Chapter 12.136 — ZONING MAP AND TEXT AMENDMENTS

• A. Except as otherwise provided in this chapter, any amendment to this article and/or the zoning map shall be adopted as other ordinances are adopted.

• B. Any amendment to this article and/or the zoning map which changes any property from one district or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation shall be initiated and adopted as follows:

  1. By the city council;

  2. By the planning commission;

  3. By application by one or more record owners of property which is a subject of the proposed amendment, or their authorized agent. An application for an amendment shall be on a form designed by the planning commission and shall be accompanied by a fee set by the city council;

4. By the community development director.

(Prior code § 27-17.1; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)

Upon initiation of an amendment the secretary of the planning commission shall set a date for a public hearing thereon, but not later than sixty days after such amendment is initiated. The planning commission shall give notice of the time and place of such hearing, and the purpose thereof, in the manner designated in Section 12.132.020 .

(Prior code § 27-17.2; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)

After the close of the public hearing or continuations thereof, the planning commission shall make a report of its findings and its recommendations with respect to the proposed amendment. The commission report shall include a list of persons who testified at the hearing, a summary of facts adduced at the hearing, the findings of the commission, and copies of any maps or other data or documentary evidence submitted in connection with the proposed amendment. A copy of such report and recommendation shall be transmitted to the city council within ninety days after the first notice of hearing thereon; provided, however, if the procedure was initiated by an application, such time may be extended with the consent of the applicant. In the event the planning commission fails to report to the city council within the aforesaid ninety days or within the agreed extension of time, the amendment shall be deemed approved by the planning commission. The recommendations of the planning commission or proposed amendments shall be adopted by a majority vote of the voting members thereof. No recommendation for amendment shall be made unless the commission finds that said amendment is in general conformance with the general plan and that the public necessity, convenience and general welfare require adoption of the proposed amendment. (Prior code § 27-17.3; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)

Upon receipt of the recommendation of the planning commission or upon expiration of the aforesaid ninety days or agreed-upon extended period, the city council shall hold a public hearing thereon, giving notice thereof as provided in Chapter 12.132 . If the matter under consideration is an amendment that would change property from one district to another, and the planning commission has recommended against the adoption of such amendment, the city council shall not be required to take further action unless the action of the planning commission is appealed. After the conclusion of such hearing, the city council may, within one year, adopt by ordinance the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the council deems desirable.

(Prior code § 27-17.4; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)

The city may prezone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such prezoning shall be as provided in this chapter for zoning within the city. Such prezoning shall become effective at the same time that the annexation becomes effective. (Prior code § 27-17.5; Ord. 1410 § 1, 1982)