§ 20.120.400. Zoning protests - Filing.

A.

The owner of any property within the protest line as defined in Section 20.120.410 or within the subject territory may file a formal protest against a proposed zoning, except when adoption is by urgency ordinance.

B.

Such protest must be filed in writing with the director no later than 5:00 p.m. on the fifth (5th) day before the date of the opening of the council's hearing on a proposed zoning ordinance.

C.

Each such protest shall set forth the following:

1.

The name and address of the protestant.

2.

The street address of the lot owned by the protestant or such other information as will enable the director to determine the boundaries and location of such lot.

3.

A statement of protestant's interest in such lot together with such evidence thereof as the protestant may wish to submit.

4.

The zoning of such lot owned by protestant.

5.

The protestant's reasons for protesting the proposed zoning of the subject property.

D.

Minor errors or omissions in the information set forth in such a protest petition may be waived by the city council. However, no such protest petition shall be deemed filed unless the following conditions are met:

1.

It is signed by one or more owners of an undivided interest of at least fifty-one percent (51%) in the lot or parcel for which such protest is filed, such interest being not merely an easement. A tenant under a lease which has a remaining term of ten years or longer shall be deemed an "owner" for purposes of this section.

2.

All signatures thereto are acknowledged.

3.

Where the owner of an eligible protest site is a legal entity other than a person or persons, the protest petition is signed by the duly authorized officer of such legal entity.

4.

Where such legal entity is a homeowners association, the protest petition is signed by the duly authorized officer of such association, or, in lieu thereof, by fifty-one percent (51%) of the members of such association.

(Ord. 26248.)