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Vineyard City Zoning Code

15.10 Amendments

To The General Plan And Land Use Ordinances

The Vineyard General Plan, with its accompanying maps, shall be considered an advisory guide for all land use decisions, the guidance of growth and development occurring within the city, and the provision of required infrastructure and services provided by the city.

No amendment to any Land Use Ordinances, Zoning Districts Maps, or other Official Maps may be recommended by the Commission, or approved by the Council, unless such amendment is found to be consistent with the General Plan.

15.10.010 Public Uses To Conform

After the Council has adopted the General Plan, with its accompanying maps, no street, park, or other public way, ground, place, or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless:

  1. The use is found to be consistent with the General Plan, including all maps, all Land Use Ordinances, with their accompanying maps, or any other Official Map, or;
  2. An amendment to the General Plan, including all maps, all Land Use Ordinances, with their accompanying maps, or any other Official Map, has been considered by the Commission and, after receiving the recommendation of the Commission, has been approved by the Council as an amendment to the General Plan, Land Use Ordinances, or any other Official Map.

HISTORY
Adopted by Ord. 2005-04 passed 12/8/2005 eff. on 1/1/2006
Amended by Ord. 2016-13 on 9/28/2016

15.10.020 Amendments To Vineyard General Plan

A proposed amendment to the General Plan, including any accompanying maps, may be initiated by any property owner, any resident, any business owner, the Council, Commission, BOA, or Planner by filing a General Plan Amendment Application. An Application for an amendment to the General Plan shall be filed with the city by presenting a General Plan Amendment Application to the Planner.

HISTORY
Adopted by Ord. 2005-04 passed 12/8/2005 eff. on 1/1/2006
Amended by Ord. 2016-13 on 9/28/2016

15.10.030 Procedures For Amending The General Plan

  1. The procedures for the review and consideration of a General Plan Amendment Application are identified by Figure 5-1, herein.
  2. Determination of Application Completeness. A General Plan Amendment Application shall be reviewed and considered by the Planner for Application Completeness, as provided by VZC 15.24.060.
  3. Commission Public Hearing Required. Prior to recommending the adoption, rejection or revision of any General Plan Amendment Application, the Commission shall hold a public hearing in accordance with the procedures of this Ordinance, and LUDMA, and shall provide a minimum of ten (10) days notice of such hearing, as required by LUDMA and VZC 15.18.
  4. Commission Recommendation. Following the close of the public hearing, and at a subsequent meeting(s), the Commission shall formulate a recommendation on the General Plan Amendment Application to the Council.
  5. Commission Recommendation Transmitted to Council. After the Commission has considered the Application and made its recommendation, the Commission shall transmit to the Council a copy of the Commission’s recommendation and the meeting minutes, and all other relevant materials of the proceedings before the Commission. Following receipt of a copy of the General Plan Amendment recommendation from the Commission, and all other materials, the City Recorder, or Designee shall schedule a public hearing with the Council to consider the Commission’s recommendation of the General Plan Amendment Application.
  6. Council Public Hearing Required. The Council shall consider the General Plan Amendment Application recommendation of the Commission at a public hearing by providing a minimum of ten (10) days notice for the required Council public hearing, as required by VZC 15.18.
  7. Council Action. The Council may approve the General Plan Amendment Application, as presented, revise the proposed amendment and approve the proposed amendment as revised, or reject the proposed General Plan Amendment. If the Council approves the proposed amendment as submitted, or as revised, the Council shall adopt the General Plan Amendment by Ordinance.

    FIGURE 5-1 General Plan Amendment Application Procedures 
HISTORY
Adopted by Ord. 2005-04 passed 12/8/2005 eff. on 1/1/2006
Amended by Ord. 2008-07 on 10/22/2008
Amended by Ord. 2016-13 on 9/28/2016

15.10.040 Criteria For Approval Of General Plan Amendments

In considering a General Plan Amendment Application, the Commission and Council shall consider the following:

  1. The effect of the proposed amendment to advance the public health, welfare, and safety of residents of the city.
  2. The effect of the proposed amendment on the interests of Vineyard and its residents.
  3. The location of the proposed amendment as suitable for the uses and activities allowed by the proposed amendment, and the city, and all other service providers, as applicable, and all services required by the proposed uses and activities can be provided in a cost effective and efficient way.
  4. The compatibility of the proposed uses with nearby and adjoining properties.
  5. The suitability of the properties for the uses requested.
  6. The effect of the proposed amendment on the existing goals, objectives, and policies of the General Plan, and listing any revisions to this Ordinance, the Subdivision Ordinance, and any other Ordinances required to implement the amendment.
  7. The community benefit of the proposed amendment.
HISTORY
Adopted by Ord. 2005-04 passed 12/8/2005 eff. on 1/1/2006
Amended by Ord. 2016-13 on 9/28/2016

15.10.050 Effect Of General Plan Amendment

The approval of a General Plan Amendment Application shall not authorize the development of land. After a General Plan Amendment Application, has been approved by the Council, no development shall occur until the required Approvals, Permits and Licenses have been issued by the city consistent with the applicable Land Use Ordinances, adopted Building Codes, and all other applicable Ordinances and requirements.

HISTORY
Adopted by Ord. 2005-04 passed 12/8/2005 eff. on 1/1/2006
Amended by Ord. 2016-13 on 9/28/2016

15.10.060 Amendments To Land Use Ordinances, Zoning Districts Map, And Official Maps

A proposed amendment to any Land Use Ordinance, Zoning Districts Map or other Official Maps, may be initiated by any property owner, any resident, any business owner, the Council, Commission, BOA, Planner, or other city staff by filing a Land Use Ordinance, Zoning Districts Map Amendment, or other Official Maps Amendment Application with the Planner.

HISTORY
Adopted by Ord. 2005-04 passed 12/8/2005 eff. on 1/1/2006
Amended by Ord. 2016-13 on 9/28/2016

15.10.070 Procedures For Amending Land Use Ordinances, Zoning Districts Maps, And Other Official Maps Amendments

  1. The procedures for the review and consideration of a Zoning Ordinance Amendment Application, Zoning Districts Map Amendment, or Official Map Amendment Application are identified by Figure 5-2, herein.
  2. Determination of Application Completeness. An Application for a Zoning Ordinance Amendment, Zoning Districts Map Amendment, or Official Map Amendment Application shall be considered by the Planner for Application completeness, as provided by VZC 15.24.060.
  3. Commission Public Hearing Required. Prior to recommending a Land Use Ordinance, Zoning Districts Map, or Official Map Amendment Application to the Council, the Commission shall consider the Application at a public hearing by providing a minimum of ten (10) days notice of the Commission public hearing, as required by LUDMA, and VZC 15.18.
  4. Commission Recommendation. The Commission shall formulate a recommendation on the Land Use Ordinance Amendment, Zoning Districts Map, or Official Map Amendment Application to the Council.
  5. Commission Recommendation Transmitted to Council. After the Commission has conducted a public hearing, reviewed the Application, and made its recommendation, the Commission shall transmit to the Council a copy of the Commission’s recommendation and the meeting minutes, and all other relevant materials of the proceedings before the Commission. Following receipt of a copy of the Land Use Ordinance, Zoning Districts Map, or Official Map Amendment recommendation from the Commission, and all other materials, the City Recorder, or designee shall schedule a public hearing with the Council to consider the Commission recommendation of the Land Use Ordinance, Zoning Districts Map, or Official Map Amendment Application.
  6. Council Public Hearing Required. The Council shall consider a Land Use Ordinance, Zoning District Map, or Official Map Amendment recommendation of the Commission at a public hearing by providing a minimum of ten (10) days notice of the required Council public hearing, as required by VZC 15.18.
  7. Council Action. The Council may approve the Land Use Ordinance, Zoning Districts Map, or Official Map Amendment Application, as presented to the city, revise the proposed Amendment and approve the proposed amendment as revised, or deny the proposed Application. If the Council approves the proposed amendment as submitted or as revised, the Council shall adopt the Land Use Ordinance, Zoning Districts Map, or Official Map Amendment by Ordinance.

    FIGURE 5-2 Land Use Ordinance, Zoning Map, or Official Map Amendment Application Procedures
HISTORY
Adopted by Ord. 2005-04 passed 12/8/2005 eff. on 1/1/2006
Amended by Ord. 2008-08 on 10/22/2008
Amended by Ord. 2016-13 on 9/28/2016

15.10.080 Criterial For Approval Of A Land Use Ordinance, Zoning Districts Map, Or Official Map Amendment

In considering the amendment Application, the Commission and Council shall consider the following approval requirements:

  1. The effect of the proposed amendment to advance the public health, welfare, and safety of Vineyard residents.
  2. The effect of the proposed amendment on the interests of Vineyard and its residents.
  3. The compatibility of the proposed uses with nearby and adjoining properties.
  4. The suitability of the properties for the uses requested.
  5. The location of the proposed amendment as suitable for the uses and activities allowed by the proposed amendment, and the city, and all other service providers, as applicable, and all services required by the proposed uses and activities can be provided in a cost effective and efficient way.
  6. The consistency of the proposed amendment with the Vineyard General Plan, including all associated maps.
  7. The effect of the proposed amendment to implement the goals, objectives, and policies of the Vineyard General Plan, and listing any revisions necessary to all Land Use Ordinances, including this Ordinance, and any other Ordinances required to fully implement the proposed amendment.
HISTORY
Adopted by Ord. 2005-04 passed 12/8/2005 eff. on 1/1/2006
Amended by Ord. 2008-08 on 10/22/2008
Amended by Ord. 2016-13 on 9/28/2016

15.10.090 Effect On An Amendment To A Land Use Ordinance, Zoning Districts Map, Or Official Map

The approval of a Land Use Ordinance, Zoning Districts Map, or Official Map Amendment Application shall not authorize the development of land. After an amendment, has been approved by the Council, no development shall occur until the required Approvals, Permits, and Licenses have been issued by the city consistent with the applicable Land Use Ordinances, adopted Building Codes, and all other applicable Ordinances and requirements.

HISTORY
Adopted by Ord. 2005-04 passed 12/8/2005 eff. on 1/1/2006
Amended by Ord. 2016-13 on 9/28/2016

15.10.100 Temporary Land Use Regulations

As provided by LUDMA, and consistent with all requirements and procedures, as contained therein, the Council may, with or without a public hearing, enact a temporary land use regulation for any part, or all of the area within the city if the Council makes a finding of compelling, countervailing public interest; or the area is unregulated.

HISTORY
Adopted by Ord. 2005-04 passed 12/8/2005 eff. on 1/1/2006
Amended by Ord. 2016-13 on 9/28/2016

15.10.110 When Land Use Application Is Entitled To Action, Effect Of A Pending Land Use Ordinance, Zoning Districts Map, Official Map Amendment, Or Temporary Land Use Regulation

  1. An Applicant is entitled to action on a Land Use Application by the applicable Land Use Authority, consistent with the provisions and requirements of all applicable Land Use Ordinances, including this Ordinance, and all other Ordinances in effect on the date the Planner determines the Land Use Application to be complete and all fees have been paid unless:
    1. The Land Use Authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the Application; or
    2. In the manner provided by VZC 15.10.070, and before the Application is submitted, the city has formally initiated proceedings to amend its Land Use Ordinances, Zoning Districts Map, or Official Maps in a manner that would prohibit approval of the Application as submitted; or
    3. A temporary land use regulation, affecting the Land Use Application, has been enacted by the Council, as provided by VZC 15.10.100.
  2. A Land Use Authority shall process a Land Use Application without regard to proceedings initiated to amend the Land Use Ordinances, Zoning Districts Map, or Official Maps if:
    1. One hundred eighty (180) days have passed since the proceedings were initiated; and
    2. The proceedings have not resulted in an enactment that prohibits action on the Land Use Application, as submitted.
HISTORY
Adopted by Ord. 2005-04 passed 12/8/2005 eff. on 1/1/2006
Amended by Ord. 2016-13 on 9/28/2016

2005-04 passed 12/8/2005 eff.

2016-13

2008-07

2008-08