Brewster City Zoning Code
CHAPTER 17
25 AMENDMENTS
§ 17.25.010 Amendments-Initiation of action.
A.
Proposed amendments or additions to the text of this title may be initiated in the following manner:
1.
By the city council, city planning agency, or city planning staff, or
2.
By any interested property owner, as follows: by filing with the city clerk-treasurer of a petition of one or more owners of property within the city; setting forth the proposed amendment or additions, which petition shall be on a standard form as prescribed by the clerk-treasurer and accompanied by a nonrefundable fee in an amount set by resolution of the city council.
B.
Proposed changes to the official zoning map of the city (use district changes) may be initiated in the following manner:
1.
By the city council, city planning agency or city planning staff, or
2.
By the owners of the property for which amendment is requested as follows: by the filing with the city clerk-treasurer of a petition containing the signatures of all the owners of the property within the area proposed for the zoning change, setting forth the proposed zoning change, which petition shall be on a standard form as prescribed by the clerk-treasurer and accompanied by a nonrefundable fee in an amount set by resolution of the city council.
(Ord. 545 § 2 (Exh. A) (part), 1992; Ord. 926 § 2 (part), 2020)
§ 17.25.020 Amendment procedure-Planning agency public hearing.
Proposed amendments or additions to this title, including proposed changes to the official zoning map of the city (use district changes), shall first be considered by the planning agency at a public hearing. The planning agency shall hold a public hearing to consider proposed amendments or additions to this title within sixty days after receiving a completed application for a proposed amendment or addition to this title.
(Ord. 545 § 2 (Exh. A)(part), 1992; Ord. 926 § 2 (part), 2020)
§ 17.25.030 Text amendments-Notice requirements.
Notice of the planning agency public hearing on amendments or additions to the text of this title shall include the time, place and purpose of the public hearing and shall be published at least once in a newspaper of general circulation delivered within the city and in the official Gazette, if any, of the city, at least ten days prior to the date of the public hearing. Continued hearings may be held at the discretion of the planning agency, but no additional notices need be published. Within sixty days following the public hearing and any continuance thereof, the planning agency shall prepare written findings, conclusions and a recommended decision and provide the same to the city council.
(Ord. 545 § 2 (Exh. A) (part), 1992; Ord. 926 § 2 (part), 2020)
§ 17.25.040 Official zoning map amendment-Notice requirements.
A.
Notice of the planning agency public hearing on amendments or additions to the official zoning map of the city (use district changes) shall identify the property that is the subject of the proposed amendment of the official zoning map.
B.
The notice described in subsection A of this section shall include notice of the time, place and purpose of the public hearing and be published at least once in a newspaper of general circulation delivered in the city and in the official newspaper, if any, of the city, at least ten days prior to the date of the public hearing.
C.
Additional notice may be delivered or mailed to property owners in the area that is the subject of the proposed amendment or to neighboring property owners at the discretion of the city superintendent or the recommendation of the planning agency.
D.
Continued hearings may be held at the discretion of the planning agency, but no additional notices need be published or mailed.
E.
Within sixty days following the public hearing and any continuance thereof, the planning agency shall prepare written findings, conclusions and recommend a decision and provide the same to the city council.
(Ord. 545 § 2 (Exh. A) (part), 1992; Ord. 632 § 1, 1996; Ord. 926 § 2 (part), 2020)
§ 17.25.050 Council action.
A.
The city council shall, within sixty days after receiving the planning agency's findings, conclusions and recommendation, consider the proposed amendment to the text of this title or the official zoning map of the city (use district changes) at a public meeting and shall either:
1.
Adopt the findings, conclusions and recommendation of the planning agency as the decision of the council;
2.
Modify the findings and conclusions of the planning agency without changing the planning agency's recommendation, and adopt the same as the decision of the council;
3.
Reject the findings, conclusions and/or recommendation of the planning agency and adopt findings and conclusions of its own, based on the record of the planning agency public hearing, and enter its own decision;
4.
Remand the matter back to the planning agency with written instructions for further consideration or additional public hearings; or
5.
Hold its own public hearing to consider the proposed amendment and, after the hearing:
B.
Notice requirements for any public hearing before the city council or any additional public hearing to be held before the planning agency at the request of the city council shall be the same as those notice requirements set forth in Sections 17.25.030 and 17.25.040 for the initial planning agency public hearing.
(Ord. 545 § 2 (Exh. A) (part), 1992; Ord. 926 § 2 (part), 2020)
§ 17.25.060 Limitations.
No request for an amendment or addition to this title, including proposed changes to the official zoning map of the city, shall be considered by the planning agency within the twelve-month period immediately following a previous denial of such request, except that the planning agency may consent to a new hearing if, in the opinion of the planning agency, new evidence or a change in circumstances warrants it.
(Ord. 545 § 2 (Exh. A) (part), 1992; Ord. 926 § 2 (part), 2020)
§ 17.25.065 Appeal.
A.
Any decision of the city council approving or disapproving any amendment or addition to this title, including proposed changes to the official zoning map of the city, shall be final. Any appeal of a decision of the council must be filed in the Okanogan County Superior Court and served on the city within ten days after the decision of the city council.
B.
The cost of transcription of all records ordered certified by the court for such appeal shall be borne by the appellant at the rate prescribed by the administrator of this title. Such costs shall not exceed the amount necessary to reimburse the city for its expenses actually incurred.
(Ord. 545 § 2 (Exh. A) (part), 1992)