(a) Purpose. The purpose of the code text and zoning map amendment procedure is to provide a process for amending the zoning map and text of this code.
(b) Applicability. This section shall apply to requests to amend the text of this zoning code or amend the Official Zoning Map of the City of Middletown, Ohio, hereafter referred to as the "zoning map."
(c) Initiation.
(1) For a zoning map amendment of a specific property, any person who has authority to file an application (see § 1226.02(a)) for such property may initiate an amendment by filing an application with the Development Code Administrator.
(2) City Council may initiate a code text or map amendment by referring a recommendation on an amendment to the Planning Commission by adopting a motion to make such an amendment.
(3) The Planning Commission may initiate a code text or map amendment by adopting a motion to make such amendment.
(d) Code text or map amendment review procedure. The review procedure for a code text or map amendment shall be as follows:
(1) Step 1 - Application.
A. For amendments that are not initiated by the Planning Commission or City Council, the applicant shall submit an application in accordance with § 1226.02, and with the provisions of this section.
B. Amendments initiated by City Council shall be referred to the Planning Commission for review.
(2) Step 2 - Staff review and staff report.
A. Upon determination that a text or zoning map amendment application is complete, the Development Code Administrator shall schedule the review of the application at the next available Planning Commission meeting.
B. Prior to the Planning Commission hearing for the text or map amendment, the Development Code Administrator shall review the application and prepare a staff report.
(3) Step 3 - Planning Commission review and recommendation.
A. The Planning Commission shall hold a public hearing on the code text or map amendment at its next regularly scheduled meeting or at a special meeting after the application is determined to be complete, subject to the submittal deadlines established by the Development Code Administrator.
B. Notification of the public hearing shall be provided in accordance with § 1226.02(i).
C. In reviewing the application, the Planning Commission shall at a minimum, consider the staff report from the Development Code Administrator and the review criteria of this section.
D. Within a reasonable amount of time from the close of the public hearing, the Planning Commission shall make a recommendation to City Council on the application. In making its recommendation, the Planning Commission may recommend approval, approval with some modification, or denial of the application.
(4) Step 4 - City Council review and decision.
A. Following receipt of the recommendation from the Planning Commission (Step 4), City Council shall set a time for a public hearing on the proposed amendment.
B. Notification of the public hearing shall be provided in accordance with § 1226.02(i).
C. City Council shall review a text or zoning map amendment application during a public hearing. In reviewing the application, City Council shall at a minimum, consider the staff report from the Development Code Administrator, recommendation from Planning Commission, and the review criteria of this section.
D. City Council shall adopt, adopt with some modification, or deny the recommendation of the Planning Commission. City Council shall not alter or make a decision that varies from the Planning Commission without a majority vote of City Council.
E. The effective date of any amendment shall be 30 days following final action by City Council unless subject to a referendum in accordance with the Ohio Revised Code.
(e) Review criteria. Recommendations and decisions on code text or map amendment applications shall be based on consideration of the following review criteria. Not all criteria may be applicable in each case, and each case shall be determined on its own facts.
(1) The proposed amendment is consistent with the master plan, other adopted City plans, and the stated purposes of this code;
(2) The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions;
(3) The proposed amendment will promote the public health, safety, and general welfare;
(4) The proposed amendment, if amending the zoning map, is consistent with the stated purpose of the proposed zoning district;
(5) The proposed amendment is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; and/or
(6) The proposed amendment is not likely to result in significant adverse impacts upon other property in the vicinity of the subject lot.
(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2018-44, passed 8-7-2018)