(a) Map and Text Amendments to this Ordinance may be initiated by any of the following methods:
(1) By referral of a proposed amendment to the Planning and Zoning Commission from City Council.
(2) By adoption of a motion of the Planning and Zoning Commission
(3) By the filing of a completed application by at least one (1) owner or lessee of property, or his/her designated agent, within the area proposed to be affected by the amendment.
Each year the City of Circleville Planning and Zoning Commission shall adopt a Zoning Amendment Schedule, which shall include monthly submittal deadlines for zoning amendment applications. The submittal deadline immediately following the submission of a completed application, as determined by the Zoning Inspector, shall be considered the "submittal date" of said application.
(b) Three copies and one electronic copy of an application must be submitted for an application for a Zoning Amendment. This application shall include the following information:
(1) A completed application on a form provided by the City that includes the name, address, phone number and email address of the applicant.
(2) A description of the proposed changes:
A. Proposed text changes, which shall include the existing text of the section(s) of the code to be revised. Proposed additions shall be shown in bold text and proposed deletions shown with a strikethrough.
B. Proposed map changes shall include:
i. A legal description, prepared, signed and stamped by a surveyor registered in the State of Ohio, of the Tract to be rezoned including all parcels within said Tract. An existing legal description on file with the Pickaway County Recorder's office may be utilized to meet this requirement.
ii. A map showing the Tract and surrounding properties within 200 feet of that shows property lines of the Tract and surrounding parcels.
iii. A list of property owners(s) within 200 feet, contiguous to, and directly across the street from the Tract to be rezoned and their addresses as they appear on the Pickaway County Auditor's current tax list. This requirement may be waived when the Tract proposed to be rezoned includes more than ten (10) parcels.
(3) Present use and district.
(4) Proposed use and district.
(5) Traffic study - when the uses permitted within a proposed zoning amendment can generate one hundred (100) or more a.m. or p.m. peak hour trips and/or more than five (500) hundred or more daily vehicle trips or when otherwise required by the Service Director. A traffic impact study, when required shall be signed and sealed by a Professional Engineer. Vehicle Trips per day shall be determined by utilizing the ITE Trip Generator Book (8th Edition or most current edition).
(6) A narrative statement explaining how the proposed changes will impact the adjacent neighborhood and the City as a whole.
(7) Any other information required by the Zoning Inspector to determine compliance with and enforcement of this Ordinance.
(8) The applicable fee, as determined by separate Ordinance adopted and periodically updated from time to time by City Council.
(c) Application/Review Process:
(1) Within forty-five (45) days of the Submittal Date, as defined in Section 1113.04(a), the Planning and Zoning Commission shall schedule and hold a public hearing on the proposed amendment and give notice in accordance with Section 1113.04(d). At the conclusion of the public hearing, the Planning and Zoning Commission shall render a recommendation that the proposed amendment be approved, approved with modifications, or disapproved.
(2) Within sixty (60) days of the date of the Planning and Zoning Commission's decision, City Council shall schedule and hold a public hearing and give notice of such hearing in accordance with Section 1113.04(d) At this public hearing, Council may refer the zoning amendment to a Committee of Council for review.
(3) If the rezoning is referred to a Committee of Council, said Committee shall hold a meeting and make a recommendation on the proposed rezoning within fourteen (14) days of the referral date from Council. A Committee's failure to comply with this fourteen (14) day requirement serves as a waiver of its review and recommendation.
(4) Within forty-five (45) days of the public hearing by City Council, the Council shall either approve, approve with modifications, or disapprove the Planning and Zoning Commission's recommendation. A concurring vote of at least three-fourths (3/4) of the Council membership shall be required to pass any zoning amendment which differs from the recommendation of the Planning and Zoning Commission. In no case, shall a zoning amendment be considered as having been adopted unless it receives at least a majority vote of the members of Council.
Time Line
For general guidance only - Time line not to be used for regulatory purposes - Code language in this document controls
45 days 60 days 45 days
Note: These time frames could be altered if an applicant requests a hearing to be continued.
(d) Public Hearing Notices. Prior to each of the required public hearings by the Planning and Zoning Commission and Council, the City shall give at least thirty (30) day notice of the time and location of the hearings in a newspaper of general circulation in the City. If the proposed amendment includes less than ten (10) parcels, as listed on the tax duplicate, the City shall provide written notice of each hearing, by first class mail, at least twenty (20) days before the date of each hearing to the owners of property within two hundred (200) feet, contiguous to and directly across the street of the parcels subject to the application. These notices shall be mailed to the addresses of such property as listed on the Pickaway County Auditor's current tax list. Failure of delivery of these notices shall not invalidate any proposed amendment.
(e) Application Display Period. The application for a proposed amendment shall be on display during the thirty-day notice period for both the Planning and Zoning Commission and Council public hearings. The application will include any text, maps, plans or reports submitted to the Planning and Zoning Commission or Council. The public may examine these materials in the Director of Public Service's office during normal business hours during this Application Display Period.
(f) Criteria. The Planning and Zoning Commission and Council shall give consideration to the following criteria in making a recommendation and taking action on a proposed zoning amendment:
(1) The compatibility of the proposed zoning amendment with the zoning of and recommendations of the adopted land use plan for surrounding area.
(2) The potential impact of the uses in the proposed districts in terms on traffic, storm water, utility demand, noise, and other impacts.
(3) The impacts of the proposed districts and uses on the health, safety and welfare of the community.
(g) Effective Date. Such amendment adopted by City Council shall become effective thirty (30) days after the date of Ordinance, subject to the provisions for referendum specified in the Ohio Revised Code. If the amendment as passed by City Council pertains to a change in the Official Zoning Map, such change shall be incorporated onto the Map by reference to the Ordinance Number and date of adoption.
(Ord. 02-13-2023. Passed 2-21-23.)