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Bell City Zoning Code

CHAPTER 17

104 AMENDMENTS

§ 17.104.010 Amendment authority.

The provisions of this title, including, but not limited to, the classification of specific properties, shall be amended whenever the public interest and necessity so require.
(Prior code § 9285; Ord. 1129, 1997)

§ 17.104.020 Initiation of amendments.

Amendments to this title may be initiated in any of the following ways:
A. 
By motion of the city council; or
B. 
By motion of the commission; or
C. 
By the owner, or person in legal possession of any real property located within the city, or by any public agency having the power of eminent domain; or
D. 
By council action taken pursuant to Section 65858 of the Government Code.
(Prior code § 9286)

§ 17.104.030 Amendments initiated by property owners-Application.

The director shall prepare a suitable application form, entitled, "Request for Zone Change," and shall assist any applicant in preparing the request form. Any such application shall be accepted for filing by the director only upon the payment by the applicant of a filing and processing fee in a sum set by the council. Any applicant may, in writing, withdraw his or her request at any time during the processing of such request; provided, however, that there shall be no refund of any fees paid in connection therewith.
(Prior code § 9287)

§ 17.104.040 Public hearing-Notice.

A. 
The commission shall conduct a public hearing on proposed amendments in the manner set forth in the Government Code of the State of California. In addition to the notice requirements contained in said Government Code, the requirements of Section 17.96.110, relating to variances and conditional use permits, shall be met, if the request for amendment relates to specific properties.
B. 
The applicant, where mailings are required, shall supply the director with a list of the names of the property owners who own property within 300 feet of the external boundaries of the subject property, as set forth in Section 17.96.110.
(Prior code § 9288; Ord. 1214 § 33, 2016)

§ 17.104.050 Determination by commission.

A. 
After conducting a hearing on any proposed amendment, the commission shall take one of the following courses of action:
1. 
Recommend to the city council that the requested amendment be granted as requested; or
2. 
Recommend to the city council that the requested amendment be granted in part; or
3. 
Recommend to the city council that the requested amendment be denied.
B. 
The commission's action shall be by resolution, adopted by not less than a majority of its total voting members, which shall contain the facts upon which the determination was based. After the commission's recommendation is made pursuant to subsection A of this section, the entire matter shall be considered by the city council even if the recommendation is for denial.
(Prior code § 9289; Ord. 1214 § 34, 2016)

§ 17.104.060 City council hearing-Action.

Upon receipt by the city clerk of a commission recommendation regarding an amendment, the clerk shall give the same type of notice of hearing before the council, as is required by Government Code Section 65856. The council shall conduct a hearing and take action upon such matter.
(Prior code § 9291; Ord. 1129, 1997; Ord. 1214 § 35, 2016)