[CC 2001 §17.84.010; Ord. No. Z-1-99 §400.210, 6-8-1999; Ord. No. 2002-14 §1, 8-13-2002]
A. The
City Council may by ordinance on its own motion or on application
amend, supplement, change, modify or repeal the boundaries or zoning
designation of districts herein established under the procedures herein
provided.
B. Applications
for district changes shall be filed in writing with the City Clerk
who shall place the application before the City Council after determining
that it is the proper form as provided herein. All applications, except
those proposed by the City Council or the City Planning and Zoning
Commission, shall be accompanied by a publication fee in the amount
of the cost of the publication, which will be returned only if such
publication is not made. A copy of the application shall remain on
file with the City Clerk for public inspection until final action
thereon.
C. The
City Council or the City Planning and Zoning Commission may provide
forms for applications and may require applicants to provide plats
and other documents or other information it may determine to be of
value in acting upon the application. The Council and Planning and
Zoning Commission may request the opinions and recommendations of
other City Boards and officers upon applications.
D. Upon
receipt of an application in proper form, the City Council, within
forty-five (45) days, shall refer it to the Planning and Zoning Commission.
The City Council may by resolution delegate the duty of such receipt
and referral to the City Administrator. The Planning and Zoning Commission
shall return the application to the City Council with its recommendations
relating thereto and showing the number of votes for and against its
action and may include a summary of the reasons expressed for and
in opposition thereto. The City Council may set a date by which the
recommendation shall be returned, no less than twenty (20) days from
the date of such setting and the City Council may proceed without
receipt of such recommendations in the absence of receipt by such
date.
E. The
City Council may reject an application without referring it to the
Planning and Zoning Commission and without publishing a notice of
hearing if the application is made within six (6) months of the Council's
rejection of a previous application seeking an amendment for the same
or a larger or smaller included tract.
F. If
the Planning and Zoning Commission recommends approval of an application
in whole or in part, the City Council shall set a public hearing as
provided in this Article. If the Planning and Zoning Commission recommends
rejection of an application in full, the City Council may set a public
hearing as provided in this Article, upon its own motion or the City
Council may by motion file such recommendation of rejection and the
application shall thereupon be deemed rejected unless, within ten
(10) days from such filing, the applicant files a written request
with the City Clerk for a public hearing under this Article or makes
an oral request therefore at a regular or special meeting of the City
Council, whereupon the City Council shall set such a public hearing.
If the City Council fails to approve an application in whole or in
part within thirty-five (35) days after the public hearing, such application
shall be deemed to have been rejected in full, unless the City Council
shall have expressly extended such time period prior to the expiration
thereof.
G. The
City Council may by ordinance on its own motion or on application
amend, supplement, change, modify or repeal the regulations or restrictions
of districts herein established, following referral thereof to the
Planning and Zoning Commission as provided in this Article.
H. No
amendment, supplement or change of the regulations or restrictions
or boundaries of districts shall become effective until after the
City Council has held a public hearing in relation thereto, at which
parties in interest and citizens shall have an opportunity to be heard.
At least fifteen (15) days' notice of the time and place of such hearing
shall be published in a newspaper of general circulation in the City.
The City Council may provide for the posting of notices of the hearing
on the tract and for other means of notifying the public or interested
persons of the proceedings.
I. In
case of an adverse report by the City Planning and Zoning Commission
or if a protest against such proposed amendment, supplement, change,
modification or repeal shall be presented in writing to the City Clerk,
duly signed and acknowledged by the owners of thirty percent (30%)
or more, either of the area of the land (exclusive of streets, places
and alleys) included within such proposed amendment, supplement, change,
modification or repeal or within an area determined by lines drawn
parallel to and one hundred eighty-five (185) feet distant from the
boundaries of the district proposed to be changed, such amendment,
supplement, change, modification or repeal shall not become effective
except by the favorable vote of two-thirds (⅔) of the members
of the City Council.
J. In its action upon an application for change in district boundaries, the City Council may grant a special use permit under Article
VI "Special Use Regulations" of this Chapter rather than the requested change in district boundaries or may grant the change to a district which is intermediate in restrictiveness between the existing district and the requested district.