The provisions of this chapter may be amended by changing the boundaries of the zones or by changing any provision of this chapter whenever the public necessity, convenience, and general welfare require such amendment.

(§ 3, Ord. 84-593, eff. January 3, 1985)

(a)

Amendments to boundaries of zones may be initiated by:

(1)

The verified petition of one or more of the owners of property affected by the proposed amendment, which petition shall be filed with the Planning Department; or

(2)

A resolution of intention adopted by the Board; or

(3)

A resolution of intention adopted by the Commission.

(b)

Amendments to any provision of this chapter may be initiated by:

(1)

The verified petition of one or more of the owners of property affected by the proposed amendment, which petition shall be filed with the Planning Department; or

(2)

A resolution of intention adopted by the Board; or

(3)

A resolution of intention adopted by the Commission.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 6, Ord. 86-623, eff. February 6, 1986, and Exh. A, § 4, Ord. 873, eff. October 31, 1996)

The Planning Director shall determine if an initiated amendment is complete within thirty (30) days after the receipt of the amendment.

If an amendment is determined to not be complete, the applicant shall make the amendment complete within one year from the date on which the amendment was determined to not be complete, or the application shall be considered withdrawn.

Upon completion of the appropriate environmental review, an initiated amendment shall be scheduled for the next regularly scheduled hearing for which the application can be scheduled while meeting all requirements for notice.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 89-719, eff. November 2, 1989)

The Board, in adopting a resolution of intention to reclassify all or a portion of the property included in the proposed change or amendment, as a prerequisite to final action, may include any conditions, stipulations, or limitations which the Board may find are necessary in the public interest. The fulfillment of all such conditions, stipulations, and limitations set forth in such resolution on the part of the applicant shall make such resolution a binding commitment on the Board. The failure of the applicant to meet any or all of such conditions, stipulations, or limitations set forth in such resolution, including the time limit placed in the resolution, shall render the resolution of intention to reclassify null and void, unless an extension is granted by the Board upon the recommendation of the Commission.

(§ 3, Ord. 84-593, eff. January 3, 1985)

The Planning Director shall give notice of the hearing as set forth in Article 11.5 of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 5, Ord. 85-607, eff. June 13, 1985)

(a)

After the hearing the Commission shall render its decision in the form of a written recommendation to the Board.

(b)

The recommendation shall include the reasons for the recommendation and the relationship of the amendment to the General Plan.

(c)

The recommendation shall be transmitted to the Board in a form and manner specified by Section 2-2.108 of Article 1 of Chapter 2 of Title 2 of this Code.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 5, Ord. 85-607, eff. June 13, 1985; § 4, Ord. 05-1026, adopted March 29, 2005)

(a)

Hearings.

(1)

Upon the receipt of the recommendation of the Commission, the Board shall hold a public hearing; however,

(2)

If the matter under consideration is an amendment to change property from one zone to another, and the Commission has recommended against the adoption of the amendment, the Board shall not be required to take any further action on the amendment unless appealed as set forth in Article 10 of this chapter.

(b)

Notices. Notice of the hearing shall be given as set forth in Article 11.5 of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 5, Ord. 85-607, eff. June 13, 1985)

(a)

Decisions. The Board may approve, modify, or disapprove the recommendation of the Commission.

(b)

Referral by the Board.

(1)

Any modification of the proposed amendment by the Board not previously considered by the Commission during its hearing shall first be referred to the Commission for a report and recommendation.

(2)

The Commission shall not be required to hold a public hearing on the referred modification.

(3)

The failure of the Commission to report within forty (40) days after the reference, or such longer period as may be designated by the Board, shall be deemed to be approval of the proposed modification.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 5, Ord. 85-607, eff. June 13, 1985)