A.

A proposal for adoption, amendment, or repeal of this zoning code or zoning map may be initiated by the city council on its own initiative or upon submission of a petition to the zoning officer. Immediately upon receipt of a petition for amendment the zoning officer shall refer the petition to the city council and the planning board. The planning board in turn shall notify and seek the advice of the department of planning and development and shall report to the city council within forty-five (45) days of the receipt of the petition giving its findings and recommendations. The council shall render a decision upon the proposal only after the completion of a public hearing, such hearing to be held within sixty-five (65) days of receipt of the proposal. The council shall render a decision within forty-five (45) days after the date of completion of the hearing. The provisions of this section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant. Due notice of the public hearing shall be given in accordance with the provisions of Section 17.120.020 of this zoning code. No petition for amendment which has been rejected by the council shall be heard again within one year from the date of rejection, except that after six months, a rehearing may be granted if, on facts presented to the council in writing, council finds that a material change in the situation since the rejection justifies this action in the interest of the public as well as the petitioner.

B.

Review by Planning Board. Among its findings and recommendations to the city council with respect to a proposal for adoption, amendment, or repeal of a zoning code or zoning map, the planning board shall:

1.

Include a statement on the general consistency of the proposal with the comprehensive plan including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and

2.

Include a demonstration of recognition and consideration of each of the applicable purposes of zoning, as outlined in Section 17.04.020.

C.

Procedure. All petitions for amendments shall be submitted in writing at a regular meeting of council on forms prescribed by council and shall be accompanied by the following:

1.

A Map. For petitions concerning the zoning map, two copies of a map shall be submitted, drawn to scale of not smaller than two hundred (200) feet to the inch, covering the area of the proposed change and all areas in the city within five hundred (500) feet of the proposed change, and showing for such area the existing and proposed zoning district boundary lines, the existing lines and the names and addresses of the current property owners as indicated in the assessor's records.

2.

A Copy of the Text. For petitions concerning the text of this zoning code, a copy of the existing text and the proposed change shall be submitted in duplicate.

3.

A Fee. A check made payable to the city in an amount sufficient to cover the cost of advertising, shall be included.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1266.05)

(Ord. No. 2023-42, § 1, 12-13-2023)

A.

No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the city council. The city council shall first give notice of the public hearing by publication of notice in a newspaper of local circulation within the city at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance. Written notice shall be mailed to the parties specified in subsections (b), (c), (d), (e), and (f) of this section, at least two weeks prior to the hearing. The same notice shall be posted in the town or city clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on their municipal home page of its website at least fourteen (14) days prior to the hearing. The notice shall:

1.

Specify the place of the hearing and the date and time of its commencement;

2.

Indicate that adoption, amendment, or repeal of a zoning ordinance is under consideration;

3.

Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize and describe the matter under consideration as long as the intent and effect of the proposed ordinance is expressly written in that notice;

4.

Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

5.

State that the proposals shown on the ordinance may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.

B.

Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of the real property as shown on the current real estate tax assessment records of the city. The notice shall be given by first-class mail at least two weeks prior to the hearing at which the text amendment is to be considered, with the content required by subsection (A). If the properties would be subject to the merger clause in Chapter 17.72, the notice shall include reference to the merger clause and the impacts of common ownership of substandard and nonconforming lots. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

C.

Costs of newspaper and mailing notices required under this section shall be borne by the applicant.

(Ord. No. 2023-42, § 1, 12-13-2023)