18.30.020 Amendments to zoning map, this chapter or Chapter 18.05 or 18.25 CCO.
(a) Boundaries of zoning districts established by Chapter 18.25 CCO and as shown on the zoning map and uses permitted therein by the language of Chapter 18.25 CCO may be amended, reclassified, or altered whenever deemed necessary or required for public necessity and convenience or general welfare.
(b) Amendments to the zoning map or amendments to the text of this chapter or Chapter 18.05 or 18.25 CCO may be initiated by the Zoning Administrator, by the Planning and Zoning Commission, by the City Council, or by a petition of landowner(s).
(1) A petition of the landowner(s) shall be in the form of an application provided by the Zoning Administrator for change of land use classification, shall be duly signed and acknowledged by the owner(s) of record (also referred to herein as “the applicant”), and shall be filed with the Zoning Administrator. The application will include a copy of a deed, conveyance document or other proof of ownership of the land lying within the area of the proposed zoning change.
(2) The petition of the landowner(s) shall bear the signatures of not less than 51 percent of the landowners lying within the area of the proposed zone change.
(c) The Planning and Zoning Commission shall schedule a meeting with a public hearing to hear the application, which public hearing must be scheduled at least 20 days but no later than 45 days after the application is received. The applicant shall be informed by the Zoning Administrator of the time and place of the next meeting of the Planning and Zoning Commission at which the application will be considered.
(d) After the public hearing closes at the Planning and Zoning Commission meeting, the Planning and Zoning Commission shall engage in such debate as it deems necessary and adopt a recommendation on the application. Because such action is merely a recommendation and not a decision, the appeal provisions of CCO 18.10.080 do not apply.
(e) The Zoning Administrator shall submit to the Council a copy of the Planning and Zoning Commission’s recommendation regarding the zoning to be established or changed on the zoning map not later than 15 working days following the adoption of the recommendation by the Planning and Zoning Commission.
(1) Upon receipt of the recommendation, the Council shall set the date for a meeting with a public hearing.
(2) After the close of the public hearing, the Council shall consider the request or may postpone consideration and issuance of a decision for up to 60 days. In issuing its decision after consideration, the Council may accept the recommendation of the Planning and Zoning Commission, reject the recommendation of the Planning and Zoning Commission, or approve modifications to the recommendation of the Planning and Zoning Commission for the proposed zone change or text amendment.
(3) The decision of the City Council may be appealed to the Superior Court within 30 days after its adoption. The decision of the City Council shall become final and effective at the expiration of the appeal period. No permits shall be issued concerning the land in question until the decision becomes final.
(f) No request for a zoning amendment shall be considered by the Planning and Zoning Commission within the 12-month period immediately following a previous denial of such request, except that the Zoning Administrator may accept a new application if, in the opinion of the Zoning Administrator, new evidence or a change of circumstances warrant it. [Code 1979 § 15.03.020.]