(a) In accordance with the provisions of Chapter 8, Article 24, of the West Virginia Code, as amended, the Council may from time to time amend, supplement or change the rules and regulations and districts established under this Ordinance.
(1) Whenever a petition requesting an amendment, supplement or change of the rules and regulations prescribed for an area, is presented to the Council, duly signed, by the owners of fifty percent (50%) or more of the real property area to which the petition relates, it shall be the duty of the Council to vote upon said petition within ninety days after the filing of the same by the petitioner.
(2) Whenever a petition requesting an amendment, supplement or change of the rules and regulations, in whole, or in part, is presented to the Council by the Commission, duly signed by its Chairman, it shall be the duty of the Council to vote upon said petition with such time period as it may deem fit and proper.
(3) If, however, a protest against a proposed amendment, supplement or change be presented to the Council duly signed by the owners of twenty percent (20%) or more of the area included in such proposed amendment, supplement or change, or by the owners of twenty percent (20%) or more of the area immediately adjacent extending 100 feet therefrom, or by the owners of twenty percent (20%) or more of the area directly opposite thereto, extending 100 feet from the street frontage of such opposite area, such amendment, supplement or change shall require approval by a three-fourths vote of the Council.
(b) A petition to amend, change, or supplement, the rules and regulations of this Ordinance or any zoning district as designated on the Zoning Map, shall be filed with the City Clerk and shall be transmitted by him to the Council. Such petition shall include among other things, a legal description of the area proposed to be rezoned, an accurate map or survey showing the location of all buildings, and other structures, in such area, the topography, present and proposed use of such area, the present and proposed zoning classification of such area, the name and address of owner or owners of such area, and a list of all owners on which notice is to be served in connection with the hearing on the proposed zoning, sworn to by the petitioner, except a petition of the Commission need not be sworn to.
(1) Any such petition, except by the Commission, shall be accompanied by a filing fee of twenty five dollars ($25.00).
(2) The Council shall refer any such petition to the Commission.
(3) In the case of a proposed amendment, supplement or change to the Zoning Map, the Commission shall consider whether the area described in the original petition should be enlarged in order to reflect the interest of the community and to correspond with the comprehensive plan for city development. The Commission may order such enlargement and direct that the notice of public hearing be based upon such enlargement.
(c) At least fifteen (15) days' notice of the time, place and object of such public hearing shall be given by the City Clerk on behalf of the Commission in accordance with Chapter 8A of the West Virginia Code, as amended. Said notice shall describe the area proposed to be affected by a legal description and street address and location.
(1) In addition to the publication of notice, all owners of property in the area the subject of a petition, and all owners of the area immediately adjacent extending 100 feet therefrom, and all owners of the area directly opposite thereto, extending 100 feet from the street frontage of such opposite area, shall be notified by mail.
(d) The Commission shall hold a public hearing on such proposed amendment, supplement or change and its recommendation with respect thereto shall be transmitted to the Council before final action by the Council on said amendment, supplement or change. Provided, however, that if the recommendation of the Commission has not been returned to the Council within ninety (90) days from the receipt by the Commission, it shall forfeit the right further to suspend action of the Council with respect to such amendment, supplement or change.
(e) In the case of a proposed amendment, supplement or change to the Zoning Map, which involves a reclassification into "C-1", "C-2", "H-1", or "I-1" District, the Commission may require the petitioner to submit a development plan showing the extent, location and character of proposed structures and uses.
(1) The Commission may recommend, and the Council may require that such plan be modified to meet objections raised at the public hearing or subsequent thereto and may qualify their approval of the Zoning Map amendment, supplement or change, in any such case by attaching a special permit. Any such action shall be distinguished in the Council proceedings with the words "Special Development Plan" and a serial number.
(2) Within a period of one year from the approval of the Zoning Map amendment, supplement or change, conditioned on the same special development plan, no building permit or Certificate of Occupancy shall be issued for any such property except in accordance with the development plan as approved, in which case, the permit shall contain all conditions and limitations placed thereon by the Council, or in accordance with the zoning classification applicable before the action.
(3) Unless a building permit for such special development is issued within six (6) months from the Council's approval, said approval shall be void and the zoning classification shall be as it was when said petition was filed.
(Ord. 2023-02. Passed 4-17-23.)