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Paramount City Zoning Code

CHAPTER 17

52 AMENDMENTS AND SITE PLANS GENERALLY

§ 17.52.010 Amendments generally.

A. 
When and How Title May Be Amended. Whenever public necessity, convenience and general welfare require, the boundaries of the zones established by this title, the classification of property uses therein or other provisions of this title may be amended as follows:
1. 
By amending the zoning map.
2. 
By adoption of site plans.
3. 
By revising the text of this title.
B. 
Criteria for Amending.
1. 
That modified conditions warrant a revision in the zoning plan as it pertains to the area under consideration.
2. 
That a need for the proposed zone classification exists within such area and that the proposed change is necessary and proper and not likely to be detrimental to adjacent properties.
3. 
That the particular property under consideration is a proper location for such zone classification within such area and is suitable for uses permitted in the zone in terms of access and size of parcel.
4. 
That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare.
5. 
That the proposed classification will be consistent with the comprehensive general plan.
C. 
Initiation of Amendments. Amendments of this title, and the map which is a part hereof, may be initiated by:
1. 
The verified application of one or more owners of property which is proposed to be changed, reclassified or for which a site plan is requested.
2. 
By the adoption of a motion by the City Council requesting the Planning Commission to set a matter for hearing and recommendation.
3. 
By adoption of a motion by the Planning Commission.
(Prior code §§ 44-173—44-174)

§ 17.52.020 Application for amendment, etc., or approval of site plan.

Whenever the owner of any land or building desires an amendment, supplement to or change in the regulations prescribed for his or her property, or desires approval of a site plan, he or she shall file with the Planning Commission an application therefor, verified by him or her.
(Prior code § 44-175)

§ 17.52.030 Action by Planning Commission on proposed amendment or site plan.

A. 
Hearing to Be Held—Notice Thereof. Upon the filing of a verified application for an amendment or for approval of a site plan, or upon the adoption of a motion by the City Council or Planning Commission, the Planning Commission shall hold one public hearing thereon as required by the State Planning Law for the adoption of, or amendments to, precise plans, and notice of such hearing shall be given as provided in Chapter 17.56.
B. 
Resolution Announcing Findings and Recommendations to Council Generally. The Planning Commission shall announce its findings by formal resolution not more than 40 days following the hearing referred to in the preceding section, and such resolution shall recite, among other things, the facts and reasons which, in the opinion of the Planning Commission, make the approval or denial of the application for the amendment or site plan necessary to carry out the general purpose of this title, and shall recommend to the City Council the adoption of the amendment or site plan or deny the application.
C. 
Notice of Commission's Decision.
1. 
When Approving. When the Planning Commission's action is to recommend the adoption of the amendment or the approval of a site plan, such Commission shall, within 14 days from the date of such action, notify the applicant by forwarding a copy of the resolution to the applicant at the address shown upon the application, and shall forward to the City Council a copy of such resolution, together with the complete file in the case.
2. 
When Denying Application. If the action of the Planning Commission is to deny an application for an amendment or a site plan, such Commission shall, within 14 days from the date of adoption of its resolution, notify the applicant by forwarding a copy of the resolution to the address shown on the application.
D. 
Transmission of Record to Council. Within 14 days of rendering its decision, as provided by subsection B, the Planning Commission shall transmit to the City Council, complete records of the case.
(Prior code §§ 44-176—44-180)

§ 17.52.040 Action by Council on recommendation of Planning Commission, etc.

A. 
Hearing to Be Held—Notice Thereof.
1. 
Within not to exceed 60 days following receipt of the record from the Planning Commission, as provided by the preceding section, the City Council shall conduct a public hearing.
2. 
The City Council shall conduct a duly advertised hearing on this matter, public notice of which shall be given as provided in Chapter 17.56.
B. 
Adverse Decision of Council May Be Referred to Planning Commission. If the City Council proposed an action that is in any way contrary to the recommendations of the Planning Commission, the City Council may, before final action is taken, refer its findings to the Planning Commission, and request a further report of the Planning Commission on the matter. Failure of the Planning Commission to report to the City Council within 40 days after reference may be deemed to be approval by the Planning Commission of any proposed change.
C. 
Action of Council to Be by Majority Vote and Shall Be Final. The action of the City Council on the application for an amendment or site plan shall be by a majority vote of the City Council and shall be final and conclusive.
D. 
Copy of Resolution to Be Forwarded to Applicant. Not later than seven days following the adoption by the City Council of a resolution approving or denying an amendment to this title or a site plan, or an appeal, one copy of such resolution shall be forwarded to the applicant at the address shown upon the application, and one copy shall be attached to the file in the case and the complete file returned to the Planning Commission for permanent filing.
(Prior code §§ 44-181—44-184)

§ 17.52.050 Procedure for adopting site plans.

A. 
Where a change of zone classification is involved in considering a site plan, the adoption of the site plan shall constitute a reclassification of the property to such one or more zones as are designated on the site plan of the property involved, and shall be adopted as an amendment to the zoning map. The details of the site plan shall supersede the general requirements of the applicable zones involved insofar as they apply to the particular site. The new zone boundaries of the reclassified area contained within the site plan shall be indicated on the zoning map together with a numbered reference to the site plan, the details of which site plan shall govern the application of the zoning provisions to such area.
B. 
If no reclassification is involved in the consideration of a site plan, the adoption of the site plan shall be processed as, and shall constitute, an amendment to the zoning map to the extent of identifying the area made the subject of the site plan, and the details of the site plan shall apply to the property involved in the site plan in the same manner as where a reclassification is involved.
(Prior code § 44-185)