(a) Meeting with Planning and Zoning Commission. An application for a map amendment initiated by the property owner or person authorized by the owner within the area proposed to be changed or affected by the amendment shall be submitted and reviewed. Prior to submitting an application for an amendment to the Zoning Map, the applicant shall appear before the Planning and Zoning Commission to informally discuss the proposed rezoning. However, no action shall be taken at such meeting and discussions, opinions, suggestions or recommendations of the Planning and Zoning Commission shall not be considered by the applicant as approval or disapproval by the Commission.
(b) Application. An application to amend the Zoning Ordinance shall be filed with the Zoning Inspector. Applications for amendments to the Zoning Map shall contain the following information:
(1) Name, address, phone number and e-mail address of the applicant;
(2) An accurate legal description of the parcel(s) proposed to be rezoned, drawn by a registered surveyor;
(3) A statement of the reason(s) for the proposed amendment;
(4) Present use and zoning districts of subject property and adjoining properties;
(5) Proposed use and zoning district; and
(6) A Preliminary Development Plan at a scale of not more than 50 feet to one inch shall include the following.
A. Survey. A survey of the property by a registered surveyor showing topography at two foot intervals; land owned and proposed for development, adjoining lots and location of oil and gas well easements on the subject property and on adjoining properties.
B. Buildings. The location, area, height and use of all existing and proposed main and accessory buildings; distances of buildings to property lines and nearest buildings on adjoining properties.
C. Traffic. The proposed system of on-site vehicular circulation and location of access drives.
D. Parking areas. The layout and estimate of the number of spaces; distances from parking areas and drives to property lines.
E. Signs. The location, size and height of all signs to be placed on the property.
F. Landscaping. The location and sizes of areas to be landscaped.
G. Stormwater. The proposed method for managing stormwater.
H. Utilities. The type and location of water supply; the method of treating sanitary sewage.
I. Environmental Overlay District. The location of any of the environmental elements on the property.
(7) The names and addresses of the owners of all properties within 500 feet of the subject property as shown on the current record of the County Auditor of Lake County;
(8) A statement on how the proposed map amendment relates to the Comprehensive Plan of the City of Kirtland;
(9) Payment of the application fee in an amount established by City Council. After the filing of an application, the Zoning Inspector shall transmit the application to the Planning and Zoning Commission for its consideration and recommendation at the next regularly scheduled meeting, provided such application is received by the Zoning Inspector at least 15 days prior to the scheduled meeting.
(c) Notice and public hearing by Planning and Zoning Commission. Within 45 days of receipt of the application, or extension thereof, the Planning and Zoning Commission shall hold a public hearing. A written notice of the hearing shall be mailed by the Planning and Zoning Commission, by first class mail, at least 15 days prior to the date of hearing, to all owners of property within 500 feet of the area proposed to be changed, using for this purpose the names and addresses of such owners as shown upon the records of the Auditor of Lake County or the list of property owners furnished by the applicant under § 1299.03(b). The Commission shall further cause publication of notice to such hearing to be made at least once in a newspaper of general circulation, at least 15 days prior to the date of the hearing. The published notice shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that opportunity to be heard will be afforded to any person interested. During such 15 days the text of the proposed ordinance or amendment, the maps or plans shall be on file for public examination in the office of the Zoning Inspector.
(d) Recommendation by Planning and Zoning Commission.
(1) The Planning and Zoning Commission shall recommend one of the following:
A. That the amendment be approved as requested;
B. That the amendment be approved as modified by the Planning and Zoning Commission as the Commission may deem reasonable or necessary; or
C. That the amendment be denied.
(2) The Planning and Zoning Commission shall take action on the proposed amendment within 45 days from the meeting at which the application for the amendment was received from the Zoning Inspector unless an extension of time has been agreed upon by the applicant.
(e) Notice and public hearing by Council. Upon receipt of the recommendation from the Planning and Zoning Commission, Council shall set a time for a public hearing on the proposed amendment. Notice of the public hearing shall be given by Council by at least one publication in one or more newspapers of general circulation in the city. The notice shall be published at least 15 days before the date of the required hearing. The published notice shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that opportunity to be heard will be afforded to any person interested. During such 15 days, the text of the proposed ordinance or amendment, the maps or plans, if applicable, and the recommendations of the Planning and Zoning Commission shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council.
(f) Notice to property owners by Council. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least 15 days before the day of the public hearing to all owners of property within 500 feet of such area proposed to be rezoned or redistricted to the names and addresses of owners as shown upon the records of the Auditor of Lake County. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (c) hereof. Failure of delivery of such notice shall not invalidate any such amendment.
(g) Action by Council.
(1) After the public hearing required by subsection (e) hereof, Council shall either adopt or deny the recommendation of the Planning and Zoning Commission or adopt some modification thereof. Concurrence by a majority of the full Council members shall be required to adopt, amend or overrule the recommendation of the Planning and Zoning Commission.
(2) Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement, if such amendment to the proposal shall be germane to the subject matter thereof and is in accordance with the recommendation of the Planning and Zoning Commission. Council approval, with modification of the recommendation of the Planning and Zoning Commission, shall not be considered as overruling such Commission recommendation.
(Ord. 07-O-16, passed 7-16-2007)