Boundaries of the zones established by this Ordinance, the classification of property used herein, or other provisions of this Ordinance may be amended whenever public necessity, convenience and general welfare require.

Amendments of this Ordinance may be initiated by:

a.

The verified application of one or more owners of property proposed to be changed or reclassified.

b.

Resolution of Intention of the City Council.

c.

Resolution of Intention of the Planning Commission.

Whenever the owner of any land or building desires an amendment, supplement to or change of the regulations prescribed for his property, he shall file with the Planning Commission an application therefor, verified by him, requesting such amendment. Said application shall be submitted to the City Clerk in duplicate, and shall be on forms prescribed and approved by the Planning Commission, and shall be accompanied by a fifty dollar filing fee. ($50). Said fee shall be payable to the City of Portales through the office of the City Clerk.

Upon the filing of a proper application for an amendment or an order of the Planning Commission, the Planning Commission shall hold one public hearing thereon and notice thereof shall be given as prescribed herein.

(Ord. No. 392, § 20, 8-7-73)

All applications for amendments to zone boundaries or classification of property uses within such zones as are defined by this Ordinance, shall be set by the City Clerk for public hearing when such hearings are to be held before the Planning Commission and by the City Clerk for hearings to be held before the City Council. The date of the first of these hearings shall be not less than fifteen (15) days nor more than forty (40) days from the time of the filing of the application or the adoption of the order upon which such hearing is predicated.

Notice of time and place of public hearings shall be given in such manner as may be directed by the Commission. Whenever a change in zoning is proposed for an area of one block or less, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners, as shown by the records of the County Assessor, of lots or land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-ways, of the area proposed to be changed by zoning regulation.

(Ord. No. 392, § 21, 8-7-73)

The Planning Commission shall cause to be made by its own members or members of its staff, such investigation of facts bearing upon an application set for hearing, including an analysis of precedent cases as will serve to provide all necessary information to assure action on each case consistent with the provisions of this Ordinance and with previous amendments or variances.

The Planning Commission may establish its own rules for the conduct of public hearings. The person acting as Chairman of the Planning Commission is hereby empowered to administer oaths to any person testifying at a hearing before the Planning Commission.

If, for any reason, testimony on any matter set for public hearing cannot be completed on the days set for such hearings, the Commissioner presiding at such public hearings may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued and no further notice shall be required.

The Planning Commission shall announce its findings by formal resolution not more than ten (10) days following the conclusion of the final hearing on any application for a change of zone, and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the Commission, make the approval or denial of the application necessary to carry out the general purposes of this Ordinance, and shall recommend to the City Council that an amendment to this Ordinance be adopted, or that the application be denied.

In the event the Planning Commission adopts a resolution recommending to the City Council that a proposed change of zone be approved, said resolution shall be adopted by a majority vote of the total voting membership of the Commission, except as may be required by law.

When the Commission's action is to recommend the adoption of an amendment to this Ordinance, the Commission shall, within seven (7) days from the date of such action, notify the applicant by forwarding a copy of the resolution to the applicant at the address shown on the application, and shall forward to the City Council a copy of said resolution, together with the complete file in the case.

When the action of the Commission is to deny an application, the Commission shall, within seven (7) days from the date of the adoption of its resolution, notify the applicant by forwarding a copy of the resolution to the address shown upon the application.

The action of the Planning Commission in denying an application for amendment shall be final and conclusive, unless, within ten (10) days following the date of notice of the decision by the Planning Commission, an appeal in writing is filed with the City Council by the applicant.

Upon receipt of a written appeal filed with the City Council by the applicant, as provided in this article, the Clerk of the City Council shall advise the Secretary of the Planning Commission, who shall transmit to said Clerk of the City Council the Planning Commission's complete record of the case.

When by resolution of intention the City Council has determined that public necessity, convenience and general welfare requires an amendment of this ordinance, a public hearing before the Council may be ordered, if deemed advisable. If a hearing has been had before the Planning Commission on the matter of an amendment and it has recommended to the Council that the proposed amendment be adopted or rejected, then the Council, within a period not to exceed forty (40) days, may take final action in adopting or rejecting the proposed amendment upon the facts found and the records furnished by the Planning Commission, or it may conduct a duly advertised public hearing on the matter. If a public hearing is ordered, notice of the hearing shall be given by publication of a notice of such hearing at least once in a newspaper having a general circulation in the City, not less than fifteen (15) days prior to the hearing and if the proposed amendment makes a change in an area of one block or less, notice of public hearing shall be mailed by certified mail, return receipt requested, to the owners, as shown by the records of the County Assessor, of lots or land of the area proposed to be changed by the amendment and within one hundred (100) feet, excluding public rights of way, of the area proposed to be changed. The hearing before the Council shall be a hearing de novo and all interested persons may appear and present evidence.

(Ord. No. 392, § 22, 8-7-73; Ord. No. 430, § 6, 9-6-77)

The action of the City Council on the application for amendment shall be by a majority vote of the entire membership of the City Council, except as may be required by law. The action of the City Council shall be final and conclusive.