Fowler Municipal Code Ch. 9.110 Zoning Code/Map Amendment

This Chapter establishes procedures for review of amendments to this Title. These include changes to the zoning map, or rezone, of this Title (Zoning Map Amendment) and/or amendments to or deletions from the text of this Title (Zoning Code Amendment).

A Zoning Code or Zoning Map Amendment is required for any amendment to a provision of this Title, including the adoption of new regulations or deletion of existing regulations, or any rezone or change of zone on the Zoning Map for any parcel(s).

A. Application Filing and Processing. Applications for a Zoning Code or Zoning Map Amendment shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Zoning Code or Zoning Map Amendment shall be reviewed and approved by the designated authority as follows:

A. Recommending Authority. The Planning Commission shall review and make recommendations, as appropriate, to the approving authority for an application for a Zoning Code or Zoning Map Amendment.

B. Approving Authority. The City Council is authorized to approve, deny, or, per Section 9.110.060 (Modifications by City Council) modify an application for a Zoning Code or Zoning Map Amendment.

The recommending authority shall hold a public hearing to make a recommendation on a Zoning Code or Zoning Map Amendment application. The recommendation shall be forwarded to the approving authority. The approving authority shall hold a public hearing prior to taking action on a Zoning Code or Zoning Map Amendment application. Public hearings shall be set and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving an application for a Zoning Code or Zoning Map Amendment, the City Council may make modifications to the proposal to ensure that the approval will comply with the required findings. Any substantial modification made to the proposed Zoning Code or Zoning Map Amendment that was not previously considered by the Planning Commission must be referred back to the Planning Commission for its recommendation unless the modification is more restrictive or reduces the area under consideration.

Prior to approving an application for a Zoning Code or Zoning Map Amendment, the approving authority shall make all the following findings, which shall be made by ordinance:

A. The Zoning Code or Zoning Map Amendment is consistent with the intent of the goals and policies of the General Plan.

B. The Zoning Code or Zoning Map Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.

C. The Zoning Code or Zoning Map Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.

D. The Zoning Code or Zoning Map Amendment ensures protection of the general health, safety, and welfare of the community.

Written Notice of Decision shall be provided in accordance with Section 9.30.070, subsection (G) (Notice of Decision).

Zoning Code or Zoning Map Amendments shall become effective on the 31 st day following the date of approval.

Actions taken by the City Council on an application for a Zoning Code or Zoning Map Amendment are final and are not subject to appeal.

Approved Zoning Code or Zoning Map Amendments do not expire.

No extensions of time are necessary as an approved Zoning Code or Zoning Map Amendment does not expire.

Any amendments affecting an approved Zoning Code or Zoning Map Amendment shall be handled as a new application.

A. Purpose. The purpose of prezoning is to establish the zone for unincorporated property within the sphere of influence, prior to annexation.

B. Review Process. The method of accomplishing prezoning shall be the same as for a Zoning Map Amendment.

C. Effective Date. Such prezoning shall become effective at the time annexation becomes effective, but not before the 31 st day following approval of the prezoning.