The persons and entities designated in this chapter shall be responsible for the administration and implementation of this zoning code. (Ord. 24-01 §2(Exh. A-1)).

The powers and responsibilities of the city council as the legislative body under this zoning code include but are not limited to the following:

A.    Adopt and amend the zoning map and the text of this zoning code following a public hearing and recommended action by the commission.

B.    Initiate new community and specific plans and updates to the general plan.

C.    Initiate the rezoning of property.

D.    Consider and make decisions on land use entitlements.

E.    Hear and decide appeals from decisions of the director or commission on conditional use permits, variances, and any other permits that can be appealed pursuant to this zoning code.

F.    When decisions or interpretations of the commission are appealed, the city council is the final decision-making body. (Ord. 24-01 §2(Exh. A-1)).

A.    The commission shall be the hearing body vested with the authority to approve, approve with conditions, modify, revoke, or deny a development application for a planning division permit, including variance permits, development plan, conditional use permits, land divisions, and environmental studies and reports.

B.    The commission shall serve as an appellate body for all permit decisions made by the director and for all interpretations of this zoning code made by the director.

C.    The commission shall be the original hearing body to recommend approval or denial of the zoning code text amendments and zone map amendments (rezones) to the council. The commission shall also regularly review development agreements and report their findings and recommendations to the council. (Ord. 24-01 §2(Exh. A-1)).

The director shall be the administrative head of the planning division. The director is vested with the authority to approve or deny ministerial permits including: administrative use permits, temporary use permits, home occupation permits, site plan review permits, minor deviation permits, and sign permits; interpret the zoning code; enforce the provisions of the zoning code and other codes and statutes regarding the use of land and structures; prepare the application forms for planning permits and carry out other duties as directed by this zoning code or council. (Ord. 24-01 §2(Exh. A-1)).

A.    Development Review Committee (DRC) Established. The city shall establish and maintain a development review committee (DRC), an advisory body, to review and recommend actions and conditions on development applications when deemed necessary by the director, for either discretionary or ministerial permits.

B.    Composition and Number of Members. The DRC shall consist of any three or more members, as follows:

1.    Chief building official;

2.    City engineer;

3.    Fire marshal;

4.    Public works director;

5.    Parks, recreation, and community services director;

6.    A representative from the police department; and

7.    A representative from any other state agency, school district, or utility service district.

C.    Actions and Responsibilities.

1.    The DRC shall review development applications for either discretionary or ministerial permits and provide the director with a recommendation to modify or modify with conditions, of such applications for a permit.

2.    The DRC shall be an advisory body with no decision making authority.

D.    Rules and Procedures. The director may adopt rules of procedure for the DRC. A quorum shall not be required for a DRC. (Ord. 24-01 §2(Exh. A-1)).

(Ord. 24-01 §2(Exh. A-1)).

The purpose of this chapter is to establish procedures for an amendment to the zoning code text and rezones of real property. (Ord. 24-01 §2(Exh. A-1)).

A.    Types.

1.    Code Text Amendment. A change to the text of the zoning code.

2.    Rezone (Map Amendment). An application to change the zoning for a site from one zone district to another.

B.    Initiation. An amendment to the zoning code may be initiated by any of the following actions:

1.    Council Resolution. The filing of a resolution of initiation by the council with the commission.

2.    Commission Resolution. The adoption of a resolution of initiation by the commission.

3.    Director Action. The written action of the director filed in the division.

C.    Application. The filing with the director of an application signed by one or more owners of record or the owner’s authorized agents, of which property is the subject of the proposed amendment or rezone. The names of all record owners of all land involved must be stated. (Ord. 24-01 §2(Exh. A-1)).

A.    Whenever a public hearing is required to be set, the director shall set a date for a public hearing on the amendment. The public hearing shall comply with the provisions specified in Chapter 17.116 (Public Notices and Hearings).

B.    City Council Hearing. Upon receipt of the recommendation of the commission, the council shall hold a public hearing consistent with the provisions specified in Chapter 17.116 (Public Notices and Hearings). If the proposed amendment changes property from one zone to another, and the commission has recommended against the adoption of the amendment, the council need not take any action, unless an interested party appeals the decision within five working days after the commission action. (Ord. 24-01 §2(Exh. A-1)).

A.    After the close of the public hearing, the commission shall act on the proposed amendment. The hearing may be continued by the majority of commission members present. Before the conclusion of the meeting in which the proposed amendment is being considered, the presiding commissioner shall announce the time and place to which the hearing is to be continued. No further public notice shall be required.

B.    The director shall transmit a resolution to the council containing the commission’s recommendation and findings. Findings outlined in the resolution shall refer to the project’s consistency with the general plan, its impact on the health, safety and welfare of the community, and its potential impact on the environment.

C.    If the commission recommends denial of the amendment, the decision may be appealed to the council in compliance with the provisions specified in Chapter 17.114 (Appeals). Failure to appeal the recommendation shall make the decision of the commission final.

D.    Within ten working days of adopting a resolution on an amendment, the commission shall transmit a copy of its resolution to the applicant. (Ord. 24-01 §2(Exh. A-1)).

A.    Following a public hearing, the council may approve, modify, or deny the recommendation of the commission.

B.    Any significant modifications of the proposed amendment by the council not previously considered by the commission during its hearing shall be referred back to the commission for its review and recommendation. The commission shall not be required to hold a public hearing on the referral. Failure of the commission to report within forty working days after the referral shall cause the council to proceed with the introduction of ordinance with modifications to be approved. (Ord. 24-01 §2(Exh. A-1)).

Following the denial of an amendment, no application for the same or substantially the same amendment shall be filed with the city within twelve months from the date a final decision was rendered, unless the denial action was without prejudice. (Ord. 24-01 §2(Exh. A-1)).

Within thirty working days of a rezone (map amendment) which reclassifies property from one zone to another, the director shall indicate the change on the city’s official zoning map. (Ord. 24-01 §2(Exh. A-1)).

In accordance with Government Code Section 65858, as amended, without following the procedures otherwise required prior to the adoption of an amendment to the zoning code, the city council may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the city council, planning commission or the director is considering or studying or intends to study within a reasonable time. The term, vote, public hearing, findings, extension, and report requirements under Government Code Section 65858 shall be followed. (Ord. 24-01 §2(Exh. A-1)).

This chapter establishes procedures for the appeal of determinations and decisions rendered by the commission and director. (Ord. 24-01 §2(Exh. A-1)).

Any person aggrieved by the decision of the director may appeal the decision to the commission upon submittal of fee and appeal statement. Further, any person dissatisfied with a decision or interpretation of the commission may appeal the decision to the council upon submittal of fee and appeal statement. (Ord. 24-01 §2(Exh. A-1)).

Director or commission determinations may be appealed by filing a written notice of appeal with the city clerk. All appeals must be made no later than ten working days after the day on which the decision was made. Upon receipt of a notice of appeal in proper form, the city clerk shall set a hearing date. A public hearing consistent with the requirements of Chapter 17.116 (Public Notices and Hearings) shall be held at appeal hearings of permits that require a public hearing before the original action. (Ord. 24-01 §2(Exh. A-1)).

The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of land use entitlements, development (construction) permits, and business licenses. (Ord. 24-01 §2(Exh. A-1)).

The notice of appeal shall state the decision being appealed, its identification number, and the identity of the appellant. Further, the appellant shall set forth the reasons for which the decision is unjustified or inappropriate. (Ord. 24-01 §2(Exh. A-1)).

The appellate body shall review the proceedings held by the director or commission in which a decision or interpretation was made. At the discretion of the appellate body, a hearing may be continued. (Ord. 24-01 §2(Exh. A-1)).

The director may, at their discretion, appeal decisions of the commission to the council if any of the following occurs:

A.    Where the action of the commission constitutes new policies for the city;

B.    Where actions are contrary to established council policy;

C.    Where actions have significant budget or financial impact for the city;

D.    Where actions are not in compliance with state law or in compliance with the Kerman Municipal Code. (Ord. 24-01 §2(Exh. A-1)).

If the commission is unable to take action because of disqualification or abstentions or failure of a quorum for two consecutive regular meetings, the director shall refer the matter to the council for a public hearing. Appeals made in compliance with this section shall not be subject to any fees. The council may make any decision it deems just and equitable, including the granting of any permit. (Ord. 24-01 §2(Exh. A-1)).

This chapter provides procedures for noticing public hearings required by this zoning code. When advance notice is required and/or when a public hearing is required, the noticing and hearing shall be conducted in compliance with this chapter. (Ord. 24-01 §2(Exh. A-1)).

Before the commission or council hearing on an amendment to or adoption of the ordinance, a notice of the public hearing shall be published one time, in at least one newspaper of general circulation within the jurisdiction of the city at least ten days before the hearing. The notice shall include the information specified in Section 17.116.030 (Noticing requirements for permits, entitlements, and development). If the proposed amendment or adoption of the ordinance affects the uses of real property, notice shall be given in compliance with Section 17.116.030 (Noticing requirements for permits, entitlements, and development). (Ord. 24-01 §2(Exh. A-1)).

A.    Before a hearing on a permit for which a public hearing is required, a single notice of hearing shall be given not less than ten days before a hearing by publication in a newspaper of general circulation which is distributed in or near the general area of the property which is affected by the proposed land use, permit, or entitlement. If there is no newspaper of general circulation, the notice shall be posted at least ten days before the hearing in at least three public places within the city.

B.    The newspaper publication and the mailed notices shall include information regarding the date, time and place of the public hearing, the planning body or officer who will consider the permit application and, a general description in text or by diagram, of the location of the real property that is the subject of the hearing. Surrounding properties shall be defined as those properties that fall within the outer property boundary of the proposed land use, permit, entitlement, or development as follows:

1.    If the subject property is twenty acres or less, notices shall be given to all properties within three hundred feet of the property line.

2.    If the subject property is more than twenty acres, notice shall be given to all properties within five hundred feet of the property line. (Ord. 24-01 §2(Exh. A-1)).

Failure of any person or entity to receive a notice given in compliance with Section 17.116.030 (Noticing requirements for permits, entitlements, and development) shall not invalidate any proceedings for amendment to this zoning code nor any permits authorized by this zoning code. (Ord. 24-01 §2(Exh. A-1)).

If the number of property owners to whom notice would be mailed or delivered in compliance with Section 17.116.030 (Noticing requirements for permits, entitlements, and development), is greater than one thousand, the director may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation, distributed in or near the general area of the property which is affected by the proposed development, permit, entitlement, or land use and posted on the city’s website at least ten days before the hearing. (Ord. 24-01 §2(Exh. A-1)).

In addition to providing written and/or published notice to affected property owners, a notice of the hearing shall be mailed or delivered at least ten days before the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services whose ability to provide those facilities and services may be significantly affected. (Ord. 24-01 §2(Exh. A-1)).

This chapter establishes provisions that are intended to ensure compliance with the requirements of this zoning code and any conditions of division permit approval, to promote the city’s planning efforts, and for the protection of the public health, safety, and welfare of the city. (Ord. 24-01 §2(Exh. A-1)).

This zoning code shall be administered by the director and other persons designated by the director. The director, building official, or code enforcement officer (collectively referred to as "enforcement officers") shall be responsible for identifying structures and uses that exist or are conducted in a manner that violates this zoning code. If an enforcement officer finds that any provision of this zoning code is being violated, the enforcement officer shall notify, in writing, the responsible party indicating the nature of the violation and the action necessary to correct it consistent with the provisions of Chapter 1.18 (Code Enforcement Authority and Procedures). (Ord. 24-01 §2(Exh. A-1)).

A.    All officials, departments, divisions, and employees of the city vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this zoning code and shall not issue any permit, certificate, or license which conflicts with the provisions of this zoning code. Any permit, certificate, or license issued in conflict with the provisions of this zoning code shall be null and void.

B.    No permits for the development of real property shall be issued until the director determines whether the real property involved, and the proposed development are in compliance with the provisions of the Subdivision Map Act, the general plan, specific plan, and this zoning code. (Ord. 24-01 §2(Exh. A-1)).

In compliance with the provisions of Chapter 1.18 (Code Enforcement Authority and Procedures), an enforcement officer may, upon the presentation of credentials to the owner or occupant, enter any premises or structure at any reasonable time for the purpose of determining if the site is being used in compliance with the provisions of this zoning code. If admission or entry is refused, the director may apply for an inspection warrant consistent with the provisions of the Kerman Municipal Code. (Ord. 24-01 §2(Exh. A-1)).

Whenever a violation of this zoning code occurs or is alleged to have occurred, any person may file a written complaint with the director, stating fully the causes and basis for the complaint. The director shall record the complaint, investigate, and take action as provided by this zoning code and the city municipal code. (Ord. 24-01 §2(Exh. A-1)).

A violation of the zoning code or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances, conditional use permits, or other development permits) may constitute an infraction or misdemeanor per Chapter 1.18 and shall constitute a public nuisance per Section 8.32.050. A person shall be deemed guilty of a separate offense for each day a violation of this zoning code is committed or continued. The city may enforce pursuant to criminal citations, administrative citations, abatement, civil court action, a stop work order, and other remedies available by law. (Ord. 24-01 §2(Exh. A-1)).