112 - AMENDMENTS TO ZONING TITLE
The purpose of this chapter is to establish procedures for the amendment of this title and the official zoning maps. Amendments to this title may be initiated by the board of supervisors on its own motion or by the application of any interested person.
(Prior code § 7292.01)
The board of supervisors may at any time and in any form deemed appropriate by the board initiate an amendment to any portion of this title. An amendment may be any of the following types:
A.
An amendment to the text of this title not changing regulations or standards affecting the use of any property;
B.
An amendment to the text of this title changing regulations or standards affecting the use of property;
C.
Amendment to the official zoning maps reclassifying property from one (1) district to another, including applying a combining district to, or removing a combining district from, property.
(Prior code § 7292.02)
A property owner, his/her authorized representative, or any other interested person may initiate an amendment to the official zoning maps to reclassify property from one (1) district to another by submitting an application to the planning director.
A.
An application for a reclassification of property shall include:
1.
The name and address of the applicant;
2.
The name(s) and address(es) of the property owner(s);
3.
Assessor's parcel number(s);
4.
Legal description of the property;
5.
A map of the property;
6.
Identification of the zoning district reclassification being sought;
7.
Signatures or letter of consent from all property owners of record;
8.
If the property is designated as a flood hazard area according to the Flood Insurance Rate Maps (FIRM), the application shall include a request for the applicable flood hazard zoning, including legal descriptions for same, as required by the planning director.
B.
The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.108.020 of this title.
C.
The planning director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application.
(Ord. G-6077 § 366, 1994: Ord. G-4832 § 183, 1988; Prior code § 7292.03)
A.
At least ten (10) days before the date of any public hearing on a proposed amendment to the text of this title changing regulations of standards affecting the use of any property or on an amendment to the official zoning maps reclassifying property from one (1) district to another, notice of the hearing, identity of the hearing body, and the nature of the amendment, and identification of affected properties shall be given by the following methods:
1.
Publishing such notice once in at least one (1) newspaper of general circulation;
2.
Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each member of the board of supervisors, to each member of the planning commission, to the owners of all property within three hundred (300) feet of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last assessment role of the county. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand (1,000), a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice;
3.
In lieu of the requirements set forth in subsection (A)(1) of this section, notice may also be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property.
B.
At least ten (10) days before the date of any public hearing on a proposed amendment to the text of this title not changing regulations or standards affecting the use of any property, notice of the hearing, including the date, time, place of the hearing, identity of the hearing body and the nature of the amendment, shall be given by publishing such notice once in at least one (1) newspaper of general circulation.
(Ord. G-6551 § 121, 1998: Prior code § 7292.04)
A.
A public hearing shall first be held before the planning commission at a time and place in accordance with the public notice. The board of supervisors shall establish rules for the conduct of such hearings. The name of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the planning commission shall announce the time and place to which the hearing will be continued. Planning commission shall adopt a recommendation for consideration by the board of supervisors as specified in Section 19.102.160(B).
B.
Within forty-five (45) days from the date a decision is rendered by the planning commission, a public hearing shall be scheduled before the board of supervisors to consider the planning commission's recommendation. A public hearing shall be held before the board of supervisors at a time and place in accordance with the public notice. The board of supervisors may establish rules for the conduct of such hearings. The name of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the board of supervisors shall announce the time and place to which the hearing will be continued.
(Ord. G-6551 § 122, 1998: Prior code § 7292.05)
A.
The board of supervisors shall approve by ordinance or deny by order the proposed amendment within thirty-five (35) days following the close of the public hearing. The decision shall be final.
B.
Where the amendment was initiated by an interested person pursuant to Section 19.112.030 of this chapter, written notice of the decision shall be given by mail, within seven (7) days after the date of the decision, to the applicant and any person filing a written request for notice of the decision.
(Prior code § 7292.06)
Any action or proceeding to attack, review, set aside, void or annul any decision made pursuant to Section 19.112.060, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty (30) days after the date of decision, and the legislative body is served within sixty (60) days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts or determinations.
(Ord. G-6551 § 123, 1998: Prior code § 7292.07)
112 - AMENDMENTS TO ZONING TITLE
The purpose of this chapter is to establish procedures for the amendment of this title and the official zoning maps. Amendments to this title may be initiated by the board of supervisors on its own motion or by the application of any interested person.
(Prior code § 7292.01)
The board of supervisors may at any time and in any form deemed appropriate by the board initiate an amendment to any portion of this title. An amendment may be any of the following types:
A.
An amendment to the text of this title not changing regulations or standards affecting the use of any property;
B.
An amendment to the text of this title changing regulations or standards affecting the use of property;
C.
Amendment to the official zoning maps reclassifying property from one (1) district to another, including applying a combining district to, or removing a combining district from, property.
(Prior code § 7292.02)
A property owner, his/her authorized representative, or any other interested person may initiate an amendment to the official zoning maps to reclassify property from one (1) district to another by submitting an application to the planning director.
A.
An application for a reclassification of property shall include:
1.
The name and address of the applicant;
2.
The name(s) and address(es) of the property owner(s);
3.
Assessor's parcel number(s);
4.
Legal description of the property;
5.
A map of the property;
6.
Identification of the zoning district reclassification being sought;
7.
Signatures or letter of consent from all property owners of record;
8.
If the property is designated as a flood hazard area according to the Flood Insurance Rate Maps (FIRM), the application shall include a request for the applicable flood hazard zoning, including legal descriptions for same, as required by the planning director.
B.
The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.108.020 of this title.
C.
The planning director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application.
(Ord. G-6077 § 366, 1994: Ord. G-4832 § 183, 1988; Prior code § 7292.03)
A.
At least ten (10) days before the date of any public hearing on a proposed amendment to the text of this title changing regulations of standards affecting the use of any property or on an amendment to the official zoning maps reclassifying property from one (1) district to another, notice of the hearing, identity of the hearing body, and the nature of the amendment, and identification of affected properties shall be given by the following methods:
1.
Publishing such notice once in at least one (1) newspaper of general circulation;
2.
Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each member of the board of supervisors, to each member of the planning commission, to the owners of all property within three hundred (300) feet of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last assessment role of the county. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand (1,000), a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice;
3.
In lieu of the requirements set forth in subsection (A)(1) of this section, notice may also be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property.
B.
At least ten (10) days before the date of any public hearing on a proposed amendment to the text of this title not changing regulations or standards affecting the use of any property, notice of the hearing, including the date, time, place of the hearing, identity of the hearing body and the nature of the amendment, shall be given by publishing such notice once in at least one (1) newspaper of general circulation.
(Ord. G-6551 § 121, 1998: Prior code § 7292.04)
A.
A public hearing shall first be held before the planning commission at a time and place in accordance with the public notice. The board of supervisors shall establish rules for the conduct of such hearings. The name of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the planning commission shall announce the time and place to which the hearing will be continued. Planning commission shall adopt a recommendation for consideration by the board of supervisors as specified in Section 19.102.160(B).
B.
Within forty-five (45) days from the date a decision is rendered by the planning commission, a public hearing shall be scheduled before the board of supervisors to consider the planning commission's recommendation. A public hearing shall be held before the board of supervisors at a time and place in accordance with the public notice. The board of supervisors may establish rules for the conduct of such hearings. The name of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the board of supervisors shall announce the time and place to which the hearing will be continued.
(Ord. G-6551 § 122, 1998: Prior code § 7292.05)
A.
The board of supervisors shall approve by ordinance or deny by order the proposed amendment within thirty-five (35) days following the close of the public hearing. The decision shall be final.
B.
Where the amendment was initiated by an interested person pursuant to Section 19.112.030 of this chapter, written notice of the decision shall be given by mail, within seven (7) days after the date of the decision, to the applicant and any person filing a written request for notice of the decision.
(Prior code § 7292.06)
Any action or proceeding to attack, review, set aside, void or annul any decision made pursuant to Section 19.112.060, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty (30) days after the date of decision, and the legislative body is served within sixty (60) days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts or determinations.
(Ord. G-6551 § 123, 1998: Prior code § 7292.07)