This title may be amended as other ordinances are adopted or amended, except that regulations hereof may be amended by changing boundaries of zones, by changing property from one zone to another, by imposing regulations not heretofore imposed, and by removing or modifying adopted regulations wherever the public necessity, convenience or welfare require such amendment, in accordance with the following procedures.

An amendment may be initiated by one or more owners of property affected by the proposed amendment, as set out in the following section, or by action of the Planning Commission or the City Council.

The application of one or more property owners for the initiation of an amendment shall be filed in the office of the City Clerk on a form provided, and shall be accompanied by an accurate scale drawing of the site including contour lines, if amendment proposed is to change property from one zone to another, and other information as may be required to describe fully the proposed amendment. Fees must be paid in advance according to the City's current master fee schedule.

As soon as practicable following the filing of an initiation, or following the action of the Planning Commission, or of the City Council, taking into account the notice requirement of subsection E of this section, the matter shall be set for a public hearing before the Planning Commission.

Notice of the time and place of the hearing before the Planning Commission, including a general explanation of the matter to be considered and including a general explanation of the area affected, shall be given in accordance with Government Code Section 65854 and by posting in three public places in the City of Blue Lake at least 10 days prior to the hearing, including one public place in the area directly affected by the proceeding.

At the public hearing, the Planning Commission shall hear any person affected by the proposed amendment. The hearing may be continued from time to time.

After the hearing, the Planning Commission shall render its decision in the form of a written recommendation to the City Council. The recommendation shall include the reasons for the recommendation and the relationship of the proposed ordinance or amendment to applicable general and specific plans.

Upon receipt of the written report of the Planning Commission, the City Council shall set the matter for a public hearing; provided, however, as set forth in subsection I of this section.

If the matter under consideration is an amendment to a zoning ordinance to change property from one zone to another, and the Planning Commission has recommended against the adoption of such amendment, the City Council shall not be required to take any further action thereon, unless an interested party shall request such a hearing by filing a written request with the Clerk of the City Council within five days after the Planning Commission files its recommendations with the City Council.

Notice of the time and place of the hearing before the City Council, and including a general explanation of the matter to be considered and including a general explanation of the area affected, shall be given in accordance with Government Code Section 65856 and by posting in three public places in the City of Blue Lake at least 10 days prior to the hearing, including one public place in the area directly affected by the proceeding.

The City Council may approve, modify or disapprove the recommendation of the Planning Commission, provided, however, as set forth in subsection L of this section.

Any modification of the proposed ordinance or amendment by the City Council not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission is not required to hold a public hearing thereon. Failure of the Planning Commission to report within 40 days after the reference, or such longer period as may be designated by the City Council, shall be deemed to be approval of the proposed modification.

Reserved.

In the case of an application for combining a zone with a P-D Zone, the City Planning Commission may recommend the granting of the application as applied for in modified form only if, on the basis of the application and the evidence submitted, the Commission makes findings of fact that establish that the following circumstances apply.

In the case of an application for combining a zone with a P-D zone, the City Council may affirm, reverse, or modify a decision of the Commission recommending the granting or denial of the application, provided that if a decision recommending denying the application is reversed by the Council or a decision recommending granting the application is modified by the Council, the Council shall make, on the basis of the application and the evidence submitted, the findings prerequisite to recommending the granting of an application prescribed in this chapter.

A variance from the strict application of the terms of these regulations, other than regulations directly pertaining to the use of land and buildings which are not existing nonconforming uses, may be granted upon the finding of either:

Application for a variance shall be filed in the office of the Director of Public Works, upon a form provided, and shall be accompanied by an accurate scale drawing of the site and any adjacent property affected and such other information as may be required to describe fully the proposed variance. Fees must be paid in advance according to the City's current master fee schedule.

Subject only to the rules regarding the placing of matters on the Planning Commission agenda, the matter shall be set for a public hearing.

Notice of the time and place of the hearing shall be given pursuant to Government Code Section 65091 and by posting in three public places of the City of Blue Lake at least 10 days prior to the hearing, including one public place in the area directly affected by the proceeding.

At the public hearing, the Planning Commission shall hear any person affected by the proposed variance. The hearing may be continued from time to time, but shall be concluded within 60 days of the commencement thereof.

Following the conclusion of the hearing, the Planning Commission shall grant, conditionally grant, or deny the variance applied for. The grant of a variance may be made subject to terms and conditions attached thereto and made a part thereof. Appeals from actions of the Planning Commission shall be governed by Section 17.28.050.

Use permits may be granted, upon application to the Planning Commission for any use for which a use permit is permitted or required by these regulations, or for any use which, while not specifically enumerated in these regulations, is, in the opinion of the Planning Commission, similar to and compatible with the uses permitted in the zone in which the subject property is situated.

Application for a use permit shall be filed at the office of the Director of Public Works upon a form provided, and shall be accompanied by such information as may be required to describe fully the proposed use for which the permit is sought. Fees must be paid in advance according to the City's current master fee schedule.

The application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site.

Subject only to the rules regarding the placing of matters on the Planning Commission agenda, the matter shall be set for a public hearing.

Such hearing shall be conducted, and notice thereof shall be given, in the same manner as a hearing upon an application for a variance.

The City Planning Commission shall make the following findings before granting a use permit:

Following the conclusion of the hearing, the Planning Commission shall grant, conditionally grant, or deny the issuance of the use permit applied for. The granting of any use permit may be made subject to terms and conditions attached thereto and made a part thereof. Appeals from actions of the Planning Commission shall be governed by Section 17.28.050.

If a decision of the Planning Commission denying a use permit is reversed on appeal, or a decision granting a use permit is modified on appeal, the City Council on the basis of the record transmitted by the secretary and such additional evidence as may be submitted, shall make the findings requisite to the granting of such use permit.

A use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.

The purpose of this section shall be to provide recourse in the event that an appellant is aggrieved by any order, requirement, permit, decision, or determination made by an administrative official or by an administrative body in the administration or enforcement of this title.

All actions of the Blue Lake Planning Commission, the City Planner, and any administrative official or body which regulate the use or uses which may be made of any parcel or parcels of real property in the City of Blue Lake, including, but not limited to, decisions approving, conditionally approving, or denying any variance, use permit, site plan, home occupation permit, or determining compatibility of non-specified principal permitted uses, shall be in writing, shall be signed by the commission, official, or body taking the action, and shall be filed with the City Clerk as soon as practicable following the taking of the action. Such writing may be in the form of a resolution, a certified copy of minutes, an endorsement upon an application, map, or drawing, a written determination, or in such other form as may be prescribed from time to time by the City Council. Such action shall be final 10 days following filing with the City Clerk unless an appeal is taken pursuant to subsection D of this section. Any such action shall be taken not later than 364 days following the acceptance of the application for such action as complete; and in the event that no such action is taken within said 364-day period, the application shall be deemed to be denied and the denial filed with the City Clerk on the last day of the 364-day period.

Upon the filing of any action required to be in writing and filed with the City Clerk pursuant to subsection B of this section, the City Clerk shall make a reasonable effort to notify the applicant or person whose parcel or parcels of real property are affected by such action at the address such person has most recently delivered to the City Clerk; provided, however, that such person has the primary responsibility of inquiring with the City Clerk to see if such action has been filed, and the failure of the City Clerk to give such notice shall not enlarge nor extend the period within which an appeal may be filed as set forth in subsection D of this section.

Any person aggrieved by an action required to be in writing and filed with the City Clerk pursuant to subsection B of this section, including the City Manager, may appeal therefrom by filing a written notice of appeal with the City Clerk within 10 days following the filing of such action with the City Clerk, on a form prescribed by the City, and by paying an appeal fee at the time of filing such notice of appeal. The amount of the appeal fee shall be equal to the amount paid for the filing of the application for the action from which the appeal is taken; provided, however, that the appeal fee shall not be less than $25.00, nor more than $100.00; and provided further that the City Council may set a different appeal fee from time to time by resolution.

Unless otherwise provided by the City Council, all appeals from an action taken by the City Planner shall be heard by the Planning Commission, and all other appeals shall be heard by the City Council. The City Clerk shall forthwith set a time and place for the appeal to be heard within 30 days from and after the filing of the notice of appeal, or as soon thereafter as the matter can practicably be heard. The City Clerk shall immediately notify the custodian of records of the commission, official, or body from whose action an appeal has been taken of said appeal and request transmittal of pertinent records to the hearing body. Notice of the time and place of the hearing shall be given pursuant to Government Code Section 65091 and by posting in three public places of the City of Blue Lake at least 10 days prior to the hearing, including one public place in the area directly affected by the proceeding.

At the time set for the hearing of the appeal, the appellant shall be given an opportunity to show cause on the grounds specified in the notice of appeal why the action appealed from should be modified or reversed. The body hearing the appeal may continue the hearing from time to time. The body hearing the appeal may reverse, affirm, wholly or partly, modify, or set aside the action from which the appeal was taken. The decision of the body hearing the appeal, including findings, if any, shall be in writing and shall be filed with the City Clerk. The City Clerk shall notify the appellant of such decision and shall make a copy of the decision available to the appellant upon request. Any decision of the Planning Commission may be further appealed to the City Council pursuant to the provisions of this section. The findings and decision of the City Council on all appeals shall be final and conclusive in the matter.

Any use for which a use permit is required by these regulations shall be considered a nonconforming use until a use permit is obtained.

If any such use or building, after the effective date of the application of these regulations to the subject property is destroyed to the extent of 60% or more, then the subject property shall become subject to the regulations applicable to the subject property, and any subsequent use or buildings shall be in accordance with such regulations.

Any interruption of a nonconforming use, or the use of a nonconforming building which continues for six months or more, shall be deemed to be an abandonment of such use, and subsequent use or buildings shall be in accordance with the regulations applicable to the subject property.

Ordinary maintenance and repair may be made to any nonconforming use or building, in accordance with the latest edition of the Uniform Building Code.

Any outdoor advertising sign or outdoor advertising structure which exists as a nonconforming use in any zone district after January 1, 1974, shall continue as provided for nonconforming uses in this section, except that every such sign or structure shall be removed within a period of five years from and after January 1, 1974, notwithstanding any particular subsection of this section to the contrary.

No such use shall be enlarged, increased or extended to occupy a greater area, nor shall the intensity of such use be increased.

Premises in or upon which a nonconforming use existed on the effective date of the application of these regulations to the subject property, shall not thereafter be utilized for a further nonconforming use of a different character or nature unless and until a use permit is obtained for the successive nonconforming use.

Investigation. Whenever any use of land for which a variance, conditional use permit, or equivalent development permit is required by this title has been commenced without first obtaining the variance or permit, a special investigation shall be made before a variance or permit may be issued for the work.

Fee. An investigation fee, in addition to the variance or permit fee, shall be collected whether or not a variance or permit is then or subsequently issued. The investigation fee shall be equal to the amount of the variance or permit fee required by this title. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this title nor from any penalty prescribed by law.