(a) General.
(1) Authority. Pursuant to and in accordance with West Virginia Code Chapters 8A-7-8, 8A-7-8a, and 8A-7-9, City Council upon recommendation by the City Planning Commission may, by ordinance, amend, supplement, change, modify or repeal the regulations and Zoning Districts established by this Ordinance. No such amendment shall be adopted by City Council unless and until:
A. City Council, with the advice of the Planning Commission, finds either that the amendment is consistent with the City’s Comprehensive Plan, or that the amendment is not consistent with the Comprehensive Plan but that there have been major changes of an economic, physical, or social nature within the area involved that were not anticipated when the Comprehensive Plan was adopted and that such major changes have substantially altered the basic characteristics of the area;
B. Planning Commission has held a public hearing (after public notice) regarding the amendment and submitted its findings and recommendation relative thereto to City Council; and
C. If the proposed amendment to this Ordinance involves a change in the Zoning Map classification of any parcel of land, or a change to the applicable Ordinance text regulations that changes the allowed Dwelling Unit density of any parcel of land, City Council shall, at least thirty (30) business days prior to the enactment of the proposed amendment if there is not an election, or at least thirty (30) business days prior to an election on the proposed amendment to the zoning ordinance:
1. Give written notice by certified mail to the landowner(s) whose property is directly involved in the proposed amendment to the Ordinance; and
2. Publish notice of the proposed amendment to the Ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II legal advertisement, in accordance with the provisions of West Virginia Code Chapter 59-3-1, et. seq.
(2) Proposal of Amendments. Amendments may be initiated by City Council, upon petition of the City Planning Commission, or upon petition by the Owners of fifty percent (50%) or more of the real property in the area to which the petition relates.
(b) Petitions for Zoning Amendment.
(1) A petition to amend regulations or the Zoning District boundaries of this Ordinance shall be obtained from the City Engineer/Planning Director or designee and completed in its entirety. A petition, when completed, shall be filed with the City Engineer/Planning Director or designee who will forward the petition to City Planning Commission so that a public hearing can be held.
(2) Zoning amendment petitions shall provide the following information, except that petitions by the City Planning Commission shall exclude petitioner-related information other than identification of the Planning Commission as the petitioner:
A. A legal description of the property;
B. A scaled map of the property, correlated with the legal description, and clearly showing the property's location;
C. The name, address and phone number of the petitioner(s);
D. The interest of the petitioner(s) in the property, and if the petitioner(s) is (are) not the Owner(s) of all the real property in the area to which the petition relates, the name and address of the other Owner(s);
E. Description of the present Use(s) of the property and existing Zoning District;
F. Description of the proposed Use(s) of the property and requested Zoning District;
G. Proposed text amendment pursuant to subsection (d)(4)B. below;
H. Area of the property in square feet and/or acres;
I. Time schedule for development;
J. Additional exhibits may be required by the City Engineer/Planning Director or designee such as a plot plan or site plan showing existing and proposed Structures, easements, Watercourses, curb cuts and description of the Uses of Adjacent Property that are necessary to describe existing or proposed conditions; and
K. Signature(s) of petitioner(s) certifying the accuracy of the required information.
(c) Application Fee. An application fee shall be required according to the City’s published Fee Schedule.
(d) City Planning Commission Hearing and Action.
(1) Public Hearing. The Planning Commission shall hold a public hearing on each proposed amendment, whether initiated by City Council, upon petition of the Planning Commission, or upon petition by the Owners of fifty percent (50%) or more of the real property in the area to which the petition relates. The Planning Commission shall select a reasonable hour and place for such public hearing, and it shall hold such hearing within sixty (60) business days from the date on which the subject petition was filed or the date of City Council’s referral of the amendment.
(2) Notice of Hearing.
A. At least thirty (30) business days prior to the scheduled hearing on the proposed amendment, the City Engineer/Planning Director or designee shall:
1. Publish either a Class I (amendments proposed by petition) or Class II (amendments proposed by the City) legal advertisement, in accordance with the provisions of West Virginia Code Chapter 59-3-1 et seq., giving notice of the public hearing on the proposed amendment in a local newspaper of general circulation in the area affected by the proposed Zoning Ordinance;
2. Give written notice by certified mail to the Landowner(s) whose property is directly involved in the proposed amendment and to all Landowners of Adjacent Property, to the subject property; Adjacent Property owners are identified as properties within one hundred (100) radial feet of the proposed zoning amendment; provided that, the failure of any party to actually receive such notice shall not invalidate any subsequent action taken; and
3. Ensure that the public notice of the proposed amendment is conspicuously posted at points along the boundary of the affected property sufficient to notify potentially interested citizens. The affected property shall be posted at least one (1) week prior to the date of the scheduled hearing.
B. Such public notices shall state the date, time and place of the hearing and shall contain a statement regarding the proposed change in regulations or restrictions, or the Zoning District classifications or boundaries of the property. If the proposed amendment would change the Zoning District classification of any property, or the boundaries of any Zoning District, such notice shall contain the legal description and street address or general street location of such property, its present Zoning District classification, and the proposed classification.
(3) Conduct of Hearing. The hearing shall be conducted with an accurate and complete audio record of all the Planning Commission’s proceedings and be accessible within 24 hours of a written request for a period of three (3) years. The Planning Commission may request a report on any proposed amendment from any governmental official or agency, or any other Person.
If such a report is made, a copy thereof shall be made available to the applicant and any other interested Persons and shall be available for review in the offices of the City Engineer/Planning Director or designee within three (3) days of the receipt of the report.
(4) Action by City Planning Commission.
A. Recommendations. Within forty-five (45) business days of the public hearing, the Planning Commission shall prepare and adopt its recommendations and shall submit the same in writing, together with a record of the hearing thereon, to City Council. Said recommendation may be for approval, disapproval or approval in part and reasons for the recommendations shall be included as appropriate.
B. Text Amendments. When a proposed amendment would result in a change in the text of this Ordinance but would not result in a change of Zoning District classification of any specific property, the recommendation of the Planning Commission shall contain a statement as to the nature and effect of such proposed amendment and determinations as to the following items:
1. Whether such change is consistent with the intent and purpose of this Ordinance;
2. Whether such change is consistent with the Martinsburg Comprehensive Plan;
3. The areas which are most likely to be directly affected by such change and in what way they will be affected; and
4. Whether the proposed amendment is made necessary because of changed or changing social values, new planning concepts or other socio-economic conditions in the areas and Zoning Districts affected.
C. In order to issue an approval of a zoning amendment, the Planning Commission must make the following findings regarding the zoning amendment change sought.
1. The proposed zoning amendment is in harmony with the purpose and intent of the Martinsburg Comprehensive Development Plan and of the zoning ordinance.
2. The proposed zoning amendment will not affect adversely the health, safety, or welfare, or constitute a public nuisance of persons residing or working about the proposed amendment and will not be detrimental to public welfare.
3. The proposed amendment will not be detrimental to the value of adjacent property or improvements in the neighborhood.
(e) City Council Action.
(1) Action by City Council. City Council shall consider the proposed amendment and may adopt the same by ordinance pursuant to West Virginia Code Chapter 8A-11-4. In considering the proposed amendment, City Council shall consider, but shall not be bound by, the findings and recommendations of the Planning Commission, as well as comments at its own public hearing. The adoption by City Council of any amendment to this Ordinance or the Zoning District boundaries, if such amendment renders the then existing Zoning Map inaccurate, shall be deemed the concurrent adoption of a revised official Zoning Map that accurately reflects the effect of the amendment, and authorization for the City Engineer/Planning Director or designee to have prepared and certified such revised Zoning Map.
(f) Disapproval of Amendment. If an amendment petition by Owners is denied by City Council, no further action on another petition by the Owners for the same proposal shall be taken until after twelve (12) months from the date of such denial. However, if circumstances of the disapproved proposal change from the City Engineer/Planning Director or designee’s perspective then a new petition by Owners may be submitted for the City’s consideration pursuant to the application and hearing process described in this Section 1321.12
this Ordinance.
(Ord. 2021-07. Passed 7-21-21.)