a site-specific rezone. The planning commission is responsible for holding the open-record public hearing for a site-specific rezone. The city attorney is responsible for determining whether the proposed rezone is:
(1) A site-specific rezone involving a specific parcel or small group of parcels and is a quasi-judicial decision; or
(2) An area-wide rezone that involves broad public policy and is a legislative decision. (Ord. 3161 § 4, 2011).
19.81.090 Approval criteria for site-specific rezones.
In its review of an application for rezoning, the city shall consider subsections (1) through (5) of this section. No single factor is controlling; instead, each must be weighed in relation to the other standards. The city shall not consider any representations made by the petitioner that if the change is granted the rezoned property will be used for only one of the possible range of uses permitted in the requested zoning designation. Rather, the city shall consider whether the entire range of permitted uses in the requested designation is more appropriate than the range of uses in the existing designation.
(1) The proposal is in accordance with the adopted city of Longview comprehensive plan, any relevant sub-area plans, and the purpose section of the proposed zoning district.
(2) The proposal must bear a substantial relationship to the public health, safety, morals, or general welfare, or protect and preserve historical and cultural places and areas. The rezone may be justified, however, if a substantial public need or purpose exists, and this is so even if the private owner(s) of the land will also benefit.
(3) The property and affected area is presently provided with adequate public facilities, services, and transportation networks to support the zoning designation, or such facilities, services and transportation networks can be adequately provided in an efficient and timely manner (or are planned to be provided within six years).
(4) The proposal shall not have a substantial adverse impact upon neighboring lands. Lots shall not be rezoned in a way that is substantially inconsistent with the uses of the surrounding area, whether more or less restrictive.
(5) Whether conditions in the area for which comprehensive plan change/zoning amendment is requested have changed or are changing to such a degree that it is in the public interest to encourage a change in land use for the area. (Ord. 3297 § 11, 2015).