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Bellevue City Zoning Code

CHAPTER 1231

Amendments

1231.01 ORIGINATION OF AMENDMENTS.

   This Zoning Ordinance may be amended, utilizing the procedures specified in this Chapter, inclusive, of this Zoning Ordinance.
   (a)    General. Whenever the public necessity, convenience, general welfare or good zoning practices require, City Council may by ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.
   (b)    Initiation of Zoning Amendments. Amendments to this Zoning Ordinance may be initiated in one of the following ways:
      (1)    By adoption of a motion by the Planning Commission.
      (2)    By adoption of a resolution by Council.
      (3)    By the filing of an application to the City's Zoning Administrator by at least one owner or lessee of property within the area proposed to be changed or affected by said amendment.
   (c)    Contents of Application for Zoning Map Amendment. Applications for amendments to the Official Zoning Map, adopted as part of this Zoning Ordinance by Chapter 1205 shall contain at least the following:
      (1)    The name, address and telephone number of the applicant;
      (2)    The amendment proposal;
      (3)    A statement of the reason(s) for the proposed amendment;
      (4)    Present use and proposed use;
      (5)    Present and proposed zoning districts;
      (6)    A vicinity map, at a scale approved by the Zoning Administrator, showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Administrator may require;
      (7)    A list of all property owners and their mailing addresses who are within, contiguous to, or directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case, except that addresses need not be included where more than ten (10) parcels are to be rezoned;
      (8)    A statement on the ways in which the proposed amendment relates to the comprehensive plan;
      (9)    A fee as established by City Council.
   (d)    Contents of Application for Zoning Text Amendment. Applications for amendments proposing to change, supplement, amend, or repeal any portion(s) of this Zoning Ordinance, other than the Official Zoning Map, shall contain at least the following information:
      (1)    The name, address, and phone number of the applicant;
      (2)    The amendment proposed;
      (3)    A statement of the reason(s) for the proposed amendment;
      (4)    A statement explaining the ways in which the proposed amendment relates to the comprehensive plan;
      (5)    A fee as established by City Council.
         (Ord. 1-15. Passed 2-23-15.)
 

1231.02 TRANSMITTAL TO PLANNING COMMISSION.

   Immediately after the adoption of a resolution by the City Council or the filing of an application by at least one (1) owner or lessee of property, said resolution or application shall be transmitted to the Planning Commission.
(Ord. 1-15. Passed 2-23-15.)
 

1231.03 RECOMMENDATION BY PLANNING COMMISSION.

   Within sixty (60) days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to City Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied. The written decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based, to include the basis for their determination that the proposed amendment is or is not consistent with the comprehensive plan.
(Ord. 1-15. Passed 2-23-15.)
 

1231.04 PUBLIC HEARING BY CITY COUNCIL.

   Upon receipt of the recommendation from the Planning Commission, City Council shall schedule a public hearing. Said hearing shall be not more than forty (40) days from the receipt of the recommendation from the Planning Commission.
(Ord. 1-15. Passed 2-23-15.)
 

1231.05 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   Notice of the public hearing shall be given by City Council by at least one (1) publication in one (1) or more newspapers of general circulation in the City affected. Said notice shall be published at least thirty (30) days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(Ord. 1-15. Passed 2-23-15.)
 

1231.06 NOTICE TO PROPERTY OWNERS BY CITY COUNCIL.

   If the proposed amendment intends to rezone or redistrict ten (10) or less parcel of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least twenty (20) days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list, and to such other list or lists that may be specified by City Council. The failure to deliver the notification, as provided in this section, shall not invalidate any such amendment. The notice shall contain the same information as required of the notices published in newspapers as specified in Section 1231.05.
(Ord. 1-15. Passed 2-23-15.)
 

1231.07 ACTION BY CITY COUNCIL.

   Within thirty (30) days after the public hearing required by Section 1231.04, City Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. No amendment which violates, differs from or departs from the plan or report submitted by the Planning Commission shall take effect unless passed or approved by not less than three-fourths (¾) of the membership of Council. No amendment which is in accordance with the recommendations, plan or report submitted by the Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members of Council.
(Ord. 1-15. Passed 2-23-15.)
 

1231.08 EFFECTIVE DATE AND REFERENDUM.

   Such amendment, adopted by City Council, shall be effective thirty (30) days after the date of such adoption, unless within thirty (30) days after the passage of the ordinance there is presented to the City Clerk a petition, signed by a number of qualified voters residing in the City equal to not less than ten percent (10%) of the total vote cast in the City at the last preceding general election at which a governor was elected, requesting the City Council to submit the zoning amendment to the electors of the City for approval or rejection at the next general election.
(Ord. 1-15. Passed 2-23-15.)
 

1231.09 ANNEXATION.

   All land annexed to the City subsequent to the adoption of this Zoning Ordinance shall remain subject to the previous County or City zoning district regulations until such time as the Official Zoning Map is amended according to the provision of this Chapter. All land annexed to the City which, prior to annexation, is not subject to County or City zoning shall remain unzoned until the Official Zoning Map is amended according to the provisions of this Chapter.
   (a)    Upon any annexation, any building permits that have been issued by the City zoning officials, wherein structural construction has not yet commenced, shall be null and void.
   (b)    The Planning Commission shall make recommendations to Council concerning the zoning of annexed lands within sixty (60) days after the annexation becomes effective.
(Ord. 1-15. Passed 2-23-15.)
 

1231.10 DEPOSIT FOR PUBLICATION COST.

   Wherever any notice or legal publication is required in any zoning or platting ordinance, the Planning Commission may require a deposit from the person involved in any platting or zoning matter which is sufficient to defray the cost of such publication.
(Ord. 1-15. Passed 2-23-15.)
 
 
 
CODIFIED ORDINANCES OF BELLEVUE