Holtville City Zoning Code
Division VI
ADMINISTRATION OF ZONING ORDINANCE
§ 17.60.010 Intent.
A.
Uses permitted subject to a conditional use permit are those uses necessary for the development of community, having inherent qualities or characteristics which, unless provided for, would cause such uses to be incompatible or inharmonious with adjacent or nearby permitted uses. The procedures identified in this chapter are intended to provide means whereby the planning commission may modify such uses to the extent that such uses can be made compatible and harmonious with adjacent uses. In granting a conditional use permit, the planning commission may allow deviations from the yard, wall and fence, height and lot size regulations of the zone. This flexibility is intended to provide necessary means by which certain land uses can be designed and arranged in accord with existing conditions of the neighborhood, site, topographic and street conditions, as well as the use of various design concepts.
B.
The procedures identified in this chapter are further intended to control conditions of certain uses in the various zones.
(Ord. 441 § 1, 2000)
§ 17.60.020 Uses permitted subject to a conditional use permit.
Uses permitted include only those listed or described in the "conditional uses" portion of the various zones.
(Ord. 441 § 1, 2000)
§ 17.60.030 Application.
A.
As depicted on Figure 17.60-1 at the end of this chapter, application for a conditional use permit may be made by a property owner or his authorized agent upon forms provided by the city clerk and giving such information as may be prescribed by the secretary of the planning commission. At this time, the application will be reviewed for completeness by the city clerk based on the following guidelines.
B.
If application is deemed incomplete, the application is returned to the applicant. If application is deemed complete, the city clerk shall accept the application.
1.
Every application for a conditional use permit shall be accompanied by a drawing or plot plan, drawn to scale and showing the lot and building site or sites, the proposed locations of the building or buildings on the lot, accurate dimensions of the buildings, of the yards and of the lots, and such other information as may be necessary to provide for the enforcement of these regulations or the intelligent consideration of the conditional use permit request.
2.
Environmental documentation as described in Chapter 17.12 HMC shall be prepared.
(Ord. 441 § 1, 2000)
§ 17.60.040 Filing fee.
As depicted on Figure 17.60-1, the city clerk shall charge and collect a filing fee for such application, as determined by resolution of the city council.
(Ord. 441 § 1, 2000)
§ 17.60.050 Public notice and planning commission hearing.
A.
Upon receipt of the application in proper form, the city clerk shall place the item on the planning commission's agenda for public hearing not more than 30 days after the date the application is determined to be complete.
B.
Notice of public hearing shall be given for the time and in the manner as established by resolution of the city council, which shall be either:
1.
By mailing said notice postage prepaid at least 10 days prior to the public hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the exterior boundaries of the applicant's property; or
2.
By publication of said notice in an official newspaper of the city and by posting of said notice in a conspicuous place on or close to the property at least 10 days prior to the hearing.
(Ord. 441 § 1, 2000)
§ 17.60.060 Planning commission consideration and findings.
A.
Within 30 days after the conclusion of the public hearing, the planning commission shall approve, conditionally approve, or deny the conditional use permit application. Notice of the action taken shall be mailed to the applicant.
B.
The planning commission, in approving a conditional use permit, shall by resolution adopted by an affirmative vote of not less than the majority of all its voting members find as follows:
1.
That the site for the proposed use is adequate in size and topography to accommodate said use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly adjust such use with the land and uses in the vicinity;
2.
That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
3.
That the proposed use will have no adverse effect upon abutting property;
4.
That the conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to:
a.
Regulation of use;
b.
Special yards, spaces and buffers;
c.
Special fences, solid fences and walls;
d.
Surfacing of parking areas;
e.
Requiring street, service road or alley dedications and improvements or appropriate bonds;
f.
Regulation of points of vehicular ingress and egress;
g.
Regulation of signs;
h.
Requiring maintenance of the grounds;
i.
Regulating noise, vibration and odors;
j.
Regulation of hours for certain activities;
k.
Time period within which the proposed use shall be developed;
l.
Duration of use;
m.
Requiring the dedication of access rights; and
n.
Other such conditions as will make possible the development of the city in an orderly manner;
5.
The planning commission shall, in addition to any special conditions, impose the following general conditions upon every conditional use permit granted:
a.
The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure;
b.
All of the special conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his successors or assigns;
c.
All of the special conditions shall be consented to in writing by the applicant; and
d.
The resolution granting the application, together with all consent forms, shall be recorded by the recorder of Imperial County.
(Ord. 441 § 1, 2000)
§ 17.60.070 Appeal – Procedure.
A.
As depicted on Figure 17.60-1 provided at the end of this chapter, a written appeal may be taken to the city council by the applicant for conditional use permit or by any person, firm, corporation, group or association owning real property within 300 feet of conditional use applicant's property, aggrieved or affected by the decision of the planning commission with respect to any applicant.
B.
Such appeals shall be filed in duplicate with the city clerk within 10 days from the date of action by the planning commission or from the expiration of the 30-day period described in HMC § 17.60.060.
C.
The appeal shall specifically state the grounds for the appeal and how the planning commission failed to conform to the requirements of these regulations.
D.
Before accepting an appeal, the city clerk shall charge and collect a fee as determined by resolution of the city council.
E.
The city clerk shall immediately transmit one copy of said appeal to the building inspector, who shall inspect the appeal for defects and validate said appeal within 48 hours of receipt. If said appeal is defective for any reason, the building inspector shall send immediate notice to the applicant of the fact and the type and nature of said defect or defects.
(Ord. 441 § 1, 2000)
§ 17.60.080 Appeal – Decision.
The city council may by resolution reverse or affirm, wholly or in part, or may modify any decision, determination or requirement of the planning commission, but before doing so, the city council must set the matter for hearing, give notice of such hearing as is provided in HMC § 17.60.050, and must make a written finding of fact stating where the planning commission's findings were in error. A majority vote of the city council shall be required to grant in whole or in part any appealed application for a conditional use permit which was denied by the planning commission.
(Ord. 441 § 1, 2000)
§ 17.60.090 Revocation.
A.
The planning commission may, by resolution and after public hearing with notice in accordance with HMC § 17.60.050, revoke any conditional use permit for noncompliance with any of the conditions set forth in the resolution granting the application. Written notice of intention to revoke shall be mailed to the applicant not less than 30 days before the planning commission action. Said revocation may be appealed in the manner provided in HMC § 17.60.070. Similarly, if the circumstances surrounding the granting of a conditional use permit have substantially changed, the planning commission may, on a vote of not less than four-fifths of its members, revoke any conditional use permit.
B.
If an established time limit for development expires, or if a time limit for the duration of the continuation of the use has been established as one of the conditions, said permit shall be revoked upon such date of expiration without any notification of the owners thereof.
C.
The revocation of the conditional use permit shall have the effect of denying all rights granted by the conditional use permit.
 |
(Ord. 441 § 1, 2000)
§ 17.62.010 Intent.
When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of these regulations occur through the strict application of the provisions of this title to a parcel or group of parcels affected by a common problem, the planning commission shall have the power to grant, upon such terms and conditions as it deems necessary and proper, variances from the strict provisions of these regulations. A variance shall not be granted to permit a use not permitted in the zone by the provisions of this title.
(Ord. 441 § 1, 2000)
§ 17.62.020 Granting – Conditions necessary.
The planning commission, before it may grant a variance, shall make a finding that, in the evidence presented, all four of the following conditions exist in reference to the property being considered:
A.
Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of this title would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification;
B.
Any variance granted shall be subject to such conditions as will assure that the adjustment authorized by the planning commission shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated;
C.
The granting of the variance will not be materially detrimental to the public health, safety, convenience or welfare, or injurious to property and improvements in the same vicinity and zone in which the project is located; and
D.
The granting of such variance will not adversely affect the general plan adopted by the city.
(Ord. 441 § 1, 2000)
§ 17.62.030 Application – Contents.
A.
Applications for variances shall be filed by the owner, his authorized agent, or a lessee, upon forms provided by the city clerk. Applications shall set forth and state fully the reasons and grounds for the variance and shall contain such information as the planning commission prescribes. The application shall be reviewed for completeness by the city clerk based on the following guidelines:
1.
Every application for a variance shall be accompanied by a drawing or plot plan, drawn to scale and showing the lot and building site or sites, the proposed locations of the building or buildings on the lot, accurate dimensions of the buildings, of the yards and of the lot, and such other information as may be necessary to provide for the enforcement of these regulations or the intelligent consideration of the variance request.
2.
Environmental documentation as described in Chapter 17.12 HMC shall be prepared.
B.
As depicted in Figure 17.62-1 provided at the end of this chapter, if application is deemed incomplete, the application is returned to the applicant. If application is deemed complete, the city clerk shall accept the application.
(Ord. 441 § 1, 2000)
§ 17.62.040 Application – Filing fee.
Before accepting an application for a variance, the city clerk shall charge and collect a filing fee. Such fee shall be established by a resolution of the city council.
(Ord. 441 § 1, 2000)
§ 17.62.050 Hearing – Notice.
A.
As depicted in Figure 17.62-1 provided at the end of this chapter, upon receipt of the application in proper form, the city clerk shall place the item on the planning commission's agenda for public hearing not more than 30 days after the date the application is determined to be complete.
B.
Notice of public hearing shall be given for the time and in the manner as established by resolution of the city council, which shall be either:
1.
By mailing said notice postage prepaid at least five days prior to the public hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the exterior boundaries of the applicant's property; or
2.
By publication of said notice in an official newspaper of the city and by posting of said notice in a conspicuous place on or close to the property at least 10 days prior to the hearing.
(Ord. 441 § 1, 2000)
§ 17.62.060 Hearing – Planning commission authority.
The planning commission shall, on the date set, hold the public hearing upon the application for variance.
(Ord. 441 § 1, 2000)
§ 17.62.070 Hearing – Decision – Planning commission authority.
As depicted in Figure 17.62-1 provided at the end of this chapter, from the facts presented with the application at the public hearing, the planning commission may grant the requested variance in whole or in part, with or without conditions, as specified in HMC § 17.62.110. If the findings cannot be made, such application shall be denied.
(Ord. 441 § 1, 2000)
§ 17.62.080 Hearing – Decision – Majority of the commission.
Every action or decision of the planning commission authorizing a variance from the regulations established in this title shall be by resolution adopted by a majority of its membership.
(Ord. 441 § 1, 2000)
§ 17.62.090 Decision – Time limit – Failure to act deemed a denial.
The planning commission shall make its findings and determinations within 30 days from the date of the closing of the hearing of such application and shall within 10 days of its decision mail a notice of its decision to the applicant. The 30-day period may be extended at the request of or with the consent and approval of the applicant. The planning commission's decision shall be final unless appealed to the city council. The failure of the planning commission to make its findings and determination within the time limit as provided in this chapter or any approved extension shall constitute a denial of such variance by the planning commission as of the last day when the planning commission could have acted upon the application.
(Ord. 441 § 1, 2000)
§ 17.62.100 Effective date.
No variance granted or authorized by the planning commission as provided in this chapter shall become effective until after an elapsed period of 10 days from the date of the action authorizing such a variance.
(Ord. 441 § 1, 2000)
§ 17.62.110 Conditions.
The following conditions of a variance may be imposed:
A.
The planning commission, in approving a variance, may set forth in its decision reasonable terms and conditions that it deems necessary to protect the health, safety, and welfare of the community, and to ensure the intent and purposes of these regulations; and
B.
Every variance granted as authorized by this section shall be conditioned upon its privileges being utilized within 180 days after the effective date of the said variance; after such time any privileges shall become null and void, unless the planning commission, in its discretion and with the consent or upon the request of the applicant for any cause, grants a reasonable extension of time. Where the privileges granted involve some form of construction work and such construction has not commenced within the 180-day period due to delays caused by the building inspector in approving plans, the planning commission may also grant a reasonable extension of time. Requests for extension shall be filed with the city clerk prior to the expiration of the 180-day time limit.
(Ord. 441 § 1, 2000)
§ 17.62.120 Appeal – Procedure.
A.
As depicted in Figure 17.62-1 provided at the end of this chapter, a written appeal may be taken to the city council by the applicant for variance or by any person, firm, corporation, group or association owning real property within 300 feet of variance applicant's property, aggrieved or affected by the decision of the planning commission with respect to any applicant, within the 30-day limit mentioned in HMC § 17.62.090.
B.
Such appeals shall be filed in duplicate with the city clerk within 10 days from the date of action by the planning commission or from the expiration of the 30-day period described in HMC § 17.62.090.
C.
The appeal shall specifically state the grounds for the appeal and how the planning commission failed to conform to the requirements of these regulations.
D.
Before accepting an appeal, the city clerk shall charge and collect a fee as determined by resolution of the city council.
E.
The city clerk shall immediately transmit one copy of said appeal to the secretary of the planning commission, and if the appeal has been made by someone other than the applicant, one to applicant.
F.
Said appeal stays all proceedings in action appealed from until the determination of said appeal as provided in this section.
G.
Upon receipt of the appeal, the secretary of the planning commission within 10 days, or by the next regular city council meeting, shall transmit to the city council the original petition and copies of all other papers constituting the record upon which the action appealed from was taken, together with a written report disclosing in which respects the petition for variance and facts offered in support of the action met or failed to meet the qualifications set forth in HMC § 17.62.060 through § 17.62.110.
H.
The city clerk shall place the item on the agenda for city council hearing, which hearing shall not be less than 10 days nor more than 30 days from the date of the receipt of the appeal. The city clerk shall give notice of such hearing in the manner prescribed in HMC § 17.62.050.
I.
An appeal may be withdrawn at any time prior to the date and time of noticing the public hearing.
(Ord. 441 § 1, 2000)
§ 17.62.130 Appeal – Decision.
As depicted in Figure 17.62-1 provided at the end of this chapter, the city council may by resolution reverse, wholly or partly, or may modify any decision, determination or requirement of the planning commission. In doing so, the city council must make a written finding of fact setting forth where the planning commission's findings were in error and where the property or particular use involved meets or fails to meet the qualifications set forth in HMC § 17.62.060 through § 17.62.110. Failure of the city council to reverse or modify the decision of the planning commission within 15 days of the date of the closing of the hearing shall constitute affirmation of the planning commission's decision. A majority vote of the whole of the city council shall be required to grant in whole or in part any appealed petition which was denied by the planning commission.
(Ord. 441 § 1, 2000)
§ 17.62.140 Revocation.
A.
The revocation of a variance shall have the effect of denying all privileges granted by the variance.
B.
The city council, with or without a recommendation from the planning commission, may by resolution and after a public hearing with notice in accordance with HMC § 17.62.050 revoke any variance for noncompliance with the conditions set forth in granting such variance. Written notices of intention to revoke shall be mailed to the owners of the property and the occupant of the property not less than 30 days before the city council's action in the revocation of the variance.
C.
If at any time where a variance has been granted, it comes to the attention of the planning commission that erroneous facts or information were presented by the applicant and considered by the planning commission in the granting of said variance, the planning commission shall hold a hearing regarding the said variance. The persons affected by the variance shall be notified of the hearing. If from the evidence presented to the planning commission that erroneous information was in fact presented by the applicant and considered by the planning commission, and that said information naturally affected the decision and judgment of the planning commission in granting the variance, or did materially affect the purpose and intent of the variance, then the planning commission shall recommend to the city council that the variance be revoked. Upon the receipt of such recommendation, the city council may revoke the variance in accordance with subsection B of this section.
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(Ord. 441 § 1, 2000)
§ 17.63.010 Purpose and intent.
The purpose of design review is to provide a process for promoting the orderly and harmonious growth of the downtown and central business district; to encourage development in keeping with the desired character of the downtown and central business district; and to ensure physical and functional compatibility between uses. The design review permit established by this chapter is intended to provide a process for consideration of development proposals to ensure that the design and layout of commercial, multifamily residential, and mixed use development will constitute suitable development and will not result in a detriment to the city or to the environment.
(Ord. 469 § 1 (Exh. B), 2009)
§ 17.63.020 Applicability.
A design review permit is required for the following projects within the downtown and central business district as designed under the D-A and D-B zoning districts:
A.
Multifamily residential development;
B.
Nonresidential and mixed use development (e.g., commercial, office, industrial, public/quasi-public); and
C.
Additions to the above projects where 500 or more gross square feet is being added to existing structures.
(Ord. 469 § 1 (Exh. B), 2009)
§ 17.63.030 Exemptions.
The following structures and activities are exempt from design review. However, such structures may require additional permits and plan check, such as a ministerial building permit, to ensure compliance with adopted building code standards and applicable zoning code provisions.
A.
Single-family homes;
B.
Additions to single-family residential homes;
C.
Additions to nonresidential and mixed use structures less than 500 square feet in size;
D.
Accessory structures consistent with the provisions of this title;
E.
Installation of signs consistent with the provisions of this title;
F.
Repairs and maintenance to the site or structure(s) that do not add to, enlarge, or expand the area occupied by the structure, or the gross floor area of the structure;
G.
Interior alterations that do not increase the gross floor area within the structure, or change/expand the permitted use of the structure (e.g., tenant improvements); and
H.
Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).
(Ord. 469 § 1 (Exh. B), 2009)
§ 17.63.040 Application.
A.
Application Contents. An application for design review may be made by a property owner or his authorized agent upon forms provided by the city clerk and giving such information as may be prescribed by the secretary of the planning commission. At this time, the application will be reviewed for completeness by the city clerk based on the following guidelines:
1.
Every application for design review shall be accompanied by a drawing or plot plan, drawn to scale, and showing the lot and building site or sites, the proposed location of the buildings on the lot, accurate dimensions of the buildings, of the yards and of the lots, drawings of all elevations or sides of the buildings showing how the buildings will look when constructed, including building finishes and colors, and such other information as may be necessary to provide for the enforcement of these regulations or the intelligent consideration of the design review request.
2.
Environmental documentation as described in Chapter 17.12 HMC shall be prepared.
B.
Application Completeness Determination. If the application is deemed incomplete, the application is returned to the applicant. If the application is deemed complete, the city clerk shall accept the application.
C.
Filing Fee. The city clerk shall charge and collect a filing fee for such application, as determined by resolution of the city council.
(Ord. 469 § 1 (Exh. B), 2009)
§ 17.63.050 Approval authority and hearing.
A.
Approval Authority. The designated approving authority for design review is the planning commission. The project review committee provides a recommendation and the planning commission approves, conditionally approves, or denies the design review application in accordance with the requirements of this title. Design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications.
B.
Hearing. Upon receipt of the application in proper form, the city clerk shall place the item on the planning commission's agenda for public hearing not more than 30 days after the date the application is determined to be complete. Within 30 days after the conclusion of the public hearing, the planning commission shall approve, conditionally approve, or deny the design review application. Notice of the action taken shall be mailed to the applicant.
C.
Public Hearing Notice. Notice of public hearing shall be given for the time and in the manner as established by resolution of the city council, which shall be either:
1.
By mailing said notice postage prepaid at least 10 days prior to the public hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the exterior boundaries of the applicant's property; or
2.
By publication of said notice in an official newspaper of the city and by posting of said notice in a conspicuous place on or close to the property at least 10 days prior to the hearing.
(Ord. 469 § 1 (Exh. B), 2009)
§ 17.63.060 Considerations.
In conducting a design review, the designated approving authority shall consider the following:
A.
Considerations relating to site layout, the orientation and location of building, signs, other structures, open spaces, landscaping and other development features in relation to the physical characteristics, zoning, and land use of the site and surrounding properties;
B.
Considerations relating to traffic, safety, and traffic congestion, including the effect of the development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways, the adequacy of off-street parking facilities to prevent traffic congestion, and the circulation patterns within the boundaries of the development;
C.
Considerations necessary to ensure that the proposed development is consistent with the general plan and the downtown vision plan, including but not limited to the density of residential units; and
D.
Considerations relating to the availability of public services, including, but not limited to, water, sewer, drainage, police and fire; and whether such services are adequate based upon city standards.
(Ord. 469 § 1 (Exh. B), 2009)
§ 17.63.070 Findings.
A design review permit, or any modification thereto, shall be granted only when the designated approving authority makes all of the following findings:
A.
The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, the downtown vision plan, improvements standards, and other applicable standards and regulations adopted by the city;
B.
The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation;
C.
The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features are compatible with and complement the existing surrounding environment and ultimate character of the area under the general plan; and
D.
That the proposed development complies with the regulations of the downtown code, promotes the spirit of downtown by integrating the fabric of its public and private built environment (the downtown's DNA – what makes its unique character) and complementing the architectural quality of the downtown.
(Ord. 469 § 1 (Exh. B), 2009)
§ 17.63.080 Conditions.
The designated approving authority may modify plans in whole or in part and may condition the design review permit to ensure specific design features and conformance with all applicable provisions of this title.
(Ord. 469 § 1 (Exh. B), 2009)
§ 17.63.090 Permit issuance.
The final action of the design review permit by the designated approving authority shall constitute approval of the permit. Such permit shall only become valid after the designated 10-day appeal period has been complete as provided in HMC § 17.63.100, Appeal.
(Ord. 469 § 1 (Exh. B), 2009)
§ 17.63.100 Appeal.
A.
A written appeal may be taken to the city council by the applicant for design review or by any person, firm, corporation, group, or association aggrieved or affected by the decision of the planning commission with respect to any application for design review.
B.
Such appeals shall be filed in duplicate with the city clerk within 10 days from the date of action by the planning commission or from the expiration of the 30-day completeness period described in HMC § 17.63.040, Application. The appeal shall specifically state the grounds for the appeal and how the planning commission failed to conform to the requirements of these regulations.
C.
Before accepting an appeal, the city clerk shall charge and collect a fee as determined by resolution of the city council.
D.
The city clerk shall immediately transmit one copy of said appeal to the city planner, who shall inspect the appeal for defects and validate said appeal within 48 hours of receipt. If said appeal is defective for any reason, the building inspector shall send immediate notice to the applicant of the fact and the type and nature of said defect or defects.
E.
The filing of an appeal shall stay the issuance of subsequent permit(s) (e.g., building permits).
(Ord. 469 § 1 (Exh. B), 2009)
§ 17.63.110 Revocation.
A.
The planning commission may, by resolution and after a public hearing with notice in accordance with HMC § 17.63.050, Approval authority and hearing, revoke any design review permit for noncompliance with any of the conditions set forth in the resolution granting the application. Written notice of intention to revoke shall be mailed to the applicant not less than 30 days before the planning commission hearing. Said revocation may be appealed in the manner provided in HMC § 17.63.100, Appeal. Similarly, if the circumstances surrounding the granting of a design review permit have substantially changed, the planning commission may, on a vote of not less than four-fifths of its members, revoke any design review.
B.
If an established time limit for development expires, or if a time limit for the duration of the continuation of the use has been established as one of the conditions, said permit shall be revoked upon such date of expiration without any notification of the owners thereof.
C.
The revocation of the design review permit shall have the effect of denying all rights granted by the design review permit.
(Ord. 469 § 1 (Exh. B), 2009)
§ 17.64.010 Rezone – Criteria.
The planning commission in recommending and the city council in reviewing a proposed change of zone shall consider whether the following conditions exist in reference to the proposed zoning of the subject property:
A.
The proposed change of zone is in conformity with the general plan;
B.
The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related use, and other considerations deemed relevant by the planning commission and city council; and
C.
The proposed change of zone is necessary and proper at this time and is not likely to be detrimental to the adjacent property.
(Ord. 441 § 1, 2000)
§ 17.64.020 Initiation – Petition.
A.
As depicted in Figure 17.64-1 provided at the end of this chapter, the following parties may initiate rezone procedures:
1.
The planning commission may initiate proceedings by motion and then hold public hearings;
2.
The city council may initiate proceedings by motion and then submit the matter to the planning commission for public hearings; and
3.
The owner of property proposed for rezoning, the lessee having a leasehold interest of not less than five years, exclusive of an option to renew, or the agent of any of the foregoing, duly authorized in writing, by filing a petition with the city clerk on forms provided by the city clerk.
B.
The petition for rezone shall be full and complete and shall include such data and information as may be prescribed by the planning commission to assist in determining the validity of the request and the manner in which it meets the considerations set forth in this chapter. The petition shall be verified before a notary public by the applicant and by the property owner, and the date of verification shall be noted on the petition. An incomplete application shall not be accepted and shall be returned to the applicant.
(Ord. 441 § 1, 2000)
§ 17.64.030 Filing fee.
The city clerk shall charge and collect a filing fee for each application for rezone as determined by resolution of the city council.
(Ord. 441 § 1, 2000)
§ 17.64.040 Investigation.
The city manager or any other city official designated by the city manager shall investigate the facts bearing on the proposed zone change to provide information necessary to assure action consistent with the intent of this title and the general plan, and shall report the findings to the planning commission. This investigation shall include the preparation of environmental documentation described in Chapter 17.12 HMC.
(Ord. 441 § 1, 2000)
§ 17.64.050 Hearing – Notice.
A.
As depicted in Figure 17.64-1 provided at the end of this chapter, a hearing date for a proposed zone change shall be set by the city clerk for not more than 30 days after the filing of a petition, or after the initiating motion by the city council or planning commission, except as provided in HMC § 17.12.020.
B.
Notice of the required public hearing shall contain the time and place of the hearing and a general description of the area proposed for change.
C.
Notice of such hearing shall be given both by mailing or delivering said notice at least 10 days prior to the public hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the boundaries of the applicant's property, and by publication of said notice in an official newspaper of the city.
(Ord. 441 § 1, 2000)
§ 17.64.060 Public hearing – Action by the planning commission.
A.
The planning commission shall, not less than 10 nor more than 30 days after the publication of the legal notice of public hearing on a zone change, hold said hearings.
B.
The planning commission shall announce and record its decision within 30 days after the conclusion of the public hearing. Said decision shall recommend either approval or disapproval of the proposed zone change and shall set forth findings in support of the recommendation. The planning commission may reduce, but shall not enlarge the area of the proposed zone change in any way, unless proper notice and publication of the enlarged area is made.
C.
Said decision shall be filed with the city council within 10 days after its announcement, and a copy of the decision shall be mailed to the petitioner at the address shown on the petition.
(Ord. 441 § 1, 2000)
§ 17.64.070 Council action – Planning commission denial of zone change.
If the decision of the planning commission recommends against the adoption of the zone change, the city council shall not be required to take any further action on the requested zone change unless an interested party requests such a hearing by filing a written request with the city clerk within 10 days after the planning commission files its decision and recommendations. In the latter event, a public hearing shall be held and notice shall be given as provided in HMC § 17.64.050(C).
(Ord. 441 § 1, 2000)
§ 17.64.080 Council action – Planning commission approval of zone change.
A.
If the decision of the planning commission recommends the proposed change, the city council shall, not more than 30 days after publication of legal notice of a public hearing on a zone change, hold said public hearing.
B.
The city council may approve the proposed zone change and enact it into ordinance or disapprove it. The city council may reduce but shall not enlarge the area of the proposed zone change in any way unless proper notice and publication of the enlarged area is made.
(Ord. 441 § 1, 2000)
§ 17.64.090 Council action – Public hearing – Date notice.
On any public hearings required by the provisions of HMC § 17.64.070 and § 17.64.080, the hearing date shall be set by the city clerk for not more than 30 days after the filing of the planning commission's decision with the city council. Notice shall be given as provided in HMC § 17.64.050.
(Ord. 441 § 1, 2000)
§ 17.64.100 Procedure generally.
Should consideration of an amendment of the text of the ordinance codified in this title be desired, the procedure set forth in Figure 17.64-2 and HMC § 17.64.110 through § 17.64.150 shall be followed.
(Ord. 441 § 1, 2000)
§ 17.64.110 Initiation.
A.
The planning commission may initiate proceedings by motion and then hold public hearings and make recommendations as provided in HMC § 17.50.130.
B.
The city council may initiate proceedings by motion, and then submit the matter to the planning commission for public hearings.
(Ord. 441 § 1, 2000)
§ 17.64.120 Investigation.
The city manager or other city official designated by the city manager shall study the proposed ordinance amendment and shall provide information necessary to assure action consistent with the intent of this title and the general plan, and shall report the findings to the planning commission. This investigation shall include the preparation of environmental documentation described in Chapter 17.12 HMC.
(Ord. 441 § 1, 2000)
§ 17.64.130 Public hearing – Planning commission.
A.
The hearing date for a proposed textual amendment to any portion of this title shall be set by the city manager for not more than 30 days after the initiating motion by the planning commission or city council, except as provided in HMC § 17.12.020.
B.
Notice of the required public hearings shall contain the time and place of the hearing and the general purpose of the proposed amendment.
C.
Notice shall be published in a newspaper of general circulation in the city not less than 10 days before the date set for the public hearing.
D.
The planning commission shall, not more than 30 days after the publication of legal notice of a public hearing on an ordinance amendment, hold such public hearing.
E.
Within 30 days after the conclusion of the public hearing, the planning commission shall file its recommendation with the city council, together with a report of findings, hearings and other supporting data.
(Ord. 441 § 1, 2000)
§ 17.64.140 Public hearing – City council.
A.
The hearing date for a proposed textual amendment to the ordinance codified in this title shall be set by the city clerk for not more than 30 days after the filing of the planning commission's recommendation.
B.
Notice shall be given as provided in HMC § 17.64.130.
(Ord. 441 § 1, 2000)
§ 17.64.150 Public hearing – Referral, decision.
A.
The city council shall, not more than 30 days after the publication of the legal notice of a public hearing on an ordinance amendment, hold said public hearing.
B.
The city council may adopt by ordinance or reject the amendment recommendation made by the planning commission after holding at least one public hearing thereon. The city council may modify the amendment recommended by the planning commission; provided, the proposed modification has been referred back to the planning commission for a report, pursuant to the provisions of subsection C of this section.
C.
The planning commission shall review the changes proposed and referred to it by the city council and shall report its recommendations back to the city council. Such report is to be filed with the council not more than 40 days after the referral by the city council.
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(Ord. 441 § 1, 2000)
§ 17.66.010 Freestanding signs – Planning commission review.
A.
All freestanding signs except special purpose signs as designated in HMC § 17.56.150 through § 17.56.250 and permitted signs in residential zones shall be subject to the review and approval of the planning commission.
B.
Fee for the review of the freestanding signs shall be established by resolution of the city council.
C.
In its review of freestanding signs, the planning commission shall consider the size, shape, scale and location of the proposed sign as it relates to surrounding land uses in order to ensure compatibility between signs and other structures and to reduce possible detrimental effects.
D.
Planning commission review of freestanding signs shall not be required where such signs have been approved in conjunction with planning commission approval of a conditional use permit or a variance.
E.
Following its review of a freestanding sign as prescribed in subsection C of this section, the planning commission may approve, conditionally approve, or deny the proposed sign.
(Ord. 441 § 1, 2000)
§ 17.66.020 Freestanding signs – Appeal of planning commission.
If after reviewing a proposed freestanding sign, the planning commission should not approve the sign as submitted or, if the applicant does not agree with the conditions of approval required by the planning commission, the applicant may appeal the decision to the city council, as prescribed in HMC § 17.62.120.
(Ord. 441 § 1, 2000)
