Amendments to the text of this title or to the zoning map may be made per the provisions of this chapter.

(Ord. 2004/05-17 § 1 (part))

A.

Whenever a request to amend this title is initiated by the city council, the planning commission, the board of appeals, or the city administration, the city attorney in consultation with the administrator shall draft an appropriate ordinance and present it to the council so that a date for a public hearing may be set.

B.

Any other person may also petition the council to amend this title. The petition shall be filed with the administrator and shall include all information deemed relevant by the administrator:

1.

The name, address, and telephone number of the applicant;

2.

A description of the land affected by the amendment if a change in zoning district classification is proposed; and

3.

A description of the proposed map change and a summary of the specific objective of any proposed change in the text of this title.

C.

Upon receipt of a petition as provided in subsection B of this section, the administrator shall either:

1.

Treat the proposed amendment as one initiated by the city administration and proceed per subsection A of this section if he or she believes that the proposed amendment has significant merit and would benefit the general public; or

2.

Forward the petition to the council with or without written comment for a determination of whether a title should be drafted and a public hearing set per subsection D of this section.

D.

Upon receipt of a proposed title as provided in subsection A of this section, the council may establish a date for a public hearing on it. Upon receipt of a petition for a title amendment as provided in subsection B of this section, the council may summarily deny the petition or set a date for a public hearing on the requested amendment and order the attorney, in consultation with the administrator, to draft an appropriate title.

(Ord. 2004/05-17 § 1 (part))

A.

If the council sets a date for a public hearing on a proposed amendment, it shall also refer the proposed amendment to the planning commission for its consideration.

B.

The planning commission shall endeavor to review the proposed amendment in such a timely fashion that any recommendations it may have can be presented to the council at the public hearing on the amendment. However, if the planning commission is not prepared to make recommendations at the public hearing, it may request the council to delay final action on the amendment until such time as the planning commission can present its recommendations.

C.

The council need not await the recommendations of the planning commission before taking action on a proposed amendment, nor is the council bound by any recommendations of the planning commission that are before it at the time it takes action on a proposed amendment.

(Ord. 2004/05-17 § 1 (part))

A.

No title that amends any of the provisions of this title may be adopted until a public hearing has been held on such title.

B.

The administrator shall publish a notice of the public hearing on any title that amends the provisions of this title in a newspaper having general circulation in the area. The notice shall be published not less than fifteen (15) days nor more than thirty (30) days before the date fixed for the hearing. In computing this period, the date of publication shall not be counted but the date of the hearing shall be.

C.

With respect to map amendments, the administrator shall mail written notice of the public hearing to the record owners for tax purposes of all properties whose zoning classification is changed by the proposed amendment as well as the owners of all properties any portion of which is within two hundred fifty (250) feet of the property rezoned by the amendment.

D.

The notice is required or authorized by this section shall:

1.

State the date, time, and place of the public hearing;

2.

Summarize the nature and character of the proposed change;

3.

If the proposed amendment involves a change in zoning district classification, reasonably identify the property, whose classification would be affected by the amendment;

4.

State that the full text of the amendment can be obtained from the city clerk; and

5.

State that substantial changes in the proposed amendment may be made following the public hearing.

E.

The planning staff shall make every reasonable effort to comply with the notice provisions set forth in this section. However, it is the council's intention that no failure to comply with any of the notice provisions (except those set forth in subsection B of this section) shall render any amendment invalid.

(Ord. 2004/05-17 § 1 (part))

A.

At the conclusion of the public hearing on a proposed amendment, the council may proceed to vote on the proposed title, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure.

B.

The council is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.

C.

Voting on amendments to this title shall proceed in the same manner as other titles, subject to Section 17.60.060.

(Ord. 2004/05-17 § 1 (part))

In deciding whether to adopt a proposed amendment to this title, the central issue before the council is whether the proposed amendment advances the public health, safety or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the mayor and excluded. In particular, when considering proposed minor map amendments:

A.

The council shall not consider any representations made by the petitioner that if the change is granted the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the council shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification.

B.

The council shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large.

(Ord. 2004/05-17 § 1 (part))

A.

If a petition opposing a change in the zoning classification of any property is filed per the provisions of this section, then the proposed amendment may be adopted only by a favorable vote of three-fourths of the council membership.

B.

To trigger the three-fourths vote requirement, the petition must:

1.

Be signed by the owners of occupancy of twenty-five (25) percent or more of the lots within two hundred fifty (250) feet of the site to be rezoned or any property owner of a lot included in the proposed change;

2.

Be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment;

3.

Be received by the city clerk in sufficient time to allow the city at least two normal working days before the date established for a public hearing on the proposed amendment to determine the sufficiency and accuracy of the petition; and

4.

Be on a form provided by the city clerk and contain all the information requested on this form.

(Ord. 2004/05-17 § 1 (part))