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Bellevue City Zoning Code

CHAPTER 19

AMENDMENTS

10-19-1: AUTHORITY TO AMEND:

Whenever the public necessity, convenience, or general welfare, or good zoning practices require, the Council may, by ordinance, amend, supplement or repeal the provisions of this title in accordance with the procedures of this chapter. (Ord. 2015-02, 4-20-2015)

10-19-2: DEFINITION:

As used in this chapter, the word "amendment" shall mean any change, supplement, or repeal of the provisions of this title. (Ord. 2015-02, 4-20-2015)

10-19-3: INITIATION OF AMENDMENTS:

Amendments may be initiated by adoption of a motion by the commission or Council or by the filing of an application with the Administrator by any person. Application for amendments shall contain at least the following information:
   A.   Name, address and phone number of applicant.
   B.   Proposed amendment.
   C.   Present land use.
   D.   Present zoning district and proposed zoning district.
   E.   Proposed use.
   F.   A vicinity map at a scale approved by the Administrator showing property lines, thoroughfares, existing and proposed zoning and such other items as the Administrator may require.
   G.   A list of all property owners and their mailing addresses who are within three hundred feet (300') of the external boundaries of the land being considered.
   H.   A statement on how the proposed amendment relates to the Comprehensive Plan, availability of public facilities, and compatibility with the surrounding area. (Ord. 2015-02, 4-20-2015)

10-19-4: REVIEW OF PROPOSED AMENDMENT; ACTION BY COMMISSION:

   A.   Commission Review: The commission shall review proposed amendments in the following manner:
      1.   Proposed amendments, by application or by motion of the commission or Council, shall be submitted to the commission which shall evaluate the proposal to determine the nature and extent of the amendment, and whether or not it is in accordance with the Comprehensive Plan.
      2.   If the proposal is in accordance with the Comprehensive Plan, the commission may recommend and the Council may adopt or reject the amendment under the notice and hearing procedures as herein provided.
      3.   If the proposal is not in accordance with the Comprehensive Plan, the commission shall notify the applicant of this finding and inform the applicant that he or she must apply for an amendment to the Comprehensive Plan before this title may be amended in accordance with the provisions herein.
   B.   Public Hearing: The commission shall hold a public hearing and make recommendations on proposed amendments.
   C.   Text Or Map Amendments: Amendments may consist of text or map revisions.
      1.   Text Amendments: The commission, prior to recommending a text amendment to the Council shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the amendment shall be published in a newspaper of general circulation within Blaine County. Following the commission's hearing, if the commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the commission forwards the amendment with its recommendation to the Council.
      2.   Map Amendments: The commission, prior to recommending to the Council a map amendment that is in accordance with the Comprehensive Plan, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the amendment shall be published in the official newspaper. Additional notice shall be provided by mail to property owners and residents within the land being considered, within three hundred feet (300') of the external boundaries of the land being considered, and any additional area that may be impacted by the proposed change as determined by the commission. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mail notification, three (3) notices in the official newspaper is sufficient; provided, that, the third notice appears ten (10) days prior to the public hearing. Following the commission's hearing, if the commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the commission forwards the amendment with its recommendation to the Council.
   D.   Recommendations: Within sixty (60) days from the receipt of the proposed amendment, the commission shall transmit its recommendations to the Board. The commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment be denied. The commission shall ensure that any favorable recommendations for amendments are in accordance with the Comprehensive Plan and established goals and objectives.
   E.   Recordkeeping: The commission shall maintain verbatim records of all hearings, recommendations to the Council, and reasons for such recommendations. (Ord. 2015-02, 4-20-2015)

10-19-5: ACTION BY COUNCIL:

   A.   The Council, prior to adopting, revising, or rejecting the amendment as recommended by the commission, shall conduct at least one public hearing using notice and hearing procedures set forth in subsection 10-19-4C2 of this chapter. Following the Council's hearing, if the Council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the Council adopts the amendment.
   B.   The Council shall accept the recommendation of the commission unless rejected by a vote of a majority of the members.
   C.   Upon adopting, revising, or rejecting a proposed amendment, the Council shall specify the reasons for its decision.
   D.   Upon approval of an amendment as recommended by the commission or as revised by the Council, the Council shall pass an ordinance making said amendment a part of this title. (Ord. 2015-02, 4-20-2015)

10-19-6: RESUBMISSION OF APPLICATION:

No application for a reclassification of any property which has been denied by the Council shall be resubmitted in either substantially the same premises or the same purposes within a period of one year from the date of such final action, unless there is an amendment in the Comprehensive Plan which resulted from a change in conditions as applying to the specific property under consideration. (Ord. 2015-02, 4-20-2015)