Chapter 9.84

ZONING ORDINANCE AMENDMENTS

Sections:

• 9.84.010 Purpose. 9.84.020 Application procedure. 9.84.030 Findings. 9.84.040 Notice of decision. 9.84.050 Appeals. 9.84.060 Life of permits and extensions of time. 9.84.070 Revocation. 9.84.080 Urgency zoning ordinance amendments. 9.84.090 Prezoning.

The purpose of this section is to provide a uniform procedure for amending the text of this title or the boundaries of the Zoning Map prescribed in this title. This title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure set forth in this chapter.

• A. Applications for amendment to this title shall be filed and processed pursuant to the applicable sections of Chapter 9.70.

• r. An amendment or change to the boundaries of a zone district on the Zoning Map or incorporation of a site into an Overlay zone (zone change) may only be filed by a property owner or authorized agent of land that is affected by the proposed amendment, or by the Director, City Council, or Planning Commission. If the subject property for which the amendment is proposed involves more than one property owner, all property owners or their authorized agents shall file the application.

• s. An amendment or change to the text of this title (text amendment) may only be initiated by the Director, City Council, or the Planning Commission. The Planning Commission may initiate such an amendment or change upon a written request to the Director with an application fee by an interested person.

• A. Before a zone change or text amendment may be approved, all the following findings shall be made by the reviewing authority identified in Chapter 9.70:

  1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title.

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2. The amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the community.

3. The amendment would maintain the appropriate balance of land uses within Avenal.

4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.

5. The proposed amendment will not have a significant impact on the environment.

• t. A zone change or text amendment may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

A notice of decision of a zone change or text amendment shall be processed consistent with Chapter 9.70.

A public hearing for a variance application shall be held in accordance with Chapter 9.70. 9.84.060

Appeals.

The decision of the City Council regarding a zone change or text amendment is final.

A zone change or text amendment is final upon its effective date and does not expire.

A zone change or text amendment may not be revoked except by filing a new application in accordance with Chapter 9.70.

To protect the public interest, health, safety, convenience, or welfare, the City Council may adopt an urgency zoning ordinance amendment limiting the use of property that may be in conflict with a general plan, specific plan, or zoning amendment that is being contemplated by the Planning Commission or City Council. The following regulations shall govern the procedures for an urgency zoning ordinance amendment.

• A. Adoption of an urgency zoning ordinance amendment shall require a four-fifths vote of the City Council.

• B. The urgency zoning ordinance amendment shall not be binding 45 days from its adoption except under the following conditions:

  1. Subject to a public hearing, the City Council may extend the urgency ordinance amendment for 10 months and 15 days.

  2. An urgency zoning ordinance amendment may be extended for an additional year, subject to a four-fifths vote by the City Council.

  3. Ten days prior to the expiration or extension of an urgency zoning ordinance amendment, the City Council shall issue a written report describing the measures being taken to alleviate the condition that led to the adoption of the urgency zoning ordinance amendment.

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Avenal may prezone unincorporated territory to delineate the zoning of the subject territory in the event of annexation to the city. The procedure for prezoning shall be consistent with the requirements outlined in this chapter.

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