Biggs City Zoning Code
CHAPTER 14
40 ZONING AND TEXT AMENDMENTS
§ 14.40.010 Applicability.
The provisions of this chapter shall apply to the procedural requirements for the rezoning of property and amendments to the text of this title of the city code.
(Formerly 14.20.010; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.40.020 Zoning – Amendment of zoning maps.
The official zoning maps of the city may be amended in the manner prescribed herein by changing the boundaries of the districts whenever necessary or convenient to the public health, safety and general welfare.
(Formerly 14.20.020; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.40.030 Initiation of proceedings.
(1)
Zoning Map Changes. The inclusion of property in a zone or a proposed change of zone may be initiated by an application authorized by owners of all parcels proposed to be rezoned, or by resolution of the planning commission or city council.
(2)
Text Amendments. Amendments to the text of this title may be initiated by motion of the planning commission or city council.
(Formerly 14.20.030; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.40.040 Planning commission hearing.
(1)
The planning commission shall hold at least one public hearing on an application for rezoning or a proposed amendment to the text of this title.
(2)
Following the hearing, the commission shall consider the reports, recommendations and evidence presented and shall make a recommendation to the city council. The commission shall provide a written recommendation to the city council which includes reasons for the recommendation and the relationship of the amendment to applicable general and specific plans.
(3)
The provisions of this section relating to a hearing and recommendation by the planning commission on a proposed rezoning or text amendment of this title shall not apply to emergency ordinances adopted by the city council.
(4)
Before the planning commission makes its recommendation on an application for a change of zoning district applicable to a specific site or property or a change in the text of a land use regulation, it shall determine whether or not:
(a)
The proposed change is consistent with the policies, standards, and land uses specified in the general plan and any applicable specific plan;
(b)
The change proposed is consistent and compatible with the uses authorized in, and the regulations prescribed for, the zoning district for which it is proposed.
(Formerly 14.20.040; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.40.050 City council hearing.
(1)
Upon receipt of a recommendation from the city planning commission, the city council shall hold at least one public hearing on a proposed rezoning or amendment to the text of this title.
(2)
Following the hearing, the city council may approve or modify and approve the proposed zoning including approval of a portion of a rezone or amendment to the text of this title, by adoption of an ordinance, or the city council may disapprove the proposal. However, any substantial modification proposed by the city council not previously considered by the planning commission during its hearing shall first be referred to the planning commission for its recommendation. Failure of the planning commission to report within 45 days after the referral or within a time specified by the city council, shall be deemed a recommendation for approval.
(Formerly 14.20.050; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.40.060 Conditions.
The city council may approve a rezoning with conditions as it finds are reasonably related to the proposal and are necessary or convenient to achieve the purposes of this title and the general plan.
(Formerly 14.20.060; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.40.070 Prezoning.
Any unincorporated property within the city sphere of influence may be prezoned, consistent with the city's general plan designation for the property, for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The initiation and procedures for such prezoning shall be the same procedures which govern the rezoning of property within the city limits. Upon the effective date of annexation, the prezoning designation adopted pursuant to this section shall become the official zoning designation for such property and shall be so designated in the zoning maps of the city.
(Formerly 14.20.070; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)