Chapter 17.48 AMENDMENTS

Chapter 17.48
AMENDMENTS

Sections:

17.48.010 Application and initiation.

Whenever public necessity, convenience and general welfare require, the text of this title or the zoning classification of property may be amended by ordinance subject to the following requirements. Amendments may be initiated by the verified application of one or more owners of property where reclassification is proposed, or by the adoption of a motion by either the planning commission or the city council relating to either reclassification of property or an amendment to the text. (Ord. 1146 § 2, 1998)

17.48.020 Consideration.

(1) Upon receipt of an application or adoption of a motion and receipt of the appropriate environmental determination or final EIS, the city clerk shall schedule a public hearing for the next regular meeting of the planning commission and shall give notice as prescribed in WMC 17.48.030. Conclusive action on an application or adopted motion shall be taken within 90 days of the initial hearing or the request shall be deemed denied. The hearing may be continued for longer period of time with the written consent of the applicant. The city clerk shall within 14 days from the date of action notify the city council of the action. At the next regular meeting of the city council following notification the council shall schedule a public hearing to consider the application and the planning commission’s recommendation. Conclusive action shall be taken within 90 days of the initial hearing or the application shall be deemed denied. Enactment of an ordinance by the city council approving an amendment shall constitute final action. When the action of the council is to deny a request, the adoption of the motion, by a roll call vote, shall be considered final action. Written notice of the action shall be forwarded to the applicant and be attached to the permanent file.

(2) Where the planning commission and the city council are considering an application to reclassify property they shall have the option of recommending and approving respectively a classification more restrictive than that applied for if such is possible; provided, that in each case they shall have first considered and disapproved the requested classification. In such a case the public hearing notification shall in addition to indicating the requested classification, indicate that a “more restrictive district” may also be considered. If the applicant does not desire a more restrictive zone he may withdraw the application prior to final action by the city council. (Ord. 1146 § 2, 1998)

17.48.030 Public hearing notification.

Public hearings required by this title shall be advertised as follows:

(1) Amendments to the text of this title shall be advertised by at least one publication in the newspaper of general circulation in the county and in the official gazette, if any, of the city at least 10 days before the hearing. Such notice shall include the time and place of hearing, a brief description of the amendment, and shall indicate that copies of the proposed amendment are available from the city clerk.

(2) When reclassification of property is initiated by either the planning commission or the city council, public hearings shall be advertised by at least one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the city at least 10 days before the hearing. Additional notice either by posting the affected parcel or by mailing notice to property owners within and nearby the affected area shall be at the discretion of the city council.

(3) When reclassification of property is requested by the owner the public hearing shall be advertised by at least one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the city at least 10 days before the hearing. In addition, notice indicating the existing and required zoning, location of the subject property (not necessarily a legal description) and the time and place of the hearing shall be mailed to nearby property owners as specified by subsection (4) of this section.

(4) Conditional use permit and variance applications shall be advertised by mailing a written notice to all property owners of record within 100 feet from the exterior boundaries of the subject property not less than 12 days prior to the hearing. Notice shall identify the property (not necessarily a legal description), the nature of the requested or proposed use, and the time and place of the hearing. Failure to receive a duly mailed notice shall not affect the legality of any testimony or action taken at the meeting. (Ord. 1146 § 2, 1998)