Chapter 17.111
AMENDMENTS AND RECLASSIFICATIONS
Sections:
17.111.010 Amendments – Initiation authority and procedure.
17.111.020 Authority to grant reclassification.
17.111.060 Public hearing notification.
17.111.070 Approval or denial of application – Standards.
17.111.080 Approval of application – Procedure.
17.111.090 Denial of application – Appeal.
17.111.100 Resubmitting denied reclassification request.
17.111.010 Amendments – Initiation authority and procedure.
An amendment, supplement or change in this title or in the zoning classification of any property within the city may be initiated by the city council or by the planning commission. A public hearing shall be held before the planning commission for area wide zoning amendments or before the hearing examiner for site specific amendments. Applications for PUD overlay zones shall be governed by the provisions, criteria and procedures of Chapter 17.69 MVMC and not this chapter. (Ord. 3429 § 183, 2008).
17.111.020 Authority to grant reclassification.
A reclassification may be granted by the city council, upon recommendation of the planning commission or hearing examiner, after a public hearing and review by the planning commission or hearing examiner. (Ord. 2943 § 26, 1999; Ord. 2352, 1989).
17.111.030 Petition required – Contents – Order of classifications.
Repealed by Ord. 2943. (Ord. 2352, 1989).
17.111.040 Application.
A written application for a reclassification shall be submitted to the community and economic development department and all of the materials requested for such reclassification within Chapter 14.05 MVMC shall be submitted by the applicant. No application shall be accepted unless it complies with such requirements. (Ord. 3429 § 184, 2008).
17.111.050 Fee.
Each reclassification application shall be accompanied by a nonrefundable fee as set forth in Chapter 14.15 MVMC upon the filing of the application with the city community and economic development. The fee for the environmental checklist review is not included in the application fee. No action shall be taken upon the application until the fee has been paid. This fee shall not include any costs incurred for the preparation of an environmental impact statement. (Ord. 3429 § 185, 2008).
17.111.060 Public hearing notification.
A. The planning commission or hearing examiner shall hold at least one public hearing on any proposed zoning reclassification.
B. Notice of public hearing on any proposed reclassification shall be published at least 14 days before the hearing in the legal newspaper of the city.
C. The notice requirements outlined within Chapter 14.05 MVMC shall be followed. (Ord. 3429 § 186, 2008).
17.111.070 Approval or denial of application – Standards.
When the planning commission or hearing examiner is considering recommendations for reclassifications, or when the city council is considering approval of reclassifications, the planning commission or hearing examiner or the city council shall investigate the request for reclassification and shall consider, among other questions, the following:
A. Is the request compatible with the city’s comprehensive plan and development goals?
B. Are public utilities, public facilities and other services currently adequate to serve the proposed district?
C. A reclassification to a PUD overlay zone is governed by Chapter 17.69 MVMC, not this chapter. (Ord. 2943 § 31, 1999; Ord. 2352, 1989).
17.111.080 Approval of application – Procedure.
If, following the public hearing, the planning commission or hearing examiner recommends approval of the application with or without conditions, it shall forward such to the city council. The city council has the power to approve or reject any application. (Ord. 3429 § 187, 2008).
17.111.090 Denial of application – Appeal.
The decision of the city council can be appealed by a party with standing according to the procedures outlined within Chapter 14.05 MVMC. (Ord. 3429 § 187, 2008).
17.111.100 Resubmitting denied reclassification request.
An applicant whose reclassification request has been disapproved by the city council may resubmit a new petition to the community and economic development director no sooner than six months after the date of disapproval. (Ord. 3429 § 188, 2008).
17.111.110 Site plan approval – Appeal.
Repealed by Ord. 3429. (Ord. 3092 § 91, 2002; Ord. 2943 § 33, 1999; Ord. 2855 § 10, 1997; Ord. 2352, 1989).
17.111.120 Site plan approval – Plan conformance required.
Repealed by Ord. 3429. (Ord. 2352, 1989).
17.111.130 Site plan approval – Plan content.
Repealed by Ord. 3429.(Ord. 2352, 1989).
17.111.140 Approval of application – Procedure.
Repealed by Ord. 3429. (Ord. 2943 § 34, 1999; Ord. 2352, 1989).
17.111.150 Denial of application – Effective when.
Repealed by Ord. 3429. (Ord. 2943 § 35, 1999; Ord. 2352, 1989).
17.111.160 Denial of application – Appeal.
Repealed by Ord. 3429. (Ord. 3092 § 92, 2002; Ord. 2943 § 36, 1999; Ord. 2855 § 11, 1997; Ord. 2352, 1989).
17.111.170 Resubmitting denied reclassification request.
Repealed by Ord. 3429. (Ord. 3092 § 92, 2002; Ord. 2943 § 37, 1999; Ord. 2352, 1989).
17.111.180 Appeal of city council decision.
Repealed by Ord. 3429. (Ord. 2352, 1989).
17.111.190 Variances not allowed.
Repealed by Ord. 3429. (Ord. 2352, 1989).