Chapter 18.140 AMENDMENTS

Chapter 18.140
AMENDMENTS

Sections:

18.140.010 Amendments to this title and FCC Title 17 and zoning map.

18.140.020 Petition for zone change or code amendment.

18.140.040 Hearings before the Planning Commission.

18.140.050 Action by Planning Commission.

18.140.010 Amendments to this title and FCC Title 17 and zoning map.

It may become desirable from time to time to amend the provisions of this title and FCC Title 17 or the zoning map. This title and FCC Title 17 should be constantly reviewed and improved upon to stay viable and useful to the City. Any amendment to this title and FCC Title 17 or the zoning map should be consistent with the direction of general plan and shall comply with state law. All amendments will be completed in the following manner:

1. Amendments. Amendments to the provisions of this title and FCC Title 17 may be initiated by the Planning Commission, City Council, an applicant for development approval, or member of the general public. Amendments may be initiated by, but are not necessarily limited to, the following reasons:

a. Allowing a use previously prohibited.

b. Prohibiting a use previously allowed.

c. Increasing or decreasing the density of the uses previously allowed.

d. Changing a permitted use to a conditional use.

e. Changing a conditional use to a permitted use.

f. Changing the zone of any property.

g. Procedural or regulatory changes, both minor and/or major.

h. Zone map amendments or modifications.

i. Repealing of any regulation or procedure.

j. Adding of any regulation or procedure.

k. Any other miscellaneous changes that may become necessary.

It should be noted that many amendments to the zoning map and development code may require an amendment to the general plan as well. If a petition would require changes to the general plan it should be so noted on the petition and the changes should be made concurrently. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.5, 1993.)

18.140.020 Petition for zone change or code amendment.

A petition to change the zoning of any land within Francis or to amend this code other than changing the zoning map shall be filed first with the Planning Department in a letter or on a form prescribed for that purpose. The form or letter shall contain a legal description of the land affected by the petition, and a statement of the petitioner’s interest in the land included within the petition. The petition shall indicate the current zone of the property and the zone desired or the proposed code amendment. The petition shall also indicate the reasoning for the change as well as the proposed use of the property. A fee will be established for acting on a petition for a zone change or code amendment as described in the current City fee resolution in effect at the time. The petition must also include all of the names and mailing addresses of property owners within a 600-foot radius of the property boundary under petition. The City, at the applicant’s expense, shall notify each of the property owners on the petition. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.5.3, 1993.)

18.140.040 Hearings before the Planning Commission.

The Planning Commission shall hold a public hearing on all petitions for zone change and code amendments and receive comments from citizens or property owners affected by the change. Notice of all zone change and code amendment hearings before the Planning Commission shall be given as set forth in FCC 18.05.060. The notice shall state generally the nature of the proposed amendment as outlined in FCC 18.140.010(1), the land affected, and the time, place, and date of the public hearing. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.5.4, 1993.)

18.140.050 Action by Planning Commission.

Following the hearing, the Planning Commission shall prepare a formal recommendation to be presented to the City Council regarding the petition. The recommendation shall be to approve, deny, or modify and approve the petition. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.5.5, 1993.)

18.140.060 Hearing before City Council.

The City Council shall hold a public hearing on the recommendation of the Planning Commission for all petitions for zone change and code amendments. Following the hearing, the Council shall approve, deny, or modify and approve the recommendation of the Planning Commission. The hearing may be continued, if necessary, without republication of notice. The recommendations of the Planning Commission are advisory only, and the Council may or may not adopt the recommendations of the Commission. Where the Council determines that a Planning Commission recommendation should be modified on issues not considered at a public hearing before the Commission, the Council may remand the recommendation back to the Commission for further review prior to taking final action. Council action on amendments to the zoning map or this title and FCC Title 17 require the affirmative vote of three or more City Council members. The Council may act on the petition at the time of the hearing or at subsequently scheduled meetings. (Ord. 2016-09 § 1, 2016; Ord. 66 § 1.5.6, 1993.)