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HomeMy WebLinkAbout1957-B-2111 r ORDINANCE NO. B -2111 AN ORDINANCE establishing zones in the City of Yakima; regulating and limiting the use of buildings.and land; establishing use, height, area, and off - street park- ing regulations; providing for yards, courts and other open spaces; provid- ing for the adoption of maps showing the boundaries of said zones; providing for a Board of Adjustment; providing for the administration and engorcement of this Ordinance, and fixing penalties for the violation of its provisions; repealing Ordinances numbered B -22, B -35, B - 43, B -51, B -71, B -126, B -146, B -172 and B -293, and all amendments thereto and all other Ordinances and parts of Ordinances in conflict herewith; amending Ordinance B -2095, and declaring an emergency. BE IT ORDAINED BY THE CITY OF YAKIMA: I Section 1. Article 20 of laid Ordinance No. B -2095 is hereby amended to read as follows: I "ARTICLE 20 ?" 1 AMENDMENTS Section 2000: ORDINANCE MAY BE AMENDED. Boundaries of the zones established by this Ordinance, the classification of property uses therein, or other provisions of this Ordinance may be amended whenever public necessity and convenience and general wel- fare require. Section 2001: INITIATION OF AMENDMENT. Amendments of this Ordinance may be initiated by: 1. The verified application of one or more owners of property proposed to be changed or reclassified. 2. Resolution of Intention of the City Commission. 3. Resolution of Intention of the Planning Commission. Section 2002: APPLICATION FORAMENDMENT. Whenever the owner of any land or building desires an amendment, supplement to or change of the regulations prescribed: for his property, he shall file with the Planning Commission an application therefor, veriL fied by him, requesting amendment. Section 2003: PLANNING COMMISSION TO HOLD HEARING ON AMENDMENTS. Upon t'Ze filing of a verified application for an amendment, or the adoption of a Resolution of Intention by the Planning Commission or the City Commission, the Planning Commission s_zall hold at least one (1) public hearing thereon, and notice of such hearing shall be given as provided in A 21 of this Ordinance. Section 2004: TIME FOR HEARING• The • hearing before the Planning Commission on an amendment to the official precised plan hereby established shall be held not later than forty'(40) calendar days following the filing of an application for such amendmen, . or the passage of a Resolution of Intention by the Planning Commission or the City Comm- ission; except when said hearing is upon a Resolution of Intention of the City Commission, in which event said hearing shall be at the first meeting following the said ten day notice of the Planning Commission. Section 2005: NOTICE OF PLANNING COMMISSION'S DECISION WHEN APPROVING Of. DENYING THE APPLICATION' The Planning Commission's action in recommending or denying the adoption of the amendment shall be by motion adopted by the affirmative vote of a major- ity of the Planning Commission's voting members. Within ten (10) calendar days from the date of such action, the Planning Commission shall notify the applicant by forwarding a copy of the decision to the applicant at the address shown upon the application. Section 2006: ACTION APPROVING APPLICATION SENT TO CITY CO &MISSION. When the action of the Planning Commission is to approve an application, the Planning Comm- ission shall, within ten (10)• calendar days from the date of such action, forward to the City Commission a copy of the motion approving the application, and shall recommend th adoption of the amendment by the City Commission. Section 2007: PLANNING COMMISSION ACTION SHALL BE FINAL WHEN DENYING APP I- CATION. The action of the Planning Commission in denying an application for amendment shall be final and conclusive unless, within fourteen (14) calendar days following the posting of notice in the United States mail of the action to the applicant, an appeal 'n writing is filed with the City Commission; provided, however, that such application may come before the City Commission by R of the City Commission within 30 days fo l- owing such denial. Section 2008: CITY COMMISSION TO NOTIFY PLANNING COMMISSION CF APPEAL. p- on receipt of a written appeal filed with the City Commission, as provided in this Art - cle, the City Clerk shall advise the Secretary of the Planning Commission who shall tr n- smit to said City Clerk the Planning Commission's complete record of the case. Section 2009: CITY COMMISSION TO HOLD HEARING ON PLANNING COMMISSION'S R- COMMENDATIONS ON AMENDMENTS ANDON APPEALS. Within not to exceed forty (40) days follow- ing receipt of a motion from the Planning Commission recommending the adopting of an amendment, or the filing of a written appeal from an order_.of the Planning Commission denying an application for amendment as provided in this Article, the City Commission shall conduct a hearing on the matter at a regularly scheduled meeting of said City Comm- ission. Section 2010: CITY COMMISSION TO ANNOUNCE FINDINGS AND DECISION. The City Commission shall announce its findings and decision by formal motion not more than forty (40) calendar days following the hearing, and said motion shall recite, among other things, the facts and reasons which, in the opinion of the City Commission, make the approval or denial of the recommendation for the amendment necessary to carry out the general purpose of this Ordinance. ORDINANCE NO. B -2111 Section 2011: DECISION OF CITY COMMISSION SHALL BE FINAL. The action of the City Commission shall be final and conclusive except, however, if the decision is contrary to the recommendation of the Planning Commission, the City Commission shall fe- quest a further report of the Planning Commission before it makes its decision final. F of the Planning Commission to act within forty (40) calendar days of receipt of notice of the City Commission's request shall automatically make the City Commission's decision final. 11 Section 2. This Ordinance is one to provide for the immediate preservation of the public peace, property, health and safety of the people of the City of Yakima; and an emergency is hereby declared to exist and said Ordinance shall be in 'full force and effect immediately upon its passage, approval and publication as provided for in the City Charter. PASSED BY THE CITY COMMISSION, signed and approved this 26th day of December, 1957. ATTEST: J.A. SMITH ( S E A L ) JOE K. ALDERSON . CITY CLERK MAYOR I hereby certify that the foregoing is a true, full and correct copy of Ordinance No. B -2111 entitled "AN ORDINANCE establishing zones in the City of Yakima; regulating and limiting the use of buildings and land; establishing use, height, area, and off - street parking regulations; providing for yards, courts and other open spaces; providing for the adoption of maps showing the boundaries of said zones; providing for a Board of _Adjustment; providing for the administration and enforcement of this Ordinance, and fix- ing penalties for the violation of its provisions; repealing Ordinances numbered B -22, B -35, B -43, B -51, B -71,'B -126, B -147, B -172 and B -293, and all amendments thereto and all other Ordinances and parts of Ordinances in conflict herewith; amending Ordinance B -2095, and declaring an emergency.", as passed on the 26th day of December, 1957, and that the same has been published as required by law. if / /I/T Y C L ER K •