(a) Definition: Zoning amendments are legislative actions that make amendments to the Official Zoning Map and/or to the UDO text. Amendments may be initiated by the owners of the property or their designated representative; by the Planning Board, upon its own motion; or upon the recommendation to Planning Board from City Council. After the City Engineer and the TRC review the proposed amendment, the Planning Board shall make a recommendation on the amendment to Council, and Council either approves or disapproves the amendment.
(b) Initiation of Amendments:
(1) Amendments may be initiated in one of the following ways:
A. By the filing of an application to the Planning Board by the owners of property proposed to rezoned by the amendment, or their designated representative;
B. By the adoption of a motion by the Planning Board; or
C. By the adoption of a motion by Council and referral to the Planning Board.
(2) All text and map amendments shall follow the same procedure. Council initiated text or map amendments shall be referred to the Planning Board for recommendation, prior to Council consideration.
(c) Submittal Requirements:
(1) Each request for a Zoning Amendment shall include an application form, provided by the City, with the submittal;
(2) The TRC shall make the determination as to completeness, and only complete applications shall be processed by the City;
(3) The City Engineer may request additional supporting information that in his professional judgment is necessary to fully explain the applicant’s proposal. The applicant shall supply the requested additional information;
(4) The name(s), address(s), and telephone numbers of the applicant(s), and the property owner(s) if other than the applicant(s) with a notarized letter of authorization from the property owner;
(5) Legal description of the parcel(s) to be rezoned, drawn by a surveyor registered in the State of Ohio;
(6) A statement of the reason(s) for the proposed amendment;
(7) Present use and zoning district;
(8) Proposed use and zoning district of the subject site;
(9) A list of all owners of property that are contiguous to the parcel or lot proposed to be rezoned or redistricted or that are across the street from it. (The list shall based upon the Preble County Auditor’s current tax lists);
(10) A vicinity map at a scale approved by the City Engineer showing property lines, thoroughfares, existing and proposed zoning, and such other items as the City Engineer may require;
(11) A statement on the ways in which the proposed amendment relates to the Comprehensive Development Plan; and
(12) The payment of the application fee as established in Section 1105.09.
(d) Amendment Process: Amendments to the UDO text or map shall be submitted and reviewed according to the following steps:
(1) Pre-application Meeting: If necessary, and as determined by the applicant and the City Engineer, the applicant shall meet with the TRC 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) Formal Application Submittal: The applicant shall submit an application meeting all of the applicable requirements of the UDO. All applications shall be submitted by the application deadline established by the City Manager.
(3) Review by the TRC: Upon receipt of an application, the City Engineer shall forward the application to the TRC. The TRC shall review the application for completeness, and if the application is incomplete, 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 the application is deemed complete and the application fee has been paid, the TRC shall recommend to the City Engineer that the City officially accept the application. Only complete applications will be forwarded to the Planning Board.
(4) Notice of Public Hearing Before Planning Board: Upon determination by the TRC that an application contains all the necessary and required information, the City Engineer shall place the application on Planning Board’s agenda and schedule a public hearing on the proposed amendment. Notice of the hearing shall be provided at least once in one or more newspapers of general circulation in the City. The notice shall be published at least five (5) days before the date of the hearing. The notice shall state the time and place of the hearing and a summary of the proposed amendment. The text of the proposed amendment, maps, and plans (if applicable) shall be kept on file for public examination in the office of the City Engineer.
(5) Notice to Property Owners of Public Hearing Before Planning Board: If the proposed amendment intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the public hearing shall be provided to all owners of property that are contiguous to the parcel or lot proposed to be rezoned or redistricted or that are across the street from it. The applicant shall provide to the City Engineer a list (based upon the Preble County Auditor’s current tax lists) of the owners of property that are contiguous to the parcel or lot proposed to be rezoned or redistricted or that are across the street from it. Such notice shall be sent by the City via regular mail, at least seven (7) days before the date of the hearing, addressed to the owners appearing on the list provided by the applicant and as verified by City staff. If an application is tabled at the request of the applicant, or due to incompleteness of the application submitted by the applicant, and the public hearing postponed, the cost of mailing the required further notices shall be borne by the applicant.
(6) Preparation of Staff Report: The City Engineer shall prepare a staff report providing an analysis of the proposal and a recommendation. The City Engineer shall consider comments from the TRC in formulating his recommendation. The application and all supplemental information filed with the application shall be forwarded to the Planning Board at least three (3) working days prior to the meeting at which the Planning Board will consider the application. At said meeting, the City Engineer shall present his report to the Planning Board.
(7) Planning Board Hearing and Recommendation: The Planning Board shall review the application and recommend to City Council that the amendment be granted as requested; be granted as modified by Planning Board; or be denied. The Planning Board shall indicate specific reasons for its recommendation.
(8) Notice of Public Hearing Before Council: Following receipt of the recommendation from the Planning Board, the Clerk of Council shall schedule a public hearing on the proposed amendment. Notice of the hearing shall be provided at least once in one or more newspapers of general circulation in the City. The notice shall be published at least five (5) days before the date of the hearing. The notice shall state the time and place of the hearing and a summary of the proposed amendment.
(9) Notice to Property Owners of Public Hearing Before Council: Notice of the public hearing shall be given by the Clerk of Council. Such notice shall be sent by via regular mail, at least seven (7) days before the date of the hearing, addressed to the owners appearing on the list provided by the applicant and as verified by City staff. If an application is tabled at the request of the applicant or due to incompleteness of the application submitted by the applicant, and the public hearing postponed, the cost of mailing the required further notices shall be borne by the applicant.
(10) Action by City Council: After holding the public hearing, City Council shall either approve the amendment, approve the amendment with modifications, or deny the amendment.
(e) Standards for Approval: The Planning Board and the City Council shall consider the following criteria in approving all zoning amendments:
(1) The proposed zoning district classification and use of the land will not materially endanger the public health or safety; and
(2) 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; and
(3) The proposed zoning district classification and use of the land will not substantially injure the value of the abutting property; and
(4) 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; and
(5) The proposed zoning district classification and use of the land will generally conform with the Comprehensive Land Development Plan and other official plans of the City, unless actual development within the area or changes in the conditions of the area makes conforming to the Comprehensive Development Plan impractical; and
(6) 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) The proposed zoning district classification and use of the land will not cause undo traffic congestion or create a traffic hazard.
(f) Effective Date: If approved, the amendment shall be effective thirty (30) days following approval by Council, unless otherwise indicated by emergency legislation.
(Ord. 05-13. Passed 11-7-05.)