Chapter 17.56 AMENDMENTS

17.56.010 Initiation methods.

17.56.015 Rezoning methods.

17.56.020 Withdrawal.

17.56.030 Hearing.

17.56.040 Adjournment.

17.56.050 Recommendation to council.

17.56.060 Resubmission of denied petition.

17.56.010 Initiation methods.

Proceedings for an amendment of this title may be initiated by either of the following two means:
A. The petition of one or more persons or corporation having a substantial and sufficient interest in the proposed amendment, which petition shall be filed with commission at the office of the city clerk-treasurer, accompanied by a fee as established by resolution of the city council, which fee shall be nonrefundable. In addition to such fee, the person filing such petition shall pay to the city on demand by the clerk-treasurer the actual costs incurred by the city in connection with petition, and all actions taken pursuant thereto, for copying, publication costs, postage and recording fees. No final action shall be taken upon such petition until all such fees and costs have been paid in full. The fees herein provided may hereafter be increased or decreased by resolution duly enacted by the city council;
B. Resolution of the council or commission. (Ord. 1119 § 19, 2003: Ord. 627 § 2, 1979: Ord. 516 § 3 (part), 1970; Ord. 491 § 13.01, 1966).

17.56.015 Rezoning methods.

Zoning ordinance or maps may be amended whenever public necessity, convenience and general welfare require. The boundaries of zoning districts established on maps of the city, and the classification of property uses established by ordinance, may be amended as follows:
A. By the amendment of the text of the Kalama Zoning Code; or
B. By amendment of the zoning map. (Ord. 664 § 2, 1981).

17.56.020 Withdrawal.

Any petition for an amendment may be withdrawn upon the written application of a majority of all persons who signed such petition. The council and the commission may by resolution cancel any proceedings for an amendment initiated by their resolution, provided that any hearing of which public notice has been given shall be held. (Ord. 516 § 3 (part), 1970; Ord. 491 § 13.02, 1966).

17.56.030 Hearing.

Upon initiation of an amendment proposal or resolution by the city council to determine the zoning of newly annexed property, and within sixty days after filing thereof, the commission shall hold a public hearing in relation thereto. Such hearing shall be held at a suitable place within the city, and notice of the time, place and purpose of such hearing shall be published at least once, not less than ten days prior to the date of such hearing, in the legal newspaper of the city. If the hearing concerns a proposed amendment to the zoning map, or to initial zoning of property newly annexed to the city, additional notice shall be given by posting on the property concerned, and written notice shall be mailed, not less than ten days prior to said hearing, to the owners of all property within three hundred feet of the boundaries thereof, using for this purpose the last known names of such owners as shown upon the records of the county assessor. Failure to send notices by mail to any property owner where the address of such owner is not included in the assessor’s records on the date of such mailing shall not invalidate any proceedings in connection with such amendment or reclassification. (Ord. 613 § 2, 1978: Ord. 516 § 3 (part), 1970; Ord. 491 § 13.03, 1966).

17.56.040 Adjournment.

The commission may adjourn any hearing in order to obtain additional information or to serve further notice upon such other persons as it decides may be interested in said amendment or classification. If a date for continuance of the hearing is set at the time of adjournment, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing unless the commission so decides; if no such date is set, notice as required in Section 17.56.030 shall be published in the city’s legal newspaper. (Ord. 613 § 3, 1978: Ord. 516 § 3 (part), 1970; Ord. 491 § 13.04, 1966).

17.56.050 Recommendation to council.

If, from the facts presented at the public hearing or on investigation by the commission, the commission finds that the public health, safety, and/or general welfare warrant enactment of the proposed amendment and that such enactment is in compliance with the intentions and purposes of this title, it shall recommend said amendment to the council for adoption. The decision of the commission, whether favorable or unfavorable to the proposed amendment, shall be reported to the council within sixty days of the filing of the petition for the proposed amendment with the commission. If the commission’s decision is favorable, the council shall act thereon, whether favorably or unfavorably, within thirty days of receipt of said decision. If the matter presented to the commission is a resolution by the city council to establish the zoning of newly annexed property, the commission, after hearing an investigation as in this chapter provided, shall make its report and recommendation to the city council within sixty days of the date of enactment of the resolution by the commission, and the commission shall act thereon within thirty days of the receipt of said report and recommendation. The city council may accept or reject in whole or in part the recommendations of the commission or may modify the proposed zoning recommended by the commission. If the recommendation of the commission is modified or rejected in whole or in part, the council shall hold a public hearing, after notice as provided in Section 17.56.030, and following such hearing, the council shall determine the zoning classification of such annexed property and shall enact an ordinance accordingly. (Ord. 613 § 4, 1978: Ord. 516 § 3 (part), 1970; Ord. 491 § 13.05, 1966).

17.56.060 Resubmission of denied petition.

After a petition has been denied by the commission or the council, or after an ordinance has been enacted establishing the zone classification for newly annexed property, such petition for a rezone for the classification for such newly annexed property shall not be resubmitted for rezoning within less than one year’s time unless it can be shown that conditions effecting the proposed amendment have substantially changed. (Ord. 613 § 5, 1978: Ord. 516 § 3 (part), 1970; Ord. 491 § 13.06, 1966).