Washington City Zoning Code
ARTICLE XII
Amendments
Section 400.505 Council May Amend.
[R.O. 1992 § 400.505; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The City Council may, from time to time, on its own motion or on petition, amend, supplement, change, modify, or repeal by ordinance the boundaries of districts or regulations or restrictions herein established.
Section 400.510 Petition; Fees.
[R.O. 1992 § 400.510; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Filing Of Petition. Before any action shall be taken as provided in this Chapter, the party proposing or recommending a change in the district regulations or district boundaries shall file a petition with the Zoning Administrator at least fifteen (15) working days prior to the next regularly scheduled meeting of the City Planning Commission. The applicant for a rezoning shall submit a fee of one hundred fifty dollars ($150.00) to the City Clerk along with its application.
B.
Petition Signed By Property Owner. The petition shall be signed by the owner of the property for which a change in the district regulations or district boundaries is requested if different than the applicant.
C.
Refiling Of Petition For Same. No more than one (1) petition for the same change in district regulations or district boundaries for the same parcel shall be submitted by any applicant or owner within a six-month period.
D.
Fee For Special Use Permit. Any applicant for a special use permit shall submit a fee of one hundred fifty dollars ($150.00) to the City Clerk along with its application.
Section 400.515 Plan Commission Review.
[R.O. 1992 § 400.515; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Any proposed amendment, supplement, change, modification or repeal shall be first submitted to the Plan Commission for its recommendation and report.
Section 400.520 Public Hearing.
[R.O. 1992 § 400.520; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Upon the filing of the recommendation and report by the Plan Commission with respect to any proposed amendment, supplement, change, modification or repeal, or upon failure to report in thirty (30) days, the Council shall proceed to hold a public hearing in relation thereto, giving at least fifteen (15) days' notice of the time and place of such a hearing; and if a proposed amendment, change or modification recommends a change in the district boundaries by rezoning of certain property, then such notice shall, in addition to the legal description of the property, contain a commonly recognized designation or address; which notice shall first be published in a newspaper having a general circulation in the City.
Section 400.525 City Council Action.
[R.O. 1992 § 400.525; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
City Council Vote. The City Council shall vote on the amendment based on the following conditions:
1.
All rezoning actions shall require a favorable vote of a majority of the full membership of the City Council, except as provided below.
2.
Rezoning shall require a favorable vote by at least two-thirds (2/3) of a majority of the full membership of the City Council if the City Planning Commission recommends against the rezoning.
3.
If a protest against such proposed amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more either of the areas of the land (exclusive of streets and alleys) included in such proposed amendment, supplement, change, modification or repeal or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effective except by a favorable vote of at least two-thirds (2/3) of all the members of the City Council.