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Melba City Zoning Code

CHAPTER 8

AMENDMENT PROCEDURE

10-8-1: INITIATION OF AMENDMENT:

   A.   This title may be amended whenever the council deems that amendment is required for public convenience or necessity, or for general welfare. Any amendment shall be enacted pursuant to this chapter, and for purposes of this chapter, includes any measure to change district boundaries; to establish or disestablish districts; to change district regulations; or to add, repeal or amend any other provisions of this chapter or the whole of this title.
   B.   An amendment to the text of this title or to the official zoning map may be initiated by the council or the commission or by an application of one or more of the owners of property affected by the proposed amendment. (Ord. 86, 8-19-1980)

10-8-2: APPLICATION FOR AMENDMENT; FEE:

   A.   Applications shall be filed with the commission on forms prescribed by the commission, accompanied by such data and information necessary to assure the fullest presentation of facts.
   B.   No application for the same general purpose concerning the same property which has been denied shall be received or processed within twelve (12) months of such denial except by unanimous action of the commission. (Ord. 86, 8-19-1980)
   C.   A filing fee as provided in section 1-10-1 of this code shall be paid at the time of the filing of an application, but no fee will be required in the case of proceedings instituted by either the council or the commission. (Ord. 86, 8-19-1980; amd. 2008 Code)

10-8-3: PLANNING AND ZONING COMMISSION PROCEDURE:

   A.   Notice And Public Hearing:
      1.   The commission, prior to recommending an amendment, supplement, or repeal of this title, shall conduct at least one public hearing in which interested persons shall have the opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and summary of the proposed amendment to be discussed shall be published in the official newspaper or a newspaper of general circulation in the area. The commission shall also make available a notice to other papers and radio and television stations serving the jurisdiction for use as a public service announcement. Following the commission hearing, if the commission makes a material change in this title, other than changes for which notice was published for the present hearing, further notice and hearings shall be published and provided before the commission forwards its recommendations to the council. A record of the hearings, findings made, and actions taken shall be maintained. (Ord. 86, 8-19-1980)
      2.   If the request is in accordance with the adopted comprehensive plan, the commission may recommend and the council may adopt or reject the amendment under the same notice and hearing procedures as set forth for the commission; provided, that in the case of a zoning district boundary change, additional notice shall be provided by mail to property owners and residents within the land being considered, three hundred feet (300') beyond the external boundaries of the land being considered, and any additional area that may be impacted by the proposed change as determined by the commission. Notice shall also be posted on the premises not less than one week prior to the hearing. (Ord. 86, 8-19-1980; amd. 2008 Code)
      3.   When notice is required to be given to two hundred (200) or more property owners or residents, an alternative form of procedure of official notice of the public hearing for both the planning and zoning commission and city council shall be that the public hearing notice shall be published in the official newspaper or newspaper of general circulation in the area two (2) consecutive times.
   B.   Action By Commission:
      1.   The commission shall cause to be made by any of its own members or by any member of its staff, such investigation of facts bearing upon such amendment, supplement, repeal or matter for hearing as, in the opinion of the commission, will serve to provide the necessary information to enable the commission to act.
      2.   Not later than ten (10) days after the conclusion of the hearing, the commission shall file with the city council a written report stating the action taken by the commission and its recommendations. (Ord. 86, 8-19-1980)

10-8-4: CITY COUNCIL PROCEDURE:

   A.   Notice And Public Hearing: At its next regular meeting after the commission has filed its report to the city council, or at such time to which the matter may be continued, the council shall set the matter for public hearing, and the council, prior to adoption of an amendment, supplement, or repeal of this title, shall hold at least one public hearing using the same notice and hearing procedures as the commission.
   B.   Action By Council:
      1.   If the council approves the proposed amendment, it shall thereafter be made a part of this title by appropriate amendment of the official zoning map and text.
      2.   The council may accept the recommendation of the commission unless rejected by a vote of one-half (1/2) plus one of its members. (Ord. 86, 8-19-1980)