Chapter 15.135
Amendments to the Zoning Code

Sections:

15.135.010    Authorization to initiate amendments.

15.135.020    Procedure for taking action on amendments.

15.135.030    Record of amendments.

15.135.010 Authorization to initiate amendments.

An amendment to the text or the zoning map of this zoning code may be initiated by the City Council, by the Planning Commission, or by application of a property owner or his/her authorized agent. The Planning Commission shall, within 40 days after a hearing, recommend to the Council approval, disapproval or modification of the proposed amendment. [Ord. 504 § 9.010, 1980; 1981 Compilation § 8-5:9.010.]

15.135.020 Procedure for taking action on amendments.

A. Application and Fee. An application for amendment shall be filed with the City Administrator. The application shall be accompanied by a fee.

B. Planning Commission Public Hearing on an Amendment. Before taking action on a proposed amendment, the Planning Commission shall hold a public hearing. The Planning Commission may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposed amendment. Upon recessing for this purpose, the Commission shall announce the time and date when the hearing will be resumed.

C. Notice of Public Hearing. Notice of time and place of the public hearing before the Planning Commission and the purpose of the proposed amendment shall be given by the City Administrator in the following manner:

1. If an amendment to the zoning map including an area less than 10 acres is proposed, the notice shall be by two publications in a newspaper of general circulation in the City at least twice within the two weeks prior to the date of hearing. Notice shall be posted at City Hall, City library and the post office. Notice shall be mailed to owners of property within five days but not more than 20 days prior to public hearing. Notice shall be mailed to owners of property within lines parallel to and 300 feet from the exterior boundaries of the property involved, using for this purpose the names and addresses of the owners as shown upon the records of the County Assessor. Failure to send a notice to a person specified in this section or failure of a person to receive the notice shall not invalidate any proceedings in connection with the proposed change.

2. If an amendment to the text of this division or a change in zone of an area of 10 acres or more is proposed, the notice shall be by the publication in a newspaper of general circulation in the City once a week for three consecutive weeks prior to the hearing, in addition to posting the notice at City Hall, City library and the post office.

D. Criteria for Findings of Fact. Upon review of all pertinent information and public input the Planning Commission shall make findings which are based on the following criteria:

1. Consistency of the amendment with the applicable provisions and policies of the Comprehensive Plan.

2. Consistency of the amendment with the applicable provisions of this division and with the zoning map.

3. Consistency of the amendments with other City ordinances and plans.

E. Planning Commission Action. The Planning Commission shall make a recommendation on the proposed amendment which is based on the findings listed in subsection (D) of this section. The recommendation shall be submitted to the City Council for final action.

F. Hearing by Council. The Council shall hold a public hearing at which time the Council shall review the recommendation and findings of the Planning Commission and the record of the hearing. The Council shall then make a decision based on findings related to the criteria as listed in subsection (D) of this section. If the Council makes findings that the proposal is not in conformance with the above listed criteria the amendment shall not be approved. The Council may adopt the findings made by the Planning Commission or establish findings of its own. Notice of hearings before the Council shall be the same as the Planning Commission notice. The City Council may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposed amendment. [Ord. 504 § 9.020, 1980; 1981 Compilation § 8-5:9.020.]

15.135.030 Record of amendments.

The City Recorder shall maintain a record of amendments of the text and map of the ordinance codified in this division in a form convenient for the use of the public. [Ord. 504 § 9.030, 1980; 1981 Compilation § 8-5:9.030.]