(a) Purpose. The purpose of the code text and zoning map amendment procedure is to provide a process for amending the zoning map and/or text of this code.
(b) Applicability. This section shall apply to requests to amend the text of this code or amend the Zoning District Map of the City of Mount Vernon, Ohio.
(c) Initiation.
(1) For a zoning map amendment of a specific property, any person who has authority to file an application (See Section 1103.02(b).) for such property may initiate an amendment by filing an application with the ZEO. Where the application involves multiple properties, at least one person having authority to file an application for each property shall be required to sign the application.
(2) Only City Council or the MPC may initiate code text amendments, however, any member of the public may request that the MPC or City Council consider a text amendment during their respective public meetings.
(3) City Council may initiate a code text or map amendment by adopting a resolution that refers the amendment to the MPC.
(4) The MPC 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 - Pre-Application Meeting (Optional). An applicant may request to have a pre-application meeting with the ZEO and/or MPC to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.02(f).
(2) Step 2 - Application.
A. For amendments that are not initiated by the MPC or City Council, the applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section.
B. Amendments initiated by City Council shall be referred to the MPC for initiation of review.
C. Once the application is determined to be complete, the ZEO shall fix a date for a public hearing before the MPC (Step 4).
(3) Step 3 - Administrative Staff Review.
A. Upon determination that a text or zoning map amendment application is complete, the ZEO shall forward the application to the MPC and may distribute the application to other departments or agencies for review and comment.
B. The ZEO may consolidate any comments from the public received in advance of the hearing and comments from the any City departments or other agencies into a report for the MPC to review as part of Step 4.
(4) Step 4 - MPC Review and Recommendation.
A. The MPC shall review the amendment application at a public hearing at the next regularly scheduled MPC meeting or at a special meeting.
C. In addition to the general notification above, the ZEO shall give notice by registered or certified mail to the State Director of Transportation of the initiation of any proposed amendment that:
i. Affects any land within 300 feet of a proposed new highway; or
ii. Affects any land within 300 feet of any proposed changes to a highway as described in certification to local officials by the State Director of Transportation; or
iii. Affects any land within 500 feet from a proposed intersection of such a new highway and any existing public road or highway.
iv. If the Director of Transportation's response is negative, the MPC will stay their proceedings until the reason for the negative response is resolved.
D. In reviewing the application, MPC shall, at a minimum, consider the review criteria of this section.
E. The MPC shall make a recommendation to City Council regarding the application. In making its recommendation, the MPC may recommend approval, approval with some modification, or denial of the application.
F. If the MPC fails to make a recommendation within 30 days following the close of the public hearing, or an extended timeframe approved by the applicant, the application will move forward to Step 5 without a specific recommendation.
(5) Step 5 - City Council Review and Decision.
A. Following receipt of the recommendation from the MPC (Step 4), the application shall be placed on City Council's agenda for the next regularly scheduled meeting, if in compliance with notification requirements, or City Council shall set a time for a public hearing on the proposed amendment that is no more than sixty (60) days from receipt of the MPC's recommendation, or an extended timeframe approved by the applicant.
C. City Council shall review a text or zoning map amendment application during the public hearing. In reviewing the application, City Council shall, at a minimum, consider the recommendation from MPC, if made, and the review criteria of this section.
D. Within ninety (90) days of the close of the public hearing, City Council shall adopt, adopt with some modification, or deny the recommendation of the MPC.
i. If City Council moves to adopt the recommendation of MPC, such action shall only require concurring vote of four (4) members of City Council.
ii. If City Council moves to adopt the recommendation of MPC with some modification, or deny the recommendation, such action shall require a favorable vote of six (6) members of City Council.
E. No such ordinance shall be passed unless it has been fully and distinctly read on three (3) different days except that such ordinance may become emergency legislation if six (6) members of City Council vote to dispense with this rule.
(e) Review Criteria. The review of code text or map amendment applications by MPC and City Council 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 compatible with the use of adjacent land, adjacent zoning, and with land use plans for the general area;
(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, convenience, comfort, prosperity and general welfare;
(4) The proposed amendment, if amending the zoning map, is consistent with the stated purposes of the proposed zoning district;
(5) The proposed amendment, if amending the zoning map, follows lot lines or the centerlines of streets, railroads, or other rights-of-way, to the maximum extent feasible.
(6) 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;
(7) The proposed amendment will not constitute a significant impact on public facilities, general expansion plans of the City, and the City's schedule for improvement of capital facilities;
(8) The proposed amendment will not constitute spot zoning where special treatment is given to a particular property or property owner that would not be applicable to a similar property, under the same circumstances; and/or
(9) The proposed amendment is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract including, but not limited to, traffic flow and pedestrian safety.
(f) Effective Date And Referendum.
(1) Any text or zoning map amendment adopted by City Council shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the passage of the ordinance there is presented to the City Clerk a petition, signed by a number of qualified voters residing in the city equal to not less than ten percent (10%) of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting the City Council to submit the zoning amendment to the electors of the City for approval or rejection at the next general election.
(2) No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment has been approved by the voters, it shall take effect immediately.
(Ord. 2024-032. Passed 7-22-24.)