A. Definition: Zoning amendments include amendments to the Official Zoning Map and/or to the UDO text. A person, corporation, Planning Commission, or City Council may initiate amendments. The City Planner, Planning Commission and City Council shall review amendments.
B. Amendment Process: Amendments may be initiated in one of the following ways:
1. By the filing of an application to Planning Commission by the owners or agent of the owner of the property within the area proposed to be affected or changed by said amendment;
2. By the adoption of a motion by the Planning Commission; or
3. By the adoption of a motion by City Council and referral to the Planning Commission.
All text and map amendments shall follow the same procedure. City Council initiated text or map amendments shall be referred to Planning Commission for recommendation prior to Council consideration.
C. Standards for Approval: The following criteria shall be followed in approving zoning map and text amendments to the UDO (Ord. 17-14):
1. That the zoning district classification and use of the land will not materially endanger the public health or safety;
2. That the proposed zoning district classification and use of the land is reasonably necessary for the public health or general welfare, such as by enhancing the successful operation of the surrounding area in its basic community function or by providing an essential service to the community or region;
3. That the proposed zoning district classification and use of the land will not substantially injure the value of the abutting property;
4. That the proposed zoning district classification and use of the land will be in harmony with the scale, bulk, coverage, density, and character of the area the neighborhood in which it is located;
5. That the proposed zoning district classification and use of the land will generally conform with the Create the Vision Comprehensive Plan and other official plans of the City;
6. That the proposed zoning district classification and use of the land are appropriately located with respect to transportation facilities, utilities, fire and police protection, waste disposal, and similar characteristics; and
7. That the proposed zoning district classification and use of the land will not cause undue traffic congestion or create a traffic hazard.
D. Amendment Process Steps: Amendments to the UDO text or map shall be submitted according to the following steps:
1. Pre-application Meeting: The applicant shall meet with the City Planner prior to submitting an application for an amendment. The purpose of the meeting is to discuss the proposal and to provide feedback regarding applicable standards and requirements;
2. Preliminary Review by City Planner: Upon receipt of an application, the City Planner shall, within 10 business days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the City Planner shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. If it is complete, the City Planner shall forward the application to the members of the TRC, if applicable. A complete application package shall be forwarded to Planning Commission;
3. Review by the TRC: The members of the TRC shall review the application and forward comments within five (5) business days to the City Planner, who shall then forward the comments of the TRC to the Planning Commission;
4. Public Hearing and Notice: See Article 5.06
5. Notice to Property Owners: See Article 5.06
6. Planning Commission Public Hearing: The Planning Commission shall review the application at a public hearing and recommend action to the City Council;
7. Planning Commission Recommendation: The Planning Commission may recommend that the amendment be approved as requested; approved with modifications by the Planning Commission; or be denied. Planning Commission shall indicate the specific reasons(s) for its recommendation. A recommendation for approval or approval with modifications shall be forwarded to the City Council in ordinance form;
8. Notice by City Council and Public Hearing: Following receipt of the recommendation from Planning Commission, the City Council shall introduce the proposed ordinance at a regular or special meeting in accordance with the provisions of the City Charter. The City Clerk shall schedule a public hearing on the proposed amendment; See Article 5.06
9. Action by City Council: After the public hearing, the City Council shall adopt by a majority vote of the full membership of City Council the Planning Commission's recommendation; deny the recommendation; or adopt some modification thereof; and,
10. Effective Date: The amendment shall be effective 30 days following approval by the City Council unless otherwise indicated by emergency legislation.
E. Submittal Requirements: The following information shall be submitted:
1. The name(s), parcel address(s), mailing address(s), e-mail address(s) and telephone numbers of the applicant(s), and the property owner(s) or designated agent if other than the applicant(s);
2. Legal description of the parcel(s) to be rezoned, drawn by a surveyor registered in the State of Ohio;
3. A statement of the reason(s) for the proposed amendment;
4. Present use and zoning district;
5. Proposed use and zoning district of the subject site plus all parcels within 500 feet;
6. A vicinity map at a scale determined by the City Planner showing property lines, existing and proposed zoning, thoroughfares, and such other items as the City Planner may require;
7. The applicant shall provide a list (available from the County Auditor's current tax list) of all property owners within 500 feet of the subject property including any property owner located in an adjoining community;
8. A statement on the ways in which the proposed amendment relates to the Community Plan;
9. The payment of the application fee as established by City Council; and
10. Electronic files of all developments, plans, subdivisions and other required information in a format defined by the City Planner.
F. Incidental UDO Text Amendments: Incidental amendments to the UDO text may be made by the City Planner or his/her designee without the adoption of a motion by the Planning Commission or City Council provided all of the following criteria are met:
1. The incidental amendment(s) do not change, nullify, modify, or alter the explicit or intended meaning of the text;
2. The incidental amendment(s) are limited to the correction or removal of misspelled words, duplicative words, misplaced or misused punctuation marks, excessive spacing between lines of text, excessive spacing between individual words, incorrect indentation of lines of text, pagination errors, incorrect section or table references, or errors in the sequencing of subsection letters, numbers, or symbols; and
3. The incidental amendment(s) shall be reviewed and approved by the Municipal Attorney. (Ord. 17-13)