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Madera County Unincorporated
City Zoning Code

CHAPTER 18

110 - AMENDMENTS

18.110.010 - Authority.

Pursuant to provisions of Section 65804 of the California Government Code, the Madera County Board of Supervisors may amend the regulations of the zoning ordinance codified herein or change the zoning district boundaries.

(Ord. 525 § 1(part), 1989).

18.110.020 - Petition-Made by whom.

A petition for amendment of the zoning ordinance codified herein may be made by any property owner in the area to be affected by the amendment, by any member of the Madera County Board of Supervisors, by any member of the county zoning agency, or by the county zoning administrator.

(Ord. 525 § 1(part), 1989).

18.110.030 - Petition-Filing.

Such petition shall be submitted on the form provided in triplicate directly to the zoning administrator in order that notice of hearings and other processing may be initiated without unnecessary delay.

(Ord. 525 § 1(part), 1989).

18.110.040 - Petition-Fees.

Any petition submitted by other than a government body or agency shall be accompanied by a fee as specified by the board of supervisors, payable to the Madera County zoning agency to defray the cost of advertising, investigation, and other processing.

(Ord. 525 § 1(part), 1989).

18.110.050 - Data required.

In addition to all information required on the petition form, the petitioner shall supply the following:

A.

A plot map in triplicate, drawn to a scale not greater than one hundred feet to the inch, showing the land in question, its location, the length and direction of each boundary thereof, the location and existing use of all structures and buildings on such land, and the principal use of all properties within three hundred feet of such land. The plot map should include a location map at one inch equals sixty feet showing the road pattern, canals, railroads and streams;

B.

The names and addresses of owners of all properties within three hundred feet of any part of the land included in the proposed change;

C.

Description of the intended new use;

D.

Any further information which may be required by the zoning administrator to facilitate the making of a comprehensive report to the Madera County Board of Supervisors and the zoning agency.

(Ord. 525 § 1(part), 1989).

18.110.060 - Hearing.

As soon as practical after receipt of such petition, the county zoning agency shall call a public hearing thereon in the manner prescribed below in Section 18.110.090.

(Ord. 525 § 1(part), 1989).

18.110.070 - Zoning agency action and report.

As soon as possible after such public hearing, the county zoning agency shall act on such petition either approving, modifying and approving, or disapproving of the same. If its action is favorable to granting the requested change, or any modification thereof, it shall cause a resolution to be drafted effectuating its determination and shall submit such proposed ordinance directly to the Madera County board of supervisors with its recommendations and findings. If the county zoning agency, after its public hearing, shall recommend denial of the petition, it shall report its recommendation directly to the Madera County board of supervisors, together with its reasons for such action. Proof of the publication of the notice of public hearing by the county zoning agency shall be attached to either such report.

(Ord. 525 § 1(part), 1989).

18.110.080 - County board action.

Upon receipt of the report of the county zoning agency, the Madera County Board of Supervisors may adopt an amending ordinance as recommended by the county zoning agency or may adopt such ordinance with amendments, or it may refuse to deny the petition for amendment as recommended by the county zoning agency, in which case it may re-refer the petition to the county zoning agency, with directions to draft a resolution to the board of supervisors concerning the petition and report same back to the Madera County Board of Supervisors, which may then adopt or reject such ordinance as the resolution recommends or may re-refer the petition to the county zoning agency for reconsideration, including possible further public hearing. No amendment shall be adopted by the board of supervisors prior to their holding a public hearing upon notice.

(Ord. 525 § 1(part), 1989).

18.110.090 - Notice of hearing published.

Notice of the time and place of public hearings provided in this chapter shall be given pursuant to the requirements of Section 65091. (a) of the California Government Code.

(Ord. 525 § 1(part), 1989).

18.110.100 - Protest against proposed amendment.

In case a protest against a proposed amendment is filed with the county clerk at least twenty-four hours prior to the date of the meeting of the county board of supervisors at which the report of the county zoning agency is to be considered, duly signed and acknowledged by the owners of twenty percent or more of the area proposed to be altered, or by the owners of at least twenty percent of the frontage immediately in the rear or side boundaries thereof within three hundred feet of the area proposed to be changed, or by the owners of at least twenty percent of the frontage directly opposite and across the public street, highway or alley from the area proposed to be altered, action on such ordinance may be deferred until the county zoning administrator shall have had a reasonable opportunity to ascertain and report to the county board of supervisors as to the authenticity of such ownership statements. Each signer of such protest shall state the amount of area or frontage owned by him and shall include a description of the lands owned by him. If such statements are found to be true, such ordinance shall not be adopted except by the affirmative vote of four of the members of the county board of supervisors present and voting. If such statements are found to be untrue to the extent that the required frontage or area ownership is not present, such protest may be disregarded.

(Ord. 525 § 1(part), 1989).

18.110.110 - Effective date of amendment.

Any such amendatory ordinance when so adopted shall, within ten days thereafter, be submitted for publication to a newspaper of general circulation encompassing the area of effect of the amendment. If the amendment includes a change to the official zoning map of Madera County, a copy of the appropriate official zoning map shall also be published with the ordinance amendment. Such map may be prepared from the official zoning district map but may be modified for the purpose of increasing clarity of reproduction in the newspaper by the application of special cartographic techniques for this purpose. If such a technique is used, the following statement shall accompany such map: "The accompanying map has been prepared from the Official Zoning District Map of Madera County which is on file for public inspection in the offices of the County Zoning Administrator (County Planning Department)." It shall be the duty of the county zoning administrator to prepare such map for use by the county clerk in this notification.

(Ord. 525 § 1(part), 1989).

18.110.120 - Zoning county owned lands.

The county board of supervisors of Madera County may, by ordinance, zone and rezone any lands owned by the county. The board of supervisors need not refer such rezoning to the county zoning agency but shall hold a public hearing on the proposed rezoning ordinance and give notice of such hearing by advertisement in a newspaper of general circulation at least ten days prior to the scheduled public hearing on the matter.

(Ord. 525 § 1(part), 1989).