Chapter 17.26
ZONING ORDINANCE AMENDMENTS
Sections:
17.26.020 Initiation of an amendment.
17.26.040 Planning commission decision.
17.26.050 City council hearing.
17.26.060 City council decision.
17.26.090 Urgency zoning ordinance amendments.
17.26.010 Purpose.
The purpose of this chapter is to establish procedures for the amendment of the Kerman zoning ordinance which includes text and maps. (Ord. 90-02 §2(part), 1990).
17.26.020 Initiation of an amendment.
An amendment to the Kerman zoning ordinance may be initiated by any of the following actions:
A. Council Resolution. The filing of a resolution of initiation by the city council with the planning commission.
B. Planning Commission Resolution. The adoption of a resolution of initiation by the planning commission.
C. Planner Action. The written action of the city planner filed in his or her office.
D. Application. The filing with the city planner of an application signed by one or more owners of record or their authorized agents, of property which is the subject of the proposed amendment. The names of all records owners of all land involved must be stated. (Ord. 19-05 §1, 2019: Ord. 90-02 §2(part), 1990).
17.26.030 Public hearing.
Whenever a public hearing is required to be set pursuant to this subsection, the city planner shall set a date for a public hearing on the amendment. Said public hearing shall be in accordance with the provisions specified in Chapter 17.10. (Ord. 19-05 §2, 2019: Ord. 90-02 §2(part), 1990).
17.26.040 Planning commission decision.
A. After the close of the public hearing, the planning commission shall make a decision on the proposed amendment. The hearing may be continued by the majority of commission members present. Prior to the conclusion of the meeting in which the proposed amendment is being considered, the presiding commissioner shall announce the time and place to which the hearing is to be continued. No further public notice shall be required.
B. The planning department shall transmit a resolution to the city council containing the planning commission’s recommendation and their findings. Findings outlined in the resolution shall refer to the project’s consistency with the general plan, its impact on the health, safety and welfare of the community, and its potential impact on the environment.
C. If the planning commission recommends denial of the amendment, the decision may be appealed to the city council in accordance with the provisions specified in Chapter 17.22. Failure to appeal said recommendation shall make the decision of the planning commission final.
D. Within ten days of adopting a resolution on an amendment, the commission shall transmit a copy of its resolution to the applicant. (Ord. 90-02 §2(part), 1990).
17.26.050 City council hearing.
Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing consistent with the provisions specified in Chapter 17.10. If the proposed amendment changes property from one zone to another, and the planning commission has recommended against the adoption of said amendment, the city council need not take any action, unless an interested party appeals the decision within five working days after the planning commission action. (Ord. 90-02 §2(part), 1990).
17.26.060 City council decision.
Following a public hearing, the city council may approve, modify or deny the recommendation of the planning commission. If the city council favors approval of the proposed, amendment, it shall initiate proceedings to adopt an ordinance that amends the existing zoning ordinance.
A. Any modification of the proposed amendment by the city council not previously considered by the planning commission during its hearing, shall be referred back to the planning commission for its report and recommendation. The planning commission shall not be required to hold a public hearing on the referral. Failure of the planning commission to report within forty days after the referral shall cause the modified proposal to be approved. (Ord. 90-02 §2(part), 1990).
17.26.070 New application.
Following the denial of an amendment, no application for the same or substantially the same amendment shall be filed with the city within one year from the date a final decision was rendered, unless the denial action was without prejudice. (Ord. 90-02 §2(part), 1990).
17.26.080 Mapping.
Within thirty working days of a zoning ordinance amendment which reclassifies property from one district to another, the city planner shall indicate the change on the official zoning maps. (Ord. 90-02 §2(part), 1990).
17.26.090 Urgency zoning ordinance amendments.
A. The city council, to protect the public health, safety and welfare, may adopt an urgency zoning ordinance amendment prohibiting any use which may be in conflict with a contemplated general, specific or zoning plan which the planning commission or city council is considering or studying or intends to study within a reasonable time.
B. Adoption of an urgency zoning ordinance amendment shall require a four-fifths vote of the city council.
C. The urgency ordinance shall be of no further force and effect forty-five days from its date of adoption.
D. Subject to a public hearing, the city council may extend the urgency ordinance amendment for ten months and fifteen days and subsequently extend the urgency ordinance for one year. Any such extension will also require a four-fifths vote of the city council.
E. The city council shall not adopt or extend any urgency ordinance amendment unless the ordinance contains a finding that the approval of additional subdivisions or planning and building permits would result in a threat to public health, safety or welfare.
F. Ten days prior to the expiration of an urgency ordinance or any extension, the city council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. (Ord. 90-02 §2(part), 1990).
17.26.100 Prezoning.
Property annexing to the city shall be prezoned in a manner specified in this chapter. Such zoning shall become effective at the time the annexation becomes effective. (Ord. 90-02 §2(part), 1990).