A. Initiation. An amendment to the text or the zoning map of this chapter may be initiated by the city council, by the planning commission or by application of the property owner or his authorized agent. The planning commission shall, within 60 days after acceptance of a zone change application hearing, recommend to the council approval, disapproval, or modification to the proposed amendment.
B. Application. An application for amendment by a property owner or his authorized agent shall be filed with the city clerk.
C. Hearing--notice procedures. Before taking final action on a proposed amendment, the planning commission shall hold a hearing thereon. Notice of time and place of the public hearing before the planning commission and the purpose of the proposed amendment shall be given by the city clerk in the following manner:
1. If an amendment to the zoning map including an area of less than 10 acres is proposed, the notice shall be by mailing written notice not less than 10 days prior to the date of hearing to owners of property within lines parallel to and 300 feet from the exterior boundaries of the property involved (excluding all public rights-of-way), using for this purpose the names and addresses of the owners as shown upon the current records. Failure to send notice to a person specified in this section or failure of a person to receive the notice shall not invalidate any proceedings in connection with the proposed change;
2. If an amendment to the text of this title or a change in zone of an area of 10 acres or more is proposed, the notice shall be by three posted notices for public viewing in the city 10 days prior to the hearing.
D. Hearing--recess. The planning commission may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposed amendment. Upon recessing for this purpose, the planning commission shall announce the time and date when the hearing will be resumed.
E. Modification. The boundaries of classification of a proposed amendment (zone change) effecting the zoning map but not effecting the zoning text, may be modified by the applicant or by the planning commission, provided that the change in boundaries or classification effects no new area not previously described in the notice of planning commission hearing, and provided that the change in classification will not result in a more intense land use than previously described in the notice of planning commission hearing.
F. Hearing--city council.
1. Following the prescribed hearing before the planning commission, a written report containing the findings and recommendations of the planning commission as embodied in ordinance form shall be forwarded to the city council by the city clerk.
2. Upon receipt of the planning commission recommendation, the city council shall act to confirm, reverse, modify, or remand the matter back to the planning commission for further testimony, or the city council may set a time for hearing before the city council. If the matter is judicial or quasi- judicial in character, the hearing shall be held on the record; that is, no new testimony shall be taken. If the matter is legislative in character, the council may take additional testimony at the time set for public hearing, or may decline to take new testimony.
G. Approval. In granting an amendment to the zoning map, upon application by a property owner or his authorized agent the Council may require the dedication of additional street utility right-of-way where an officially adopted street plan indicates need for increased width or where the nature of the proposed development warrants increased street width, and the council may require permanent landscape screening or other devices to minimize conflict with residential land use.
H. Notification of city's action. The city clerk shall notify the applicant in writing of the city's action within 10 working days after the decision has been rendered.
I. Public record required. The city clerk shall maintain a record of amendments to the text and map of this title in a form convenient for the use of the public, and in accordance with § 13.06.060 (official map).
(Ord. 81-09 (part), 1981)