(a) Purpose. The purpose of the code text and zoning map amendment procedure is to provide a process for amending the boundaries of zoning districts on the zoning map and amending the text of this code.
(b) Applicability. This section shall apply to requests to amend the text of this code or amend the Official Zoning Map of the Village of Centerburg, Ohio, hereafter referred to as the "zoning map."
(c) Initiation.
(1) For a zoning map amendment of a specific property, any person who has authority to file an application (See Section 1103.06(a)(1).) for such property may initiate an amendment by filing an application with the Zoning Administrator.
(2) Only Village Council or the Planning Commission may initiate code text amendments, however, any member of the public may request that the Planning Commission or Village Council consider a text amendment during their respective public meetings.
(3) Village Council may initiate a code text or map amendment by motion referring a recommendation on an amendment to the Planning Commission.
(4) The Planning Commission may initiate a code text or map amendment by adopting a motion to make such amendment.
(d) Code Text or Map Amendment Review Procedure. The review procedure for a code text or map amendment shall be as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request a pre-application meeting with the Zoning Administrator or Planning Commission prior to applying for an amendment to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.06(d)(1).
(2) Step 2 - Application.
A. For amendments that are not initiated by the Planning Commission or Village Council, the applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
B. Amendments initiated by Village Council shall be referred to the Planning Commission for initiation of review.
(3) Step 3 - Notice to State Director of Transportation.
A. The Zoning Administrator shall give notice of the initiation of any proposed zoning map amendment that meets the following criteria to the State Director of Transportation in accordance with ORC 5511.01:
i. Amendments that affect any land within 300 feet of a proposed new highway; or
ii. Amendments that affect any land within 300 feet of any proposed changes to a highway as described in certification to local officials by the State Director of Transportation; or
iii. Amendments that affect any land within 500 feet from a proposed intersection of such a new highway and any existing public road or highway.
B. If the Director of Transportation's response is negative, the Planning Commission will stay their proceedings until the reason for the negative response is resolved.
(4) Step 4 - Planning Commission Review and Recommendation.
A. The Planning Commission shall review the code or map amendment application at a public hearing at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
C. In reviewing the application, Planning Commission shall at a minimum, consider the review considerations of this section.
D. Within thirty (30) days of the close of the public hearing, the Planning Commission shall make a recommendation to Village Council on the application. In making its recommendation, the Planning Commission may recommend approval, approval with some modification, or denial of the application.
(5) Step 5 - Village Council Review and Decision.
A. Following receipt of the recommendation from the Planning Commission (Step 4), the application shall be placed on Village Council's agenda for the next regularly scheduled meeting, if in compliance with notification requirements, or shall set a special meeting to hear the application. The Village Council shall set a time for a public hearing on the proposed amendment that is no more than sixty (60) days from receipt of the Planning Commission's recommendation.
C. Village Council shall hold a public hearing and review a text or zoning map amendment application during a public meeting. In reviewing the application, Village Council shall at a minimum, consider the recommendation from Planning Commission and the review considerations of this section.
D. Village Council shall review the recommendation of the Planning Commission and shall adopt, adopt with some modification, or deny the recommendation of the Planning Commission. Such action shall only require concurring vote of a simple majority of Village Council.
E. If the Village Council fails to make a decision within 180 calendar days, or an extended timeframe approved by the applicant, the application shall be deemed approved.
(e) Review Considerations. Recommendations and decisions on code text or map amendment applications shall be based on the following review considerations. Not all considerations may be applicable in each case, and each case shall be determined on its own facts.
(1) The proposed amendment is consistent with plans and policies adopted by the Village and the stated purposes of this code;
(2) The proposed amendment is desirable because of changing conditions, new planning concepts, or other social or economic conditions;
(3) The proposed amendment will promote the public health, safety, and general welfare;
(4) The proposed amendment, if amending the zoning map, is consistent with the stated purpose of the proposed zoning district;
(5) The proposed amendment will not have a significant impact on available public facilities, general expansion plans of the Village, and the Village's schedule for improvement of capital facilities;
(6) The proposed amendment is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated;
(7) The proposed amendment will not constitute spot zoning where special treatment is given to a particular property or property owner that would not be applicable to a similar property, under the same circumstances. and/or
(8) The proposed amendment is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract.
(Ord. 2023-16. Passed 6-5-23.)