(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 Official Zoning Map of the City of Sharonville, Ohio.
(c) Initiation.
(1) For a zoning map amendment of a specific property, any person who has authority to file an application (See Section 1129.02(b).) for such property may initiate an amendment by filing an application with the Director of Community Development.
(2) Only City Council or the Planning Commission may initiate code text amendments, however, any member of the public may request that the PC or City Council consider a text amendment during their respective public meetings.
(3) City Council may initiate a code text or map amendment by referring a recommendation on an amendment to the PC.
(4) The PC 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).
A. An applicant may request to have a pre-application meeting with the Director of Community Development and/or Planning Commission to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1129.02(f).
(2) Step 2 - Application.
A. For amendments that are not initiated by the Planning Commission or City Council, the applicant shall submit an application in accordance with Section 1129.02: Common Review Requirements, and with the provisions of this section.
B. Amendments initiated by City Council shall be referred to the Planning Commission for initiation of review.
(3) Step 3 - Administrative Staff Review.
A. Upon determination that a text or zoning map amendment application is complete, the Director of Community Development shall forward the application to the PC and may distribute the application to other departments or agencies for review and comment.
B. The Director of Community Development may consolidate any comments from the public received in advance of the hearing and comments from the Community Development Department or other departments and agencies into a report for the PC to review as part of Step 4.
(4) Step 4 - Planning Commission Review and Recommendation.
A. The Planning Commission shall review the amendment application at the next regularly scheduled PC meeting.
C. In reviewing the application, Planning Commission shall, at a minimum, consider the review criteria of this section.
D. The Planning Commission shall make a recommendation to City Council, on the application, in the form of a resolution. In making its recommendation, the Planning Commission may recommend approval, approval with some modification, or denial of the application.
E. If the Planning Commission fails to make a recommendation within sixty (60) days of submission of a complete application, or an extended timeframe approved by the applicant, the application will move forward to Step 5 with a recommendation of denial.
(5) Step 5 - City Council Review and Decision.
A. Following receipt of the recommendation from the Planning Commission (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 Planning Commission's recommendation, or an extended timeframe approved by the applicant.
B. The application shall be reviewed by the Sharonville Law Committee in advance of the scheduled public hearing with City Council.
D. 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 Planning Commission and the review criteria of this section.
E. City Council shall adopt, adopt with some modification, or deny the recommendation of the Planning Commission.
i. If City Council moves to adopt the recommendation of Planning Commission, such action shall only require concurring vote of four members of City Council.
ii. If City Council moves to adopt the recommendation of Planning Commission with modification, or deny the recommendation, such action shall require a favorable vote of six members of City Council.
(e) Review Criteria. The review of code text or map amendment applications by Planning Commission 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 consistent with the Comprehensive Plan, other adopted or approved 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, 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.
(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 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
(8) The proposed amendment is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract.
(Ord. 2022-22. Passed 5-10-22.)