It is the intention of Council that Zoning Map amendments be processed in the shortest time period consistent with thoughtful and appropriate land use decision making. The Development Services Director shall recommend hearing dates consistent with this policy.
(a) Initiation; Conditions for Acceptance. Amendments or supplements to this Zoning Code may be initiated by motion of the Planning and Zoning Commission, by the passage of a motion or resolution by Council or by the filing with the Planning and Zoning Commission of an application by one or more of the owners, lessees or agents of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Planning and Zoning Commission. Council shall approve an application for a text amendment, whether to the zoning text or to the Official Zoning District Map(s), only if the request for a change of zoning is for one or more of the following reasons:
(1) There is manifest error in the original Zoning Code text and/or designations on the Official Zoning District Map(s).
(2) The change will be in accordance with, or in more appropriate conformity to, any existing land use plans for the area under consideration.
(3) There has been substantial change in area conditions.
(4) The change represents a legitimate requirement for additional or reduced land area for the particular zoning district.
(b) Map Changes. A Zoning Map change instituted by the Planning and Zoning Commission or Council shall have those elements of the required application which the Commission or Council deems necessary. There shall be no fee for such action.
(c) Applications. All applications filed by the owner(s) or lessee(s) of the property within the area proposed to be changed or affected by the proposed amendment or supplement, or by their agents, shall include the following:
(1) A description or statement of the present and proposed provisions of this Code or the proposed change of the district boundaries of the Zoning District Map(s);
(2) A description by map of the property to be affected by the proposed change or amendment, and a description in text of the property by legal metes and bounds (required before the first Council reading) unless waived by the Development Services Director;
(3) A statement of the relation of the proposed change or amendment to the general health, safety and welfare of the public in terms of the need or appropriateness of the change within the subject area by reason of changed or changing conditions and the relation to appropriate plans for the area;
(4) A list of the owners of property within, contiguous to and directly across the street from the area proposed to be rezoned and of all property owners within 200 feet of any portion of such property, which list shall be in accordance with the Fairfield County Auditor's current tax list;
(5) Twenty sets of the application; and
(6) The appropriate fee stated in the current fee schedule ordinance.
(d) Planning and Zoning Commission Action.
(1) Public hearing. Upon the certification of a motion or resolution by Council, the adoption of a motion by the Commission or the filing of a completed application for a proposed change or amendment of the text of this Code and/or the Zoning District Map(s), the Commission or the Development Services Director shall set a date for a public hearing not more than twenty-eight days from the date of the resolution, motion or application.
(2) Notice of hearing. A notice setting forth the time and the place of a hearing and the nature of the proposed change or amendment shall be given for one publication in one or more newspapers of general circulation in the county where the property is located at least ten days before the date of a public hearing. A fee shall be charged to the applicant for the advertisement.
(3) Written notice. If the proposed change or amendment intends to affect (rezone or redistrict) ten or fewer parcels of land, as listed on the tax duplicate, written notice of the public hearing shall be mailed by the Commission, by first class mail, at least ten days before the date of the public hearing, to all owners of property within, contiguous to and directly across the street from the area affected by the proposed change or amendment. Such notice is to be mailed to the addresses of such owners appearing on the County Auditor's current tax list or the County Treasurer's mailing list. The Development Services Director may assess a fee from the applicant for such a mailing.
(4) Notice to Commission. One copy of the proposed change or amendment, together with the text and map pertaining thereto, shall be forwarded to the Commission not later than five days before the public hearing.
(5) Notice of request to table or withdraw. Notice of a request to table or withdraw a public hearing shall be furnished to the Development Services Director not less than seven working days prior to the scheduled public hearing, in order to allow sufficient time for notification to contiguous property owners of the request.
(6) Staff review. The Development Services Director, together with the Engineer, the County Board of Health and other appropriate agencies or bodies, shall present to the Commission a written report and map(s), where appropriate, including all apparent facts, implications and conclusions concerning the proposed change or amendment.
(7) Consideration and recommendations. The Commission shall consider the proposed change or amendment at the scheduled public hearing and at such other meetings deemed necessary and shall make formal recommendations concerning the approval, denial or modification thereof to be considered by Council.
(8) Referral to Service Committee of Council. Immediately, or within ten days after the public hearing, the Commission shall submit to the Service Committee a recommendation of approval, denial or modification of the proposed change or amendment, including a statement of reasons for such recommendation, and the text and map pertaining thereto. The Service Committee shall review the findings of the Commission and concur or make separate recommendations to Council.
(9) City Council hearing date. The City Manager or designee shall set the City Council public hearing date for a zoning amendment. The City Council public hearing may be the first scheduled meeting date after Planning and Zoning Commission public hearing and Service Committee meeting. The meeting date shall not be less than twenty-eight days prior to a scheduled City Council meeting (this time period correlated with the submission deadlines for zoning changes).
(e) Council Action.
(1) Public hearing required. City Council shall hold a public hearing to discuss and act on the proposed change or amendment of the zoning text or Map following action by the Planning and Zoning Commission and Service Committee.
(2) Hearing date. The earliest City Council can hold a public hearing concerning a zoning change is the next scheduled public hearing after the Planning and Zoning Commission public hearing and Service Committee meeting. This public hearing can only occur if the public hearing was set not less than twenty-eight days prior to a scheduled City Council meeting.
(3) Public notice of hearing. Public notice of the time and place of such hearing shall be published. A summary of the proposed change or amendment in either the zoning text or Map(s) shall be published in a newspaper of general circulation in Fairfield County one time. Notwithstanding any other provision of this Code, the date of publication shall be at least ten days before the date for such hearings. Fees shall be charged to the applicant according to the current fee schedule.
(4) Notice to adjacent property owners. In addition, if the proposed amendment or change intends to rezone or redistrict ten or fewer parcels of land as shown and listed upon the tax duplicates, a written notice of such a hearing shall be mailed to the owners of property within, contiguous to and directly across the street from the parcel or parcels intended to be rezoned or redistricted. This notice shall also be mailed to the owners of such parcel and to the addresses of such owners then appearing on the Fairfield County Auditor's or Fairfield County Treasurer's current tax list. The failure to deliver such a notice shall not invalidate any subsequent ordinance, measure or regulation enacted as a result thereof. Fees shall be charged to the applicant according to the current fee schedule. All files pertaining to the proposed action shall be available for public inspection in the Development Services Director's office. Copies may be obtained upon payment of a fee.
(5) Public site and time. The public hearing shall be held at such a place within the Municipality.
(6) Council may set a common hour for all hearings when more than one hearing is scheduled on the same date, and in this event applications shall be heard in their numerical sequence as set forth in the notice of hearing.
(7) At the next regularly scheduled meeting, or within thirty days after the third required reading on the proposed change, Council shall either adopt, deny or remand for reconsideration the recommendation of the Commission.
(f) Date of Effect. Any ordinance amending this Code or the Zoning Map(s), or redistricting or rezoning any portion of land within the Municipality, shall become effective as stipulated by Section 2.05 of the Municipal Charter.
(g) Withdrawn or Denied Applications. Applications which have been denied on a particular piece of property will not be considered by Council again for a period of one year from the date of the original application. For applications which have been withdrawn, the period for reconsideration on an application not substantially altered is six months.
(Ord. 2014-27. Passed 8-5-14.)