(a) Purpose. City Council may amend the text of this Code or the Zoning Map pursuant to the procedure set forth in this section. The purpose of a text or map amendment is to make adjustments due to changed conditions, changes in public policy, recommendations of the comprehensive plan, or that are necessary to advance the health, safety, and general welfare of the City.
(b) Applicability. This section shall apply to requests to amend the text of this Code or the Official Zoning Map of the City of Defiance, hereafter referred to as the "Zoning Map."
(c) Initiation.
(1) Any person having authority to file applications may initiate an application for amendment pursuant to Section 1165.02(a) Authority to File Applications;
(2) The Planning Commission may make a motion to initiate a text or map amendment; or
(3) City Council may initiate a text or Zoning Map amendment by recommendation or referral to the Planning Commission.
(d) Procedure. The review procedure for a text or zoning map amendment shall be as follows:
(1) Step 1 - Pre-Application Meeting.
A. If the amendment process is initiated by the property owner or the property owner's authorized agent, the applicant shall meet with the Zoning Commissioner for a pre-application meeting prior to submitting an application for review of a proposed text or map amendment.
B. The applicant shall supply preliminary information to the Zoning Commissioner in a form established by the engineering division for use at the pre-application meeting. Such information shall be submitted at least three business days prior to the scheduled pre-application meeting.
C. The purpose of the pre-application meeting shall be to discuss the proposed development, review submittal requirements, and discuss compliance with the provisions of this Code and the comprehensive plan prior to the submittal of an application.
(2) Step 2 - Application.
A. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
B. Amendments initiated by Planning Commission shall be accompanied by the motion pertaining to such amendments.
C. Amendments initiated by City Council shall be referred to the Planning Commission for review.
(3) Step 3 - Review of Application by Zoning Commissioner.
A. Prior to the Planning Commission meeting where the text or map amendment is scheduled for review, the Zoning Commissioner shall review the application for completeness and prepare a staff report.
B. Upon determination that a text or Zoning Map amendment application is complete, the Zoning Commissioner shall refer the application to the Planning Commission for review.
(4) Step 4 - Planning Commission Review and Recommendation.
A. Planning Commission shall review and make a recommendation on the text or zoning map amendment application during a public hearing and give public notice in accordance with Subsection 1165.02(h) Public Notification for Public Hearings.
B. The Planning Commission shall review and recommend approval, approval with some modification, or disapproval of the application to City Council.
C. Following the recommendation on the proposed amendment, the Planning Commission shall, within a reasonable amount of time, advise City Council on its recommendation and include a statement setting forth the reasons and substantiation for such recommendation.
(5) Step 5 - City Council Review and Decision.
A. Following the receipt of the recommendation from the Planning Commission (Step 4), City Council shall hold a public hearing on the application for an amendment and give public notice in accordance with Subsection 1165.02(h) Public Notification for Public Hearings.
B. After the public hearing, City Council shall either adopt or deny the recommendations of the Planning Commission, or adopt some modification thereof.
C. No ordinance, measure, or regulation, which differs from or departs from the plan or report submitted by the Planning Commission, shall take effect unless passed or approved by not less than three-fourths of the membership of the City Council.
(e) Review Criteria. Recommendations and decisions on a text or map amendment shall be based on consideration of the following criteria. Not all criteria may be applicable in each case, and each case shall be determined on its own facts.
(1) Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact since the time that the original text or map designations were established;
(2) Whether the proposed amendment is consistent with the comprehensive plan or other applicable city plans;
(3) Whether the proposed amendment is consistent with the purpose of this Code;
(4) Whether, and the extent to which, the proposed amendment addresses a demonstrated community need;
(5) Whether the proposed amendment will protect the health, safety, morals, and general welfare of the public;
(6) Whether the proposed amendment will result in significant mitigation of adverse impacts on the natural environment, including air, water, noise, storm water management, wildlife, and vegetation;
(7) Whether the proposed amendment will ensure efficient development within the City; and
(8) Whether the proposed amendment will result in a logical and orderly development pattern.
(f) CO College Overlay District. Applications for changes to CO College Overlay District boundaries are subject to the additional requirements in Subsection 1169.09(a).
(g) Planned Unit Developments. Planned Unit Developments (PUDs) shall be subject to the review procedure established in Chapter 1171 Planned Unit Development Overlay District Regulations.
(Ord. 7675. Passed 11-11-14.)