As the General Plan is put into effect over time, there will be a need for changes in district boundaries and other regulations of this Title. As the General Plan is reviewed and revised periodically, other changes in the regulations of this Title may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this Chapter. (Ord. 527, 8-4-1997)

   A.   A change in the boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed, or the authorized agent of the owner, as prescribed in Section 11-25-3 of this Title.

   B.   A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision may be initiated by resolution of the Planning Commission, or by action of the City Council in the form of a request to the Commission that it consider a proposed change, provided that in either case the procedure prescribed in Sections 11-25-4, 11-25-8, and 11-25-10 of this Title shall be followed. (Ord. 527, 8-4-1997)

   A.   A property owner or his authorized agent desiring to propose a change in the boundaries of the district in which the property is located, may file an application with the Planning Department for a change of district boundaries on a form which shall include the following data:

      1.   Name and address of the applicant.

      2.   Statement that the applicant is the owner of the property for which the change in district boundaries is proposed, or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved.

      3.   Address and description of the property.

   B.   The application shall be accompanied by a drawing of the site and the surrounding area for a distance of at least three hundred feet (300') from each boundary of the site, showing the location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing, as shown on the latest adopted tax roll of the County of Kings. Assessor's maps may be used for this purpose.

   C.   The application shall be accompanied by a fee set by a resolution of the City Council.

   D.   Amendments required as the result of General Plan amendments initiated by the Planning Commission or City Council shall be processed at the expense of the City. (Ord. 527, 8-4-1997)

   A.   The Planning Commission shall hold a public hearing on each application for a change in district boundaries or of a district regulation of this Title within forty five (45) days of the date when the application was filed or the proposal was initiated and is deemed to be complete by the Planning Director.

   B.   Notice of a public hearing shall be given not less than ten (10) days prior to the date of the public hearing by: 1) publication of a notice of the time and place of the hearing in a newspaper of general circulation, published and circulated within the City; 2) first class mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the property owner's list submitted under the provisions of Section 11-24-3 of this Title; and 3) first class mailing, postage prepaid, a notice of the time and place of the hearing to any person who has filed a written request therefor, with the Planning Commission. Such request may be submitted at any time during the calendar year and shall apply to the balance of such year. (Ord. 527, 8-4-1997)

   A.   At the public hearing, the Planning Commission shall review the application or the proposal and may receive pertinent evidence and testimony as to why and how the proposed change is necessary to achieve the objectives of this Title prescribed in Section 11-1-2 of this Title, or how or why the proposed change is consistent with the General Plan and the stated purposes and application intended for the zone classification proposed.

   B.   The Commission may review proposals for the use of the property for which a change in district boundaries is proposed or plans or drawings showing proposed structures or other improvements, in light of the fact that under the provisions of this Title, a change in district boundaries cannot be made conditionally, except as provided in Section 11-25-9 of this Chapter, and the owner of the property is bound only to comply with the regulations prescribed in this Title. (Ord. 527, 8-4-1997)

The Planning Director shall make an investigation of the application and shall prepare a report thereon, which shall be submitted to the Planning Commission, including a recommendation as to the action to be taken by the Commission and a statement supporting such recommendation. (Ord. 527, 8-4-1997)

Within thirty (30) days following the completion of the public hearing, the Planning Commission shall make a specific finding in writing as to whether the change is required to achieve the objectives of this Title prescribed in Section 11-1-2 of this Title and whether the change would be consistent with the General Plan and the purposes and intended application of the zone classification proposed. The Commission shall transmit a report to the City Council recommending that the application be granted or denied, including a written statement of the reasons for the recommendation, together with one copy of the application, resolution of the Commission or request of the City Council, the scale drawing of the site and the surrounding area and all other data filed therewith, the minutes of the public hearing, the report of the Planning Director and the findings of the Commission. (Ord. 527, 8-4-1997)

   A.   Upon receipt of the resolution or report of the Planning Commission, the City Council shall schedule and advertise a public hearing to be conducted within forty five (45) days of such request; provided however, that if the matter under consideration is an amendment to change property from one district classification to another, and the Planning Commission has recommended against the adoption of such amendment, the City Council need not take any further action thereon unless an interested party shall request such a hearing by filing a written request with the City Clerk within five (5) days after the Planning Commission files its recommendations with the City Council.

   B.   Notice of the time and place of said hearing shall be given in the time and manner provided under Section 11-25-5 of this Chapter.

   C.   The City Council, after the close of the public hearing, shall make specific written findings as to whether the amendment is required in order to achieve the objectives of this Title prescribed in Section 11-1-2 of this Title and, when applicable, whether the amendment would be consistent with the General Plan and the purposes and application intended for the zoning district classification proposed.

   D.   The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, however, that any modification shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a hearing thereon. Failure of the Planning Commission to report within thirty (30) days of the reference, or such longer period as may be designated by the City Council, shall be deemed to be approval of the proposed modification.

   E.   If the Council finds that the proposed change is required, in its original or modified form, it shall enact a code amending the regulations of this Title, or grant a special zoning exception as prescribed in Section 11-25-9 of this Chapter. If the Council finds that a change is not required, it shall deny the application or proposal for change. (Ord. 527, 8-4-1997)

   A.   Whenever an application is filed with the Planning Commission for a change in district boundaries, the Planning Commission or City Council, in lieu of granting or denying said application, may grant to the applicant a special zoning exception by resolution which will permit said applicant (or his assignee) to develop or use said property in accordance with said application and the provisions of this Section.

   B.   Before a special zoning exception may be granted by the Planning Commission or City Council, the Commission or Council may require the applicant to submit additional information relative to his or her proposal in the manner required in the filing of an application for a conditional use permit under the provisions of Chapter 19 of this Title. In any event, the provisions of Sections 11-25-1 through 11-25-8 of this Chapter and Sections 11-25-10 and 11-25-11 of this Chapter shall apply in addition to the provisions of this Section. In filing an application, the applicant may request that the application be considered as a request for a special zoning exception.

   C.   The Planning Commission or City Council may grant a special zoning exception subject to any of the conditions prescribed in Section 11-19-8 of this Title and in accordance with the provisions of Sections 11-24-10 through 11-24-12 and Chapter 19 of this Title.

   D.   Upon being granted a special zoning exception by the City Council, the applicant shall develop his property in accordance with approved plans and conditions imposed under the provisions of this Section.

   E.   Upon the development and use of property in accordance with the provisions of subsection C of this Section, the district or part thereof for which the special zoning exception was granted, shall be thereon rezoned, altered, amended and established in accordance with the original application, or as set forth in the order of the City Council made at the time said zoning exception was granted. (Ord. 527, 8-4-1997)

A change in a district boundary shall be indicated on the Zone Plan with a notation of the date and number of the ordinance amending the plan. (Ord. 527, 8-4-1997)

Following the denial of an application for a change in district boundary, no application for the same or substantially the same change shall be filed within six (6) months of the date of denial of the application. (Ord. 527, 8-4-1997)