Chapter 11.40
AMENDMENTS AND UNCLASSIFIED USES
Sections:
11.40.010 Method of amendment.
11.40.020 Initiation of amendment.
11.40.030 Application for amendment or unclassified use permit.
11.40.040 Commission to hold hearings.
11.40.050 Commission to announce findings.
11.40.060 Notice of decision of approval.
11.40.070 Notice of decision denying application.
11.40.080 Finality of decision denying application--Appeal.
11.40.090 Transmission of records to council upon appeal.
11.40.100 Council to hold public hearings on commission actions and on appeals.
11.40.110 Adverse council decision referred to commission.
11.40.120 Council to announce findings and decisions by resolution.
11.40.130 Decision of council final.
11.40.140 Notice of decision of council.
11.40.010 Method of amendment.
Whenever public necessity, convenience and general welfare require, the boundaries of the zones established by this title, the classification of property uses therein or other provisions of this title may be amended as follows:
(1) By amending the zoning map.
(2) By granting an unclassified use permit.
(3) By revising the text of the title.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 824 § 2000, 2-8-60)
11.40.020 Initiation of amendment.
An amendment to this zoning code which amendment:
(1) Changes any property from one zone to another;
(2) Imposes any regulation that does any of the following:
(a) Regulate the use of buildings, structures and land as between industry, business, residences, open space, including agricultural, recreation, enjoyment of scenic beauty and use of natural resources and other purposes;
(b) Regulate signs and billboards;
(c) Regulate location, height, bulk, number of stories and size of buildings and structures; the size and use of lots, yards, courts and other open spaces; the percentage of a lot which may be occupied by a building or structure; the intensity of land use;
(d) Establish requirements for off-street parking and loading;
(e) Establish and maintain building setback lines;
(f) Create civic districts around civic centers, public parks, public buildings, or public grounds and establish regulations therefor; may be initiated by:
(1) The verified application of one or more owners of property which is proposed to be changed, reclassified, or for which an unclassified use permit is requested;
(2) By the adoption of a motion by the city council requesting the city planning commission to set a matter for hearing and recommendation;
(3) By the adoption of a motion by the planning commission; and when so initiated must comply with the procedural requirements of Sections 11.40.030 through 11.40.140. Any other proposed amendment to the zoning code including, but not limited to, revisions of text regarding procedural matters may be adopted and enacted as any other ordinance may be so adopted except that a copy of the report requesting said amendment along with a copy of the proposed amendment shall be distributed to the members of the city planning commission for their written comment fifteen days prior to final adoption of said amendment by the city council.
(Ord. 1590 § 2, 2-27-84: Ord. 1403 § 1 (part), 4-23-79: Ord. 824 § 2001, 2-8-60)
11.40.030 Application for amendment or unclassified use permit.
Whenever the owner of any land or building desires an amendment, supplement to, or change in the regulations prescribed for his property, or desires approval of an unclassified use permit, he shall file with the planning commission an application therefor, verified by him.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 824 § 2002, 2-8-60)
11.40.040 Commission to hold hearings.
Upon filing of a verified application for an amendment or for approval of an unclassified use permit, or upon the adoption of a motion by the city council or planning commission, the planning commission shall hold one public hearing thereon as required by the State Planning Law for the adoption of or amendments to, precise plans, and notice of such hearing shall be given as provided in Chapter 11.41.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 824 § 2003, 2-8-60)
11.40.050 Commission to announce findings.
The planning commission shall announce its findings by formal resolution not more than forty-five days following the hearings, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the commission, make the approval or denial of the application or denial of the application for amendment or unclassified use permit necessary to carry out the general purpose of this title, and shall recommend the adoption of the amendment or unclassified use permit by the city council, or deny the application.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 824 § 2004, 2-8-60)
11.40.060 Notice of decision of approval.
When the commission’s action is to recommend the adoption of the amendment, or the approval of an unclassified use permit, the commission shall, within fourteen days from the date of such action, notify the applicant by forwarding a copy of the resolution to the applicant at the address shown upon the application, and shall forward to the city council a copy of the resolution, together with the complete file in the case.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 824 § 2005, 2-8-60)
11.40.070 Notice of decision denying application.
If the action of the planning commission is to deny an application for an amendment, or a request for an unclassified use permit, the commission shall, within fourteen days from the date of adoption of its resolution, notify the applicant by forwarding a copy of the resolution to the address shown on the application.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 824 § 2006, 2-8-60)
11.40.080 Finality of decision denying application--Appeal.
The action of the planning commission in denying an application for an amendment, or a request for an unclassified use permit, shall be final and conclusive unless, within ten days following the date of notification to the applicant, an appeal in writing is filed with the city clerk.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 824 § 2007, 2-8-60)
11.40.090 Transmission of records to council upon appeal.
Upon receipt of a written appeal filed with the city council by the applicant or opponent, as provided in this chapter, the city clerk shall advise the secretary of the planning commission who shall transmit to said city clerk a copy of the planning commission’s record of the case.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 1001 § 2, 4-25-66: Ord. 824 § 2008, 2-8-60)
11.40.100 Council to hold public hearings on commission actions and on appeals.
Within not to exceed sixty days following receipt of the resolution from the planning commission recommending the adoption of the amendment, or approval of an unclassified use permit, or the filing of a written appeal from an order of the commission denying an application for an amendment or disapproving an unclassified use permit request, as provided in this chapter, the city council shall conduct a duly advertised public hearing on the matter, public notice of which shall be given as provided in Chapter 11.42.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 824 § 2009, 2-8-60)
11.40.110 Adverse council decision referred to commission.
If the city council proposes an action that is in any way contrary to the recommendations of the planning commission, the city council shall set forth its findings and proposed change or changes to the planning commission recommendation and the findings and proposed change or changes shall automatically be referred back to the planning commission and a further report requested of the planning commission on the matter.
In the event the city council is unable to agree upon its findings or the proposed change or changes, the matter shall automatically be referred back to the planning commission and a further report requested of the planning commission on the matter.
Failure of the planning commission to report to the city council within forty days after reference may be deemed to be approval by the planning commission of any proposed change.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 924 § 1, 9-23-63; Ord. 824 § 2010, 2-8-60)
11.40.120 Council to announce findings and decisions by resolution.
The city council shall announce its findings and decision by formal resolution not more than twenty days following the termination of proceedings of the hearings, or from receipt of a report from the planning commission when a matter has been referred back to the planning commission, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the city council, make the approval or denial of the application for the amendment or unclassified use permit, or appeal necessary to carry out the general purpose of this title.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 824 § 2011, 2-8-60)
11.40.130 Decision of council final.
The action by the city council on the application for an amendment, or an unclassified use permit, or an appeal, shall be by a three-fifths’ vote of the entire membership of the city council and shall be final and conclusive.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 1368 § 2, 2-27-78: Ord. 824 § 2012, 2-8-60)
11.40.140 Notice of decision of council.
Not later than seven days following the adoption by the city council of a resolution approving or denying amendment to this title, or an unclassified use permit request, or an appeal, one copy of such resolution shall be forwarded to the applicant at the address shown upon the application, and one copy shall be attached to the file in the case and the complete file returned to the planning commission for permanent filing.
(Ord. 1403 § 1 (part), 4-23-79: Ord. 824 § 2103, 2-8-60)