Winner City Zoning Code
AMENDMENTS, REZONING
AND ANNEXATION
§ 154.505 AMENDMENTS AND REZONING.
The provisions set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed by action of the City Council or when such amendment, supplement, change, modification or repeal is requested through a petition by 30% of the landowners in the districts requesting a change. An individual landowner may also petition the city to change the zoning of all or any part of his or her property provided that such modification or repeal in each instance be proposed in an ordinance presented to the governing body for adoption in the same manner and upon the same notice as required for the adoption of the original ordinance.
(Prior Code, § 16.27.01) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.506 ANNEXATION AND REZONING PETITIONS.
(A) All applications for annexation or rezoning must be signed or approved in writing by the owner of record. In the event the owner of record has a binding purchase agreement contingent on the approval of annexation or rezoning, the potential purchaser may submit and sign all documents required for petition. The petitioner’s attorney shall prepare the petition.
(B) (1) All petitions shall be accompanied by a site plan.
(2) The site plan shall be drawn to scale and indicate the following:
(a) The actual dimensions, shape and property lines of the lot to be built upon including adjacent property and proximity to roads;
(b) A north arrow;
(c) The exact sizes and locations on the lot of buildings already existing, if any, and the location, dimensions and square footage of the proposed building(s) or alteration:
(d) Location and dimensions of all easements and rights-of-way;
(e) General utility, water and sewer plan with proximity and proposed connection to municipal utilities;
(f) Site drainage plan and development impact on culverts and the like; and
(g) Yard dimensions.
(C) (1) All petitions shall be submitted to the Zoning Administrator.
(2) The petitions shall not be accepted unless and until all documents required have been satisfactorily completed and all required fees have been paid in full.
(Prior Code, § 16.27.02) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.507 PROCESS FOR AMENDMENTS AND REZONING.
Prior to consideration of amending, supplementing, changing, modifying or repealing this chapter, annexing or rezoning by the governing body, notice of public hearings shall be provided as follows.
(A) If the proposed changes affect a particular piece of property, notification signs shall be posted on the property upon which action is pending at least seven days prior to the hearing date. Such signs shall be placed along all along the property’s street frontage so as to be visible from the street. If a property does not have a street frontage, then such signs shall be placed upon the closest available right-of-way and upon the property. Said signs shall be not less than 187 square inches in size. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearings;
(B) At least ten days before the date of the Planning Commission hearing, the city shall have published in the legal newspaper of the city, a notice of the time, place and subject matter of such hearing.
(C) If the proposed changes affect a particular piece of property, written notice of the public hearing shall be sent to the applicant and all owners of real property lying within 150 feet of the property on which the conditional use is pending. The notice shall be given to each owner of record by depositing such notice in the United States Post Office not less than ten days prior to the hearing date.
(D) The Planning Commission shall hold the public hearing, review the proposed amendment(s) and make recommendations to the City Council.
(E) The city shall provide public notification pursuant to divisions (A) through (C) above before the date of the City Council hearing.
(F) The City Council shall hold the public hearing, review the proposed amendment(s) and by resolution or ordinance deny or pass the recommendations.
(G) If the changes are adopted, the Planning Commission shall prepare a copy of the amended language or map revisions.
(H) Once the copy is prepared, the City Attorney shall review the changes and forward the changes to the City Finance Officer for publishing.
(I) The complete copy of changes must be published once in a legal newspaper of the city.
(J) The changes take effect 20 days after publication.
(Prior Code, § 16.27.03) (Ord. 737, passed - -; Ord. 800, passed - -)