Whenever the public health, safety and general welfare warrants, the city council may by ordinance after report thereon by the planning commission and subject to the procedures provided in this chapter, amend, supplement, or change the regulations for zoning of property now or hereafter established by this title. An amendment or rezoning may be initiated by the planning commission, the city council, or by a petition of property owners or authorized agents of such owners.
(Prior code § 30-505)
Petitions for rezoning of property shall be filed with the planning department upon such forms and accompanied by such data and information as may be prescribed for that purpose by the planning commission.
(Prior code § 30-505. 1; Ord. 631 Exh. A, 1989)
A. 
Upon the initiation or filing of such petition for rezoning or upon the initiation of procedure for an amendment, the same shall be set for hearing before the planning commission by the planning director.
B. 
Notice of the time, place and purpose of such hearing shall be given by the following method:
1. 
In connection with the hearing on the amendment of the text of this title, at least one publication in the official newspaper of the city not less than ten days prior to the date of the hearing.
2. 
In connection with a hearing on a proposed rezoning of property by publication of at least one notice in the official newspaper of the city not less than five days prior to the date of the hearing. At least five days before the hearing of said rezoning a notice of said hearing may be mailed to the petitioners and to owners of property whose names have been committed by the petitioner and whose names may be on record for the purpose of receiving notices of those properties which are within two hundred feet of the property proposed to be rezoned.
(Prior code § 30-505.2; Ord. 631 Exh. A, 1989)
A. 
The city council, upon receipt of the recommendation of the planning commission on amendment or rezoning, shall set the same for hearing by the city council.
B. 
Notice of the time, place and purpose of such hearing shall be given by causing a notice thereof to be published in at least one regular issue of the official newspaper of the city at least ten days before said hearing. No hearing shall be required for a planning commission denial on a rezoning; however, in the event of an appeal, Section 17.58.060 shall be the procedure for the city council in hearing an appeal on a recommendation of denial by the planning commission.
(Prior code § 30-505.3)
A. 
If the planning commission finds that the public health, safety and general welfare warrant the change of regulations or zones, the planning commission may recommend such change to the city council and the city council may, by ordinance, effect such change. The planning commission shall not be bound to recommend the identical change of regulations on areas petitioned for or initiated, but may recommend a more restrictive zone or regulation or an area smaller than that originally petitioned for or initiated if such change is warranted by the public health, safety and general welfare.
B. 
If the planning commission finds that the public health, safety and general welfare does not warrant the change of zones or regulation said determination of findings shall be final and conclusive unless an appeal is filed with the city council as provided in Section 17.58.060.
C. 
In the case of petitions to rezone, if the planning commission fails to make a determination of finding either disapproving or approving said petition within sixty days after the close of public hearing thereon, said failure shall constitute approval of said petition; provided, that this time limitation shall not apply in the event the petitioner agrees to the delay.
(Prior code § 30-505.4)
A. 
Any persons dissatisfied with any action of the planning commission on an amendment or rezoning may appeal therefrom to the city council at any time within ten days after rendition of the decision of the planning commission. The appeal is taken by filing a notice of appeal with the city clerk and a copy thereof with the planning commission. Upon filing of notice of appeal, the planning director must, within ten days, transmit to the city clerk all exhibits, notices, affidavits, orders and other papers and documents on file with the planning commission, together with the report of the commission.
B. 
The city council shall hold a hearing upon said appeal after mailing written notice to the appellant and by causing a notice thereof to be published in at least one regular issue of the official newspaper of the city at least ten days prior to said hearing by the city council.
C. 
If the report and recommendation of the city planning commission shall be unfavorable to the proposed amendment or rezoning, no such amendment or rezoning shall be adopted without four members of the city council voting in its favor.
D. 
Before making any change in any recommendation of the planning commission on an amendment or rezoning, the city council shall refer the matter back to the commission for their review and report.
E. 
Upon the completion of proceedings before the city council all documents and records filed with the city clerk by the director of public works shall be returned to the planning commission office for filing.
(Prior code § 30-505.5; Ord. 631 Exh. A, 1989)
The planning commission or the city council at their discretion may permit the withdrawal of any petition or appeal filed under this chapter. The planning commission or the city council may abandon any proceedings for an amendment or rezoning initiated by itself. Withdrawal of any petition or appeal shall terminate all proceedings in reference thereto.
(Prior code § 30-505.6)
If a petition for rezoning is denied by either the planning commission or the city council, another petition for reclassification of the same property or any portion thereof shall not be filed for a period of one year from the date of final denial except with the permission of the planning commission or upon initiation by the planning commission or city council.
(Prior code § 30-505.7)