(1) Purpose
The purpose of the zoning text and zoning map amendment procedure is to provide a process for amending the zoning map and text of this code.
(2) Applicability
This section shall apply to requests to amend the text of this zoning code or amend the Official Zoning Map of Tipp City, hereafter referred to as the "zoning map."
(3) Initiation
(a) For a zoning map amendment of a specific property, any person who has authority to file an application (See § 154.03(B)(1)) for such property may initiate an amendment by filing an application with the Zoning Administrator.
(b) Only City Council and the Planning Board may initiate zoning text amendments.
(c) City Council may initiate a zoning text or map amendment by referring a recommendation on an amendment to the Planning Board.
(d) The Planning Board may initiate a zoning text or map amendment by adopting a motion to make such amendment.
(4) Zoning Text or Map Amendment Review Procedure
The review procedure for a zoning text or map amendment shall be as follows:
(a) Step 1 - Pre-application Conference (Optional)
(i) Prior to filing an application, an applicant may request a meeting with the Zoning Administrator or city staff for a pre-application conference to discuss the proposed amendment.
(ii) An applicant may also request to meet with the Planning Board or City Council during a scheduled work session of the applicable board to discuss the proposed amendment prior to submitting an application. Such request shall be submitted to the Zoning Administrator in writing according to the established deadlines of the applicable board's next meeting.
(iii) The applicant shall supply preliminary information to the Community and Economic Development Department in a form established by the Zoning Administrator. The applicant shall submit such information at least 3business days prior to the scheduled meeting.
(iv) The purpose of the pre-application conference shall be to discuss the proposed development, review submittal requirements, and discuss compliance with the provisions of this code and the comprehensive plan prior to the submission of an application.
(v) Any pre-application conference or meeting with a board shall be subject to § 154.03(B)(5).
(b) Step 2 - Application
(i) For amendments that are not initiated by the Planning Board or City Council, the applicant shall submit an application in accordance with § 154.03(B), and with the provisions of this section.
(ii) Amendments initiated by City Council shall be referred to the Planning Board for review.
(c) Step 3 - Staff Review and Staff Report
(i) Upon determination that a text or zoning map amendment application is complete, the Zoning Administrator shall refer the application to the Planning Board and shall schedule a public hearing.
(ii) Prior to the Planning Board hearing for the text or map amendment, the Zoning Administrator shall review the application and prepare a staff report.
(d) Step 4 - Planning Board Review and Recommendation
(i) The Planning Board shall hold a public hearing on the zoning text or map amendment no less than 20 days and no more than 60 days after the application is determined to be complete.
(ii) The Planning Board shall review the amendment application during a public hearing. In reviewing the application, the Planning Board shall at a minimum, consider the staff report from the Zoning Administrator and the review criteria of this section.
(iii) Within 45 days of the close of the public hearing, the Planning Board shall make a recommendation to City Council on the application. In making its recommendation, the Planning Board may recommend approval, approval with some modification, or denial of the application.
(e) Step 5 - City Council Review and Decision
(i) Following receipt of the recommendation from the Planning Board (Step 4), City Council shall set a time for a public hearing on the proposed amendment that is no less than 20 days and no more than 60 days from receipt of the Planning Board's recommendation.
(ii) City Council shall review a text or zoning map amendment application during a public hearing. In reviewing the application, City Council shall at a minimum, consider the staff report from the Zoning Administrator and the review criteria of this section.
(iii) Within 30 days of the close of the public hearing, City Council shall adopt, adopt with some modification, or deny the recommendation of the Planning Board. In the event City Council denies or modifies the recommendation of the Planning Board, it shall do so by no less than a 2/3 vote of the members present of City Council, with a minimum of 4 votes.
(iv) No such ordinance adopting, adopting with some modification, or denying the application shall be passed unless it has been fully and distinctly read in accordance with the Rules of Council on 2 different days except that such ordinance may become emergency legislation if 2/3 of the members of City Council vote to dispense with this rule.
(5) Zoning Text or Map Amendment Review Criteria
Recommendations and decisions on zoning text or map amendment applications 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.
(a) The proposed amendment is consistent with the comprehensive plan, other adopted city plans, and the stated purposes of this code;
(b) The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions;
(c) The proposed amendment will promote the public health, safety, and general welfare;
(d) The proposed amendment, if amending the zoning map, is consistent with the stated purpose of the proposed zoning district;
(e) 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; and/or
(f) The proposed amendment is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract.
(Ord. 5-14, passed 3-17-2014)