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ZONING AND REZONING ORDINANCE PROCEDURES
Sections:
1.20.010 Procedures generally.
1.20.020 Legal protest, filing.
1.20.030 Ordinances where no legal protest is filed.
1.20.040 Ordinances where a legal protest is filed.
1.20.050 Protest filed-Tabling to determine sufficiency.
1.20.060 Subsequent votes.
1.20.010 Procedures generally.
The following procedures are adopted to apply with respect to the public hearing
and consideration of ordinances amending, supplementing, changing, modifying
or repealing zone districts or zoning or rezoning land within any zone district
of the city (sometimes referred to hereinafter as "such ordinance"
or "such ordinances"). (Ord. O-82-107 § 2, 1982).
1.20.020 Legal protest, filing.
A protest against changes in regulations, or restriction or change in a zone
district applicable to particular land, which protest is filed with the City
Clerk at least twenty-four hours prior to the governing body's vote on a change
and is signed by the owners of twenty percent or more of the area of land which
is subject to the proposed change or twenty percent or more of the area of land
extending a radius of one hundred feet from the land which is subject to the
proposed change, disregarding intervening public streets and alleys, shall not
become effective except by favorable vote of two-thirds of all the members of
the City Council.
The protest must be signed by the owners of twenty percent or more of the area
of land which is subject to the proposed change or owners of twenty percent
or more of the area of land extending a radius of one hundred feet from the
land which is subject to the proposed change, disregarding intervening public
streets and alleys. As proof of such ownership, the respective protestants shall
attach to the petition sufficient evidence of ownership in the form of a legal
description of their property or other recognized proof of location and ownership.
(Ord. O-82-107 § 3, 1982).
1.20.030 Ordinances where no legal protest is filed.
A quorum of the City Council consisting of six or more members shall hold public
hearing upon and consider the adoption of any such ordinances at the meeting
for which such public hearing and consideration is duly scheduled, if no sufficient
protest has been filed pursuant to Section 1.20.020 of the Lakewood Municipal
Code; provided, however, that if four members of the City Council are absent
at any meeting at which any such ordinance is considered and not passed (and
abstention by the member of Council shall be considered an absence for the purposes
hereof), and if upon a vote upon such ordinance at such meeting not fewer than
four members of the City Council have voted in favor of passage of the ordinance
(or against a motion to deny the same), then, upon the motion of any member
of the City Council made before the adjournment of such meeting, such vote shall
be rescinded without further vote upon the motion to rescind and consideration
of such ordinance shall be tabled until the next regular meeting of the City
Council at which not fewer than nine members of the Council are present (excluding
any member or members abstaining), at which meeting a vote shall be taken upon
a motion to adopt the ordinance.
At such subsequent meeting any member of the City Council who attended the public
hearing upon such ordinance or who has thereafter listened to the tape recording
of the public hearing upon the ordinance and who has read the record of the
proceedings; (which for the purposes of this chapter shall include but not be
limited to staff comments of the planning staff, the proposed ordinance, the
resolution of the Planning Commission, any exhibits presented at the hearing,
and the aerial photograph and zoning map presented at such hearing) shall be
entitled to vote upon the adoption or denial of passage of such ordinance.
If any such ordinance is so tabled, and a vote is thereafter taken at a subsequent
meeting as herein provided, such vote shall not be subject to further reconsideration,
notwithstanding that one or more members of the City Council who were not in
attendance at the public hearing have not voted upon the ordinance at such subsequent
meeting. (Ord. O-82-107 § 4, 1982).
1.20.040 Ordinances where a legal protest is filed.
A quorum of the City Council consisting of six or more members may hold a public
hearing upon any such ordinance at the meeting for which such public hearing
and consideration is duly scheduled. If a sufficient protest is filed pursuant
to Section 1.20.020 of the Lakewood Municipal Code, and if not fewer than nine
members of the City Council are present at the meeting and stand ready to vote
upon such ordinance at the conclusion of the public hearing and consideration
of the ordinance thereafter, there shall be no reconsideration of the vote thereon
if the ordinance is defeated either by the failure of eight members of Council
to vote in favor of the adoption thereof or upon the affirmative vote of six
members of Council to deny passage thereof.
If fewer than nine members of Council are present and stand ready to vote upon
such ordinance at the conclusion of the public hearing and consideration thereof,
the ordinance shall be tabled to the next regularly scheduled meeting of the
City Council at which nine members shall be in attendance, and a vote shall
be taken at such meeting upon a motion to adopt such ordinance.
At such subsequent meeting any member of the City Council who attended the public
hearing upon such ordinance or who has thereafter listened to the tape recording
of the public hearing upon the ordinance and who has read the record of the
proceedings shall be entitled to vote upon the adoption or denial of passage
of such ordinance.
The vote taken at such subsequent meeting shall not be subject to reconsideration,
notwithstanding that one or more members of the City Council who were not in
attendance at the public hearing have not voted upon the ordinance at such subsequent
meeting. (Ord. O-82-107 § 5, 1982).
1.20.050 Protest filed-Tabling to determine sufficiency.
If a protest is filed pursuant to Section 1.20.020 of the Lakewood Municipal
Code, and the sufficiency of such protest cannot be determined at or before
the duly scheduled public hearing thereon, the hearing may nevertheless be held
if six or more members of Council are present, but no vote shall be taken thereon
following such hearing, and the same shall be tabled for a vote thereon at the
next regularly scheduled meeting of the City Council, at which time the sufficiency
of the protest shall be determined, and the proceedings of Council with respect
thereto shall be as set forth in Section 1.20.030 or Section 1.20.040 of the
Lakewood Municipal Code, whichever is determined to be applicable. If an ordinance
is tabled to a subsequent meeting pursuant to the provisions of this section,
any member of Council who attended the public hearing and any member of Council
who has thereafter listened to the tape recording of the public hearing and
who has read the adoption of the proceedings shall be entitled to vote upon
the adoption or denial of passage of such ordinance, and shall be deemed to
have been in attendance at the time of consideration of the ordinance for the
purpose of determining the number of members of Council in attendance under
Section 1.20.030 or Section 1.20.040 of the Lakewood Municipal Code, whichever
is applicable. (Ord. O-82-107 § 6, 1982).
1.20.060 Subsequent votes.
It is declared to be the policy of the City Council that there shall not be
a subsequent vote of the City Council upon reconsideration of any such ordinance
after a vote of the Council upon adoption or denial or passage of the same,
except as provided in Section 1.20.030 or as provided in Chapter 2.25 of this
code relating to referendum. (Ord. O-82-107 § 7, 1982).
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