This title may be amended by changing the boundaries of any zoning district or by changing, amending or supplementing the regulations or any other provision hereof whenever it is in the interests of the public health, safety, general welfare or convenience or sound zoning practices to do so.

(Ord. 16.76 § 1 (part), 1989)

A.

A change of zoning district designation may be initiated by the owner or the authorized agent of the owner of the property within the area for which a change of zone is proposed, by filing a petition therefor.

B.

A change of zoning district designation or a change or amendment of any of the regulations of this title may be initiated by resolution or motion of the planning commission or by action of the city council in the form of a request to the commission that it consider a proposed change or amendment.

(Ord. 16.76 § 1 (part), 1989)

A.

Petitions for changes of zoning district designation shall be filed with the planning commission upon such forms and accompanied by such maps, drawings and data as are determined necessary by the planning director to demonstrate that the proposed change of zone is in general conformance with the General Plan and that it is in the interest of the public health, safety, general welfare or convenience or sound zoning practices. Without limiting the foregoing, the applicant may be required to submit the following information:

1.

Maps drawn at an appropriate scale showing the relationship of adjoining parcels to property to be rezoned; existing or proposed streets and surface drainage channels affecting the property to be rezoned; and existing zoning and/or land use in the area adjoining the property proposed to be rezoned;

2.

Plans and elevations of any proposed construction;

3.

Economic and population data with respect to the proposed rezoning.

B.

Petitions filed by property owners or their designated agents shall be subject to and accompanied by a filing and investigation fee as set forth by resolution of the city council.

C.

Requests by property owners (or their designated agents) that the planning commission or city council initiate rezoning proceedings shall not be subject to filing fee as provided above if the commission or council determines it shall initiate the proceedings.

(Ord. 16.76 § 1 (part), 1989)

A.

Upon the filing of such petition for a change of zone or upon the initiation of procedure for an amendment to the regulations of this title, the item shall be set for public hearing before the planning commission.

B.

Notice of the hearing shall be given pursuant to the noticing requirements described in Section 17.50.090 of this title, if the proposed change, ordinance or amendment is one which changes property from one zone to another or affects the permitted uses of real property; otherwise notice shall be given pursuant to the provisions of Section 17.50.100 of this title.

C.

The planning commission shall hold at least one public hearing upon the matters referred to in such petition for a change of zone or such proposal to amend, change or supplement the regulations of this title. If from the facts presented at the public hearing or on investigation by the planning commission it is found that the public health, safety, comfort, convenience, prosperity, general welfare or good zoning practice warrants the change of zone or regulations, the planning commission shall recommend such change to the city council. Within thirty days following the public hearing(s), the planning commission shall transmit its report in writing to the city council. The report shall include the recommendation(s) and the reasons therefor, and the relationship of the proposed ordinance, change or amendment to applicable general and specific plans.

(Ord. 16.76 § 1 (part), 1989)

A.

The city council, upon receipt of each recommendation of the planning commission on an amendment or change of zone, shall set the same for public hearing at a subsequent meeting of the council and in no case later than forty-five days from the receipt by the city council of the recommendation of the planning commission.

B.

Notice of the hearing shall be given in pursuant to the requirements described in Section 17.50.100 of this title.

C.

The city council shall hold at least one public hearing upon the matters referred to in the petition for a change of zone or proposal to amend, change or supplement the regulations of this title. The city council may approve the recommendation of the planning commission or may modify or reject, wholly or partly, the recommendation of the planning commission.

D.

If the city council proposes to adopt an amendment to this title in a form altered from said amendment as recommended by the commission and not previously considered by the commission, the council shall refer said matter back to the commission for report and recommendation before adoption. The commission need not hold a noticed public hearing on such referral of the item not previously considered by it. The failure of the commission to report within forty days after said referral, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed change by the commission.

E.

This title may be amended by the city council whenever it is in the interests of the public health, safety, general welfare or convenience or sound zoning practices to do so; provided, however, that in order to amend this title, the city council shall find that the proposal amendment is consistent with the General Plan.

F.

In case an application for a rezoning initiated by a petition of a property owner(s) is denied, no new application for the same or substantially the same rezoning for the same or substantially the same property shall be filed for one year subsequent to such denial, unless explicitly authorized by the city council or the denial is declared to be without prejudice to the filing of a new petition within one year.

G.

The determination by the city council shall be final and conclusive. The decision of the city council shall be rendered within ninety days after the receipt of a report and recommendation from the planning commission, or after the expiration of ninety days from the end of the period specified in subsection D of this section. Upon the consent of the planning commission, any petition for an amendment may be withdrawn upon the written application of a majority of all persons who signed such petition. The city council or planning commission, as the case may be, may by resolution abandon any proceedings for an amendment initiated by its own resolution or motion, provided, that such proceedings are before such body for consideration and provided that any hearing of which public notice has been given shall be held.

(Ord. 16.76 § 1(part), 1989)

A.

On any change of boundaries of a district or any change from one district classification to another where the change is initiated by petition filed by the owner or owners, such reclassification may be made subject to one or more conditions subsequent, on failure of any one of which the property shall automatically revert to the district classification from which it was changed.

B.

Conditions permitted under the provisions of this section are as follows:

1.

That one of the uses for which the property was reclassified shall be established; and/or

2.

That a particular use represented by the applicant as being intended by him shall be established; and/or

3.

That a particular use and/or structure or structures represented by the applicant as being intended by him shall be established and constructed, within a specified period of time and in accord with such plans as presented by the applicant in requesting the change of zoning granted, the nonhappening of which in such specified period of time would automatically reinstate the previous district classification existing prior to the change.

C.

Where a change in zoning classification is granted under these provisions, notation thereof shall be made upon the zoning map by retaining the previous district classification in parentheses with any such other designations as will indicate the conditional nature of the reclassification.

D.

When a condition of reclassification under this section imposes a time limit within which a particular use shall be established or construction of a particular structure or structures shall be commenced or completed or both, the city council shall have power, in cases of undue hardship, to grant a reasonable extension of such time limit; provided, that prior to the expiration of the original time limit or limits in question an application has been made to the city council for such extension. The city council shall have additional power to modify, waive or, with the consent of the owner of the property, to substitute conditions of reclassification at any time prior to the automatic reversion to the district classification which occurs on failure to comply with the conditions of approval.

E.

The powers of the city council to extend time limits or to modify, waive or change condition are matters of grace only.

(Ord. 16.76 § 1(part), 1989)