(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 Commission from City Council.
(2) By adoption of a motion of the Planning Commission
(3) By the filing of a completed application by at least one (1) owner or lessee of property, or their designated agent, within the area proposed to be affected by the amendment.
Each year the City of Lancaster Planning Commission shall adopt a Zoning Amendment Schedule, which shall include monthly submittal deadlines for Zoning amendment applications. The submittal deadline immediately following a motion, by the Planning Commission or City Council, or upon the submission of a completed application, as determined by the City Planner or designee, shall be considered the "submittal date" of said application.
(b) When a property owner files a Zoning amendment application, three (3) copies and one (1) electronic copy of said application must be submitted, and it 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:
1. 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 County Recorder's office may be utilized to meet this requirement.
2. A map showing the Tract and surrounding properties within two hundred (200) feet of that shows property lines of the Tract and surrounding parcels.
3. A list of property owners(s) within two hundred (200) feet, contiguous to, and directly across the street from the Tract to be rezoned and their addresses as they appear on the 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 City Planner or designee 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 thirty (30) days of the Submittal Date, as defined in Section 1159.02
(a), the Planning Commission shall schedule and hold a public hearing on the proposed amendment.
(2) The Planning Commission shall give notice of public hearing on any proposed Zoning changes as follows:
A. At least a twenty (20) day notice of the date, time, and place of the hearing by publication in a newspaper of general circulation in the City of Lancaster. Said notice shall include a map of the area to be affected which indicates street names or numbers, streams, or other significant landmarks in said area.
B, By posting of the affected property at least twenty (20) days before the date of the hearing. The notice shall state;
1. The date, time, and place of public hearing; and
2. Who will conduct the public hearing; and
3. The present and desired Zoning classifications; and
4. The proposed use of the property; and
5. Other information that may be necessary to provide adequate and timely public notice.
C. By mailing written notice to all owners of real property included in the proposed change and all owners contiguous to and directly across the street from the property included in the proposed change at least twenty (20) days prior to the hearing [when the proposed rezoning contains less than ten (10) parcels]. The notice shall contain:
1. The legal description of the property and the street address or approximate location in the City of Lancaster; and
2. The present Zoning of the property and the Zoning sought by the applicant; and
3. The date, time and place of the public hearing.
(3) Planning Commission Action on Zoning Map Amendments. Within thirty (30) days of the closing of the Planning Commission's public hearing, the Planning Commission shall vote to:
A. Recommend to the City Council that the application be approved as submitted, or as amended, or be approved subject to modification or;
B. Recommend to the City Council that the application be denied.
(4) Transmittal to Council. Within fifteen (15) days of the Planning Commission's action to recommend approval or approval subject to modifications, the City Planner or designee shall transmit the application, with the report and recommendation of the Planning Commission, to the City Council.
(5) Any application recommended for denial by the Planning Commission, shall not be further considered, unless the applicant within (fifteen)15 days from the date of the Planning. Commission action, files a written request with the Clerk of City Council for a hearing by the City Council. The request for hearing shall be accompanied by the payment of a fee pursuant to the adopted fee schedule. Upon notice of such request, the Planning Commission shall forthwith transmit the application and its report and recommendations to the Clerk of City Council.
(6) In the event the Planning Commission arrives at a tie vote, the City Planner or designee shall transmit the application, with a report and notation of the tie vote, to the Clerk of City Council within fifteen (15) days from the date of Planning Commission action.
(7) City Council Action on Zoning Map Amendments. The City Council shall hold a hearing on each application transmitted from the Planning Commission and on any proposed Zoning Map amendment initiated pursuant to Section 1159.02(
c). The City Council shall approve the application as submitted, or as amended, or approve the application subject to modification, or deny the application. Prior to the hearing on the proposed rezoning ordinance before the City Council, the applicant shall remit to the office of the Clerk of City Council a publication fee, said fee to be in accordance with the schedule of fees adopted by resolution of the City Council of the City of Lancaster. Council shall also provide a thirty (30) day notice of its public hearing. The notice requirements shall be the same as Section 1159.02(c
)(2).
(Ord. 15-23. Passed 8-14-23.)