Title 17 ZONING
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Any petition for an amendment may be withdrawn upon the written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).
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