Title 18 ZONING*
Chapter 18.110 AMENDMENTS
18.110.010 Authority.
18.110.020 Petition-Made by whom.
18.110.030 Petition-Filing.
18.110.040 Petition-Fees.
18.110.050 Data required.
18.110.060 Hearing.
18.110.070 Zoning agency action and report.
18.110.080 County board action.
18.110.090 Notice of hearing published.
18.110.100 Protest against proposed amendment.
18.110.110 Effective date of amendment.
18.110.120 Zoning county owned lands.
18.110.010 Authority.
Pursuant to provisions of Section 65804 of the California Government Code,
the Madera County Board of Supervisors may amend the regulations of the zoning
ordinance codified herein or change the zoning district boundaries. (Ord. 525
§ 1(part), 1989).
18.110.020 Petition-Made by whom.
A petition for amendment of the zoning ordinance codified herein may be
made by any property owner in the area to be affected by the amendment, by any
member of the Madera County Board of Supervisors, by any member of the county
zoning agency, or by the county zoning administrator. (Ord. 525 § 1(part),
1989).
18.110.030 Petition-Filing.
Such petition shall be submitted on the form provided in triplicate
directly to the zoning administrator in order that notice of hearings and other
processing may be initiated without unnecessary delay. (Ord. 525 §
1(part), 1989).
18.110.040 Petition-Fees.
Any petition submitted by other than a government body or agency shall be
accompanied by a fee as specified by the board of supervisors, payable to the
Madera County zoning agency to defray the cost of advertising, investigation,
and other processing. (Ord. 525 § 1(part), 1989).
18.110.050 Data required.
In addition to all information required on the petition form, the
petitioner shall supply the following:
A. A plot map in triplicate, drawn to
a scale not greater than one hundred feet to the inch, showing the land in
question, its location, the length and direction of each boundary thereof, the
location and existing use of all structures and buildings on such land, and the
principal use of all properties within three hundred feet of such land. The plot
map should include a location map at one inch equals sixty feet showing the road
pattern, canals, railroads and streams;
B. The names and addresses of owners
of all properties within three hundred feet of any part of the land included in
the proposed change;
C. Description of the intended new use;
D. Any
further information which may be required by the zoning administrator to
facilitate the making of a comprehensive report to the Madera County Board of
Supervisors and the zoning agency. (Ord. 525 § 1(part), 1989).
18.110.060 Hearing.
As soon as practical after receipt of such petition, the county zoning
agency shall call a public hearing thereon in the manner prescribed below in
Section 18.110.090. (Ord. 525 § 1(part), 1989).
18.110.070 Zoning agency action and report.
As soon as possible after such public hearing, the county zoning agency
shall act on such petition either approving, modifying and approving, or
disapproving of the same. If its action is favorable to granting the requested
change, or any modification thereof, it shall cause a resolution to be drafted
effectuating its determination and shall submit such proposed ordinance directly
to the Madera County board of supervisors with its recommendations and findings.
If the county zoning agency, after its public hearing, shall recommend denial of
the petition, it shall report its recommendation directly to the Madera County
board of supervisors, together with its reasons for such action. Proof of the
publication of the notice of public hearing by the county zoning agency shall be
attached to either such report. (Ord. 525 § 1(part), 1989).
18.110.080 County board action.
Upon receipt of the report of the county zoning agency, the Madera County
Board of Supervisors may adopt an amending ordinance as recommended by the
county zoning agency or may adopt such ordinance with amendments, or it may
refuse to deny the petition for amendment as recommended by the county zoning
agency, in which case it may re-refer the petition to the county zoning agency,
with directions to draft a resolution to the board of supervisors concerning the
petition and report same back to the Madera County Board of Supervisors, which
may then adopt or reject such ordinance as the resolution recommends or may
re-refer the petition to the county zoning agency for reconsideration, including
possible further public hearing. No amendment shall be adopted by the board of
supervisors prior to their holding a public hearing upon notice. (Ord. 525
§ 1(part), 1989).
18.110.090 Notice of hearing published.
Notice of the time and place of public hearings provided in this chapter
shall be given pursuant to the requirements of Section 65091. (a) of the
California Government Code. (Ord. 525 § 1(part), 1989).
18.110.100 Protest against proposed amendment.
In case a protest against a proposed amendment is filed with the county
clerk at least twenty-four hours prior to the date of the meeting of the county
board of supervisors at which the report of the county zoning agency is to be
considered, duly signed and acknowledged by the owners of twenty percent or more
of the area proposed to be altered, or by the owners of at least twenty percent
of the frontage immediately in the rear or side boundaries thereof within three
hundred feet of the area proposed to be changed, or by the owners of at least
twenty percent of the frontage directly opposite and across the public street,
highway or alley from the area proposed to be altered, action on such ordinance
may be deferred until the county zoning administrator shall have had a
reasonable opportunity to ascertain and report to the county board of
supervisors as to the authenticity of such ownership statements. Each signer of
such protest shall state the amount of area or frontage owned by him and shall
include a description of the lands owned by him. If such statements are found to
be true, such ordinance shall not be adopted except by the affirmative vote of
four of the members of the county board of supervisors present and voting. If
such statements are found to be untrue to the extent that the required frontage
or area ownership is not present, such protest may be disregarded. (Ord. 525
§ 1(part), 1989).
18.110.110 Effective date of amendment.
Any such amendatory ordinance when so adopted shall, within ten days
thereafter, be submitted for publication to a newspaper of general circulation
encompassing the area of effect of the amendment. If the amendment includes a
change to the official zoning map of Madera County, a copy of the appropriate
official zoning map shall also be published with the ordinance amendment. Such
map may be prepared from the official zoning district map but may be modified
for the purpose of increasing clarity of reproduction in the newspaper by the
application of special cartographic techniques for this purpose. If such a
technique is used, the following statement shall accompany such map: “The
accompanying map has been prepared from the Official Zoning District Map of
Madera County which is on file for public inspection in the offices of the
County Zoning Administrator (County Planning Department).” It shall be the
duty of the county zoning administrator to prepare such map for use by the
county clerk in this notification. (Ord. 525 § 1(part), 1989).
18.110.120 Zoning county owned lands.
The county board of supervisors of Madera County may, by ordinance, zone
and rezone any lands owned by the county. The board of supervisors need not
refer such rezoning to the county zoning agency but shall hold a public hearing
on the proposed rezoning ordinance and give notice of such hearing by
advertisement in a newspaper of general circulation at least ten days prior to
the scheduled public hearing on the matter. (Ord. 525 § 1(part),
1989).
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