Imperial County Municipal Code Ch. 4 Zone Changes

The purpose of this chapter is to define and establish guidelines and procedures for the processing of a change of zone. The procedures shall be the same whether initiated by a property owner or by the county board of supervisors.

(Prior code § 90204.00)

Zoning is a separation of the unincorporated areas of the county into land use categories and the regulation of buildings and structures, according to their construction, and the nature and extent of their use, and the nature and extent of the use of land. The requirements for each zone are specified in Division 5, and are graphically depicted on the zoning maps in Division 25.

A "Change of Zone" is:

A. The classification, and/or the re-classification of the zoning of property; and/or

B. Changes in the permitted uses or regulations on property (either community-wide or by parcels or portions of a parcel) within particular land use categories.

(Prior code § 90204.01)

Any change of zone shall only be considered if it can be found consistent with the county's general plan.

The planning and development services department shall review every request for a change of zone before an application is deemed complete, and determine whether or not it is consistent with the general plan. If the requested change is not consistent with the general plan, the department shall in writing reject the application stating the reason(s) and possible alternatives, if any. Alternatives may include the filing of an application for a general plan amendment, or a specific plan.

The planning and development services department determination shall be final unless an appeal is filed to the planning commission within ten (10) days of receipt (certified mail) of departments determination. The planning commission shall have final decision on matters of consistency and no further appeal shall be allowed.

An application for a change of zone that is consistent with the general plan, or an application for a change of zone being processed concurrently with a general plan amendment or specific plan, shall be processed according to the procedures established herein.

(Ord. 1415 § 56, 2006)

A written application (form provided by the planning and development services department) for a change of zone shall be filed with the planning and development services department, accompanied by all pertinent supporting documentation and information which is clearly specified on the application and which, at a minimum, shall include the information required under Section 90104.00. The application shall be accompanied by the required fee(s).

All such applications shall be signed by the property owner(s) of record. The department shall not accept any change of zone application without a preliminary title report.

(Ord. 1415 § 58, 2006)

The planning director and/or his or her staff shall review every application and determine whether the proposed change of zone is consistent with the adopted general plan.

If the change of zone application is not consistent with the general plan, the application shall be rejected with reasons and any alternatives stated. In processing any application, staff shall prepare a full staff report including a recommendation based on planning principles, regulations in effect, and all legal requirements, before the planning commission may consider the project.

(Prior code § 90204.04)

The planning commission shall review and consider every application submitted by staff. The commission, following a public hearing on the matter, shall:

A. Recommend denial to the board of supervisors if it determines that the proposed zone change is not consistent with the general plan;

B. Recommend denial to the board of supervisors if it determines that the proposed zone change is not compatible with surrounding zoning, or is detrimental to the surrounding property (or the county in general) or represents incompatible land uses, or may cause substantial adverse environmental consequences;

C. Recommend approval of the proposed zone change to the board of supervisors;

D. Recommend a conditional zone change approval to the board of supervisors;

E. Continue the hearing to obtain additional information or documentation, or allow staff to complete specific documentation.

(Ord. 1415 § 60, 2006; prior code § 90204.05)

Since a change of zone is a legislative act and a discretionary function, only the board of supervisors shall have the authority to approve a change of zone by the enactment of an ordinance.

The board of supervisors shall not consider, review and approve or deny a change of zone unless it first receives a recommendation from the planning commission, including therewith a staff report.

(Prior code § 90204.06)

After acceptance of a completed application, and the completion of a staff report the planning commission shall conduct a public hearing on the requested zone change. The notice and scheduling for the hearing shall be pursuant to Section 90104.03(C). Upon forwarding an appeal to the board of supervisors, the planning and development services department shall schedule the hearing and provide notice as required by Section 90104.03(D).

The board of supervisors shall not consider, approve or deny a change of zone unless proper notice has been provided and a public hearing is conducted.

(Ord. 1415 § 62, 2006)

The board of supervisors shall have the following options:

A. Deny the zone change application, if it determines that the change of zone is not consistent with the general plan;

B. Deny the zone change application if it determines that the proposed change is not compatible with surrounding zoning, or is detrimental to the surrounding property (or the county in general), or represents incompatible land uses, or may cause substantial adverse environmental consequences;

C. Approve the change of zone as requested without conditions or modifications;

D. Approve the change of zone as a conditional change of zone by adopting specified conditions to be enforced through an agreement with the applicant. All such conditional change of zone shall not be effective until an agreement has been executed;

E. Continue the public hearing on the matter to a date/time certain for the purpose of having additional information made available to the board of supervisors;

F. Remand project back to planning commission for further study and recommendation.

(Prior code § 90204.08)

Upon approval by the board of supervisors the change of zone shall be codified by the clerk of the board of supervisors and shall take effect on the thirty-first day following the final approval by the board of supervisors.

(Prior code § 90204.09)

In approving a change of zone the board of supervisors may establish such conditions it determines necessary and/or appropriate.

The board of supervisors may include, but is not limited to, the following conditions:

A. Time limitation (both commencement and sundown);

B. Agreement to implement conditions or restrictions;

C. Limitation of use(s) beyond those established, or permitted in the zone;

D. Limitation to specific project;

E. Mitigation conditions.

(Prior code § 90204.10)

In order to maintain an accurate record of all changes authorized by the board of supervisors to the approved zone maps contained in Division 25, the following procedure shall be followed.

Amendments or changes to a zone map are each filed as an ordinance section with an accompanying map of the area affected. Each area so changed shall also be identified by a legal description and map.

(Prior code § 90204.11)