(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 District Map of Sheffield Village, Ohio.
(c) Initiation.
(1) For a zoning map amendment of a specific property, any person who has the authority to file an application (See Section 1105.02(b).) for such property may initiate an amendment by filing an application with the Village Administrator.
(2) Only Village Council or the Planning Commission may initiate code text amendments. However, any member of the public may request that the Planning Commission or Village Council consider a text amendment during their respective public meetings.
(3) Village Council may initiate a code text or map amendment by passing a resolution that refers a recommendation on an amendment to the Planning Commission.
(4) The Planning Commission may initiate a code text or map amendment by adopting a motion to make such an 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 Village Administrator, Zoning Administrator, and/or Planning Commission to informally discuss the application and any concept plans. Such a meeting shall be subject to Section 1105.02(f).
(2) Step 2 - Application.
A. For amendments that are not initiated by the Planning Commission or Village Council, the applicant shall submit an application in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.
B. Amendments initiated by Village Council shall be referred to the Planning Commission for initiation of review.
(3) Step 3 - Village Administrator Review.
A. Upon determination that a text or zoning map amendment application is complete, the Village Administrator shall forward the application to the Planning Commission and may distribute the application to other departments or agencies for review and comment.
B. Upon receipt of comments, the applicant shall have the option to make revisions to the application and plans based on the comments prior to being forwarded to the Planning Commission or may request that the application be forwarded to the applicable review board without revisions.
C. The Village Administrator shall place the amendment application on the agenda for the next Planning Commission meeting, provided notice is given, or may work with the Planning Commission to set a special meeting to review the amendment application.
(4) Step 4 - Planning Commission Review and Recommendation.
B. In reviewing the application, Planning Commission shall, at a minimum, consider the review criteria of this section.
C. The Planning Commission shall make a recommendation to Village Council, on the application, in the form of a resolution to cause legislation to be written in accordance with such recommendation. In making its recommendation, the Planning Commission may recommend approval, approval with some modification, or denial of the application.
D. If the Planning Commission fails to make a recommendation within forty-five (45) 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 - Village Council Review and Decision.
A. Following receipt of the recommendation from the Planning Commission (Step 4), the application shall be placed on Village Council's agenda for the next regularly scheduled meeting, if in compliance with notification requirements, or Village 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.
C. Village Council shall review a text or zoning map amendment application during the public hearing. In reviewing the application, Village Council shall, at a minimum, consider the recommendation from the Planning Commission and the review criteria of this section.
D. Village Council shall adopt, adopt with some modification, or deny the recommendation of the Planning Commission.
i. If Village Council moves to make any of the following decisions, such action shall only require the concurring vote of a simple majority of the Village Council:
a) Approve the recommendation of the Planning Commission;
b) Approve the recommendation of the Planning Commission with some modification; or
c) Deny the application following a recommendation for approval from Planning Commission.
ii. If Village Council moves to overturn a recommendation for denial from the Planning Commission, such action shall require three-fourths of the Village Council membership to concur.
(e) Review Criteria. The review of code text or map amendment applications by the Planning Commission and Village 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 land use plan, other adopted or approved Village 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, and general welfare;
(4) The proposed amendment, if amending the zoning map, is consistent with the stated purpose 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, stormwater 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. 2879. Passed 10-23-23.)