(a) Amendments. Council may, from time to time, amend by ordinance the number, shape or area of districts established on the Zoning Map or the regulations set forth in this Zoning Code.
(b) Initiation of Zoning Code text amendments. Amendments to this Zoning Code text may be initiated in one of the following ways:
(1) By adoption of a motion by the Planning and Zoning Commission or the Board of Zoning Appeals;
(2) By submittal of a request to the Council by a member of Council;
(3) By submittal of a request to the Council by the Mayor of the City.
(c) Initiation of Zoning Map amendments. Amendments to the Zoning Map may be initiated in one of the following ways:
(1) By adoption of a motion by the Planning and Zoning Commission or the Board of Zoning Appeals;
(2) By submittal of a request to the Council by a member of Council;
(3) By submittal of a request to the Council by the Mayor of the City;
(4) By application with the consent of the property owner of record.
(d) Procedure for making an application by a property owner. Any application for amendment to this Zoning Code for a change in the map that is made by a property owner shall be submitted in accordance with the following procedure:
(1) The application shall be submitted to the Secretary of the Planning and Zoning Commission who shall schedule meetings, send notices, and insure the proper processing of the application as provided in this Zoning Code.
(2) All required data must be provided at least ten days prior to the regularly scheduled meeting of the Planning and Zoning Commission.
(e) Required data.
(1) Completion of any application forms supplied by the Secretary of the Planning and Zoning Commission.
(2) A map of the proposed zoning change including a vicinity map of the areas within 1,000 feet of any part of the property proposed for change. In addition an existing use site map shall be provided that is drawn to a reasonable scale and shows the location of all abutting streets, topographic features, existing utilities, property boundaries, and the location and use of adjacent structures.
(3) A list of the names and addresses of the owners of property contiguous to and all property across the street from the property proposed for rezoning. The petitioner shall use the names and addresses available at the Portage County Tax Map Office and the Portage County Auditor’s current tax list on the day of the filing. It shall be the applicant’s responsibility to obtain and submit accurate information.
(4) An application fee as required in Section 1278.23 of this Zoning Code.
(5) A statement and supporting evidence that the present zoning is unreasonable and that the proposed zoning is the highest and best use of the property consistent with the surrounding neighborhood and land use patterns.
(6) The above map, application and supporting material shall be submitted in sufficient number as established by the Secretary of the Planning and Zoning Commission.
(7) If the Commission or Council finds it necessary to maintain a strict record of the public hearing procedures or it deems it necessary to cause special studies to be made, the applicant shall bear all direct and related costs.
(8) The owner shall authorize the City to place a temporary sign on the property that states that an amendment has been requested for the property.
(f) Planning and Zoning Commission action. Any application shall be submitted in writing by the Secretary of the Planning and Zoning Commission to the Commission for a recommendation to the City Council of approval or disapproval. The Commission shall be given a reasonable period of time, not less than thirty days, and not more than sixty days for consideration and report to Council.
(g) Council action. Upon receipt of a recommendation from the Commission, Council shall consider the proposed change together with all supporting documentation. Council shall set a date for a public hearing on said proposal. At least thirty days notice of the time and place of any amendment hearing by Council shall be given, including a statement that opportunity will be afforded to any person desiring to be heard. This notice shall take at least the following form:
(1) At least thirty days notice in a newspaper of general circulation of such amendment and the time and place of the hearing thereon, shall be given, including that an opportunity will be afforded to any person desiring to be heard.
(2) Notification by first class mail at least ten days prior to the date of the public hearing by the Clerk of Council to all contiguous property owners and land across the street consistent with the names provided by the petitioner. It is the responsibility of the petitioner, not the Clerk of Council to ensure the accuracy of names and addresses.
(3) A sign of sufficient size shall be posted on the site by the City to provide reasonable notification of the zoning change. This sign shall be posted at least ten days prior to the public hearing of the zoning change.
Council may continue the public hearing if Council deems that additional information or study is required. In such a case, the continuation of the hearing, including place, time and date shall be announced to the public at the public hearing at which the continuation is determined necessary and no further notices shall be required.
During the thirty days prior to the public hearing, the text of the proposed amendment, together with maps, reports, copy of the Commission recommendation and all other material related to the request shall be on file for public examination in the office of the Clerk of the City Council.
(h) Standards for review. In reviewing a request for a map change the Commission and the Council shall use the following standards:
(1) Will the proposal have an adverse impact on existing uses in the general vicinity?
(2) Is the proposal consistent with neighboring land use patterns and in harmony with existing and future land uses?
(3) Will the proposal have an adverse impact on traffic considerably beyond the traffic that would be generated by the development of the property if developed under existing zoning? The reports of traffic engineers and/or the City Engineer shall be utilized in this determination.
(4) Will the proposal have an adverse impact on drainage considerably beyond the storm water run off that would be generated by the development of the property if developed under existing zoning? The reports of engineers and/or the City Engineer shall be utilized in this determination.
(5) Are there adequate utilities available to the site to service the proposed rezoning? The report of the City Engineer shall be utilized in this determination.
(6) Is there an error in the map that the proposal will correct or is there a change that has occurred, since the map was adopted, that requires a change in the map from the existing zoning to the land use proposed?
(7) Will the proposal contribute to spot zoning?
(8) Will the proposal result in a better land use?
(9) Were the procedural requirements of this Zoning Code followed by the petitioner?
(i) Council action. Within sixty days of the conclusion of the public hearing Council shall take action on the request. If Council action is in accordance with the recommendation of the Commission, a majority vote of Council is necessary. If Council alters, departs, or differs from the recommendation of the Commission such action by Council shall require a vote of three-fourths of the Council. If Council neither affirms the Commission vote nor has adequate votes to alter or depart from the Commission vote, the proposal shall remain on the Council agenda for future action.
(j) Reapplication. No reapplication for a zoning map amendment that has been denied in whole or in part by Council shall be resubmitted for a twelve month period from the date of denial unless Council determines that there is newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Council. All reapplications shall be considered new applications and require the submittal of evidence, fees, supporting materials and processing of an original application.
(Ord. 2001-081. Passed 8-6-01.)