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The city council shall conduct a public hearing to act on all zoning district classification change applications which have been processed and forwarded to them for public hearing as provided in this subchapter. After the planning commission hearing, the department of planning shall set a date for public hearing on the requested change of district classification. The date for a public hearing shall be a day when the city council is regularly scheduled to hear zoning district classification change requests as determined by the rules, policies and regulations as adopted or which may hereafter be adopted by city council for holding public hearings on the requests; or city council may designate a special meeting at which to hear a requested change of district classification.
(a) Public notice.
A. Signs shall be posted on the property for a continuous period of ten days immediately prior to any public hearing held by the city council to consider any rezoning application.
B. The signs shall be furnished by the department of planning and building services; state the date, time, and location of the public hearing and be posted by the applicant in the numbers, design, and locations prescribed by the director.
C. Before any action shall be taken by the city council, the applicant shall first file with the department of planning and building services a certificate verifying that the signs have been posted at the proper location before the time specified by this section.
(2) Publication. The public hearing date, time, and location shall be published at least ten days in advance of the hearing in a legal newspaper of the community.
(b) Hearing. Upon the day of the public hearing, the city council shall review the decisions and recommendations of the planning commission of all applications coming before the city council as provided in this subchapter. The city council, in making its determination of the applications, may make changes in the zoning map in accordance with or in rejection or modification of the recommendation of the planning commission.
(c) Action and protest. Approval or denial of any application for a zoning district classification shall be by a majority of members present. Twenty days after publication of the city council’s approval, the zoning district classification change shall take effect unless the referendum be invoked, or unless a written protest be filed with the city clerk, signed by at least 40% of the owners of equity in the lots included in any proposed district and the lands within 250 feet from any part of the proposed district. A corporation shall be construed to be a sole owner, and when parcels of land are in the name of more than one person, owner representation shall be in proportion to the number of signers who join in the petition in relation to the number of owners. If a protest is filed, the ordinance does not become effective unless the ordinance is approved by a resolution by six members of the city council at its next regularly scheduled meeting. The protest provisions of this section do not apply to any ordinance regulating or establishing floodplain areas.
(1992 Code, App. B, § 15.61.040) (Ord. 42-83, passed 6-27-1983; Ord. 55-97, passed 8-4-1997; Ord. 67-98, passed 7-6-1998; Ord. 18-11, passed 4-4-2011; Ord. 9-13, passed 3-19-2013)