(a) Initiation. A text amendment may be initiated by the Chair of the Planning Commission, by adoption of a motion by Council or the Planning Commission, or by application to Planning Commission by a landowner or a resident of the City of Oxford.
A map amendment may be initiated by adoption of a motion by Planning Commission, by adoption of a motion by Council, or by application to Planning Commission by at least one owner of the property within the area proposed to be rezoned.
(1) Referral to Planning Commission. After the proper initiation of a text amendment, the Zoning Administrator shall place the item on the Planning Commission agenda as required by Section 1129.09, Application Administration.
(b) Application. If Planning Commission or Council initiates an amendment, then the Zoning Administrator shall provide information as necessary for proper consideration of the motion. The information provided shall be substantially similar to that required of an application for amendment.
An application for amendment shall be filed with the Zoning Administrator. An application shall be complete prior to being scheduled for a public hearing. An application will be considered complete only if the Zoning Administrator is satisfied that all of the materials required by this chapter are included and are sufficient in their content to satisfy the intent of the application requirements.
(1) Contents of application. The applicant shall contact the Zoning Administrator prior to submitting an application to discuss the submission requirement, which includes the following information. A written, detailed description, where applicable, is required for each subsection.
All applications:
A. Application Fee.
B. The name, mailing address, and telephone number of the applicant.
C. A general description of the proposed amendment.
D. A narrative statement that describes how the proposed amendment relates to the Comprehensive Plan.
E. A statement that identifies potential negative consequences of the proposed amendment.
F. Such other information regarding the proposed amendment as may be pertinent to the application or required by Planning Commission or Council.
Also required for text amendments:
A. Any existing section number and text that is proposed to be deleted or amended.
B. Any new or amended text as it is proposed to be codified including its proposed location in the Code. (section numbers)
C. A narrative statement that describes the expected effects of the proposed text.
D. A narrative statement that compares the expected effects of the proposed text with any existing text that it will replace, if applicable.
Also required for map amendments:
A. A legal description of the area to be rezoned.
B. The proposed zoning of the area.
C. The current zoning of the area.
D. A description of existing uses in the area.
E. A vicinity map, at a scale approved by the Zoning Administrator, showing property lines, streets, existing and proposed zoning and other items required by the Zoning Administrator.
F. A list of the names and mailing addresses of all owners of land that is proposed to be rezoned and all land owners within 200 feet of every parcel proposed to be rezoned.
(2) Reapplication. No application for a Zoning Code amendment that is substantially similar to an application that has been denied, wholly or in part, shall be accepted for one year from the date of denial. The Zoning Administrator shall determine if a similar application differs enough to be considered a different application and not subject to this section. The Zoning Administrator may consider factors such as the nature or size of a proposal, changes in the development or traffic patterns of the area, or newly discovered evidence pertinent to a decision on a previous application.
An applicant may appeal the decision of the Zoning Administrator to the Board of Zoning Appeals.
(c) Planning Commission and Council Review. The Planning Commission shall base its recommendation on a proposed Zoning Code amendment upon the complete application, upon any staff report, and upon any relevant and credible public comment presented during the public hearing. Council shall base its decision on the same materials and shall also consider the Planning Commission recommendation.
If the Planning Commission or Council finds that the information provided is insufficient to make a determination, it may suspend its review until sufficient information has been provided.
(1) Decision standards. A proposed amendment shall be approved only if it meets at least one of the following criteria, and if its benefits will likely outweigh any potential pitfalls.
Text Amendments
A. The proposed amendment will make the Code conform more closely with the Comprehensive Plan.
B. The proposed amendment will improve the public health, safety, and general welfare of Oxford.
C. The proposed amendment will clarify the intent of the Code.
D. The proposed amendment will better implement the intent of the Code.
E. The proposed amendment will improve enforcement of the Code.
Map Amendments
A. There is an error on the Official Zoning Map or in the delineations between districts thereon.
B. The proposed amendment will make the map conform more closely with the Comprehensive Plan.
C. There has been a substantial change in area conditions that necessitates the amendment.
D. There is a legitimate need for additional land area in the zoning district that will be expanded.
(d) Action by Planning Commission and Council.
(1) The Planning Commission shall recommend to Council approval, approval with modifications, or denial of an application as presented and shall clearly state the findings upon which its recommendation is based.
(2) Council shall base its decision on the recommendation of Planning Commission and the decision standards of this section.
(e) Implementation of Amendment.
(1) The Zoning Administrator shall implement all Code amendments approved by Council when the ordinance approving the amendment becomes effective, regardless of when the amendment appears in the Zoning Code text or on the Zoning Map.
(2) Zoning Code amendments do not expire.
(Ord. 2907. Passed 5-2-06.)