1126.01 TEXT AND MAP AMENDMENTS.

   (a)   Procedure for Text and Map Amendments.

      (1)   An applicant shall submit a complete application for a text and/or map amendment to the Director of Public Service no less than seventy-five (75) days prior to the public hearing of the City Council.

      (2)   The Planning Commission is authorized to propose text and/or map amendments.

      (3)   The City Council may amend or change the number, shape, area, or regulations of or within any district by submitting an ordinance for review through the procedures of this Section.

      (4)   Per Section 52 and Section 53 of the Charter of the City of Whitehall, the Planning Commission shall review and make recommendations to the City Council on proposed ordinances or resolutions establishing, amending, revising, changing, or repealing zoning classifications, districts, uses, or regulations.

      (5)   The review by the Planning Commission shall take place at a public meeting withint thirty (30) days of receipt of a complete application. The Planning Commission may choose to hold a public hearing as part of their review. If the Planning Commission holds a public hearing on a proposed text and/ or map amendment, they shall cause the Planning Commission public hearing notice requirements below to be met. Following their public meeting or public hearing, the Planning Commission shall certify their recommendations on the application to the City Council.

      (6)   Per Section 54 of the Charter of the City of Whitehall, the City Council shall hold a public hearing on the proposed text and map amendments. The date of the public hearing shall be within sixty (60) days of receiving the recommendations by the Planning Commission.

   (b)   Planning Commission Public Hearing Notice Requirements. If the Planning Commission chooses to hold a public hearing as part of their review to adopt recommendations for the City Council on proposed text amendments and map amendments, then the Planning Commission shall cause the following notice requirements to be met:

      (1)   Written notice of the hearing shall be mailed by first class mail to the property owners included in the application at least ten (10) days prior to the public hearing.

      (2)   When an application involves a map amendment, a sign shall be posted in a conspicuous place or places on each affected property at least one time and at least seven (7) days prior to the public hearing. The posted notice shall meet the standards of posted map amendment sign requirements, below.

   (c)   City Council Public Hearing Notice Requirements. Per Section 54 of the Charter of the City of Whitehall, the City Council shall cause the following notice requirements to be met as part of their public hearing on a proposed text amendment or map amendment:

      (1)   At least twenty (20) days prior to the public hearing, written notice shall be published at least one time in at least one newspaper of general circulation in Franklin County, Ohio.

      (2)   When an amendment, revision, change, or repeal involves ten (10) or fewer parcels of land, written notice of the hearing shall be mailed by first class mail to the property owners included in the application at least ten (10) days prior to the public hearing.

      (3)   When an application involves a map amendment, a sign shall be posted in a conspicuous place or places on each affected property at least one time and at least twenty (20) days prior to the public hearing. The posted notice shall meet the standards of posted map amendment sign requirements, in the right column.

   (d)   Posted Map Amendment Sign Requirements. Where posted notice of a sign is required, such sign shall meet the following standards:

      (1)   The posted sign shall include the word "REZONING" in letters that are at least two (2) inches tall, the time and place of the public hearing, and the place where the application may be examined.

      (2)   The posted sign(s) shall include any additional details determined necessary by the Planning Commission and/or City Council.

      (3)   The Director of Public Service shall arrange for the installation and removal of posted notice signs.

   (e)   Effect of Deficient Notice. The failure of publishing, delivering, and/or posting any required notices, including the failure to maintain posted notices over the duration of a notice period, shall not invalidate any action taken by the Planning Commission or the City Council.

   (f)   Application Requirements. Any owner, or agent thereof, of property for which a map amendment or text amendment is proposed shall file an application with the Director of Public Service containing the following information, as applicable, regarding the property subject to the map amendment and/or the sections of the ordinance subject to a text amendment:

      (1)   Legal description of the subject property. Where the legal description of a property subject to a map amendment request is described by metes and bounds, the application shall include a statement and plot plan from a duly licensed surveyor or a licensed professional civil engineer verifying the accuracy of the description and plot plan.

      (2)   An authorization form signed by the property owner(s) of the subject properties permitting the Director of Public Service or designee to post public notice signs on the subject properties.

      (3)   Current photos of the subject property that document existing conditions.

      (4)   A site plan showing the existing conditions and proposed development of the property subject to the request and drawn to scale per the standards of Table 1126.01 - Site Plan Scale Standards.

 

TABLE 1126.01 SITE PLAN SCALE STANDARDS
ACREAGE OF SUBJECT PROPERTY	REQUIRED SCALE OF SITE PLAN
Less than 1 Acre	1 inch = 10 feet
1 Acre or more, less than 5 Acres	1 inch = 20 feet
5 Acres or more, less than 20 Acres	1 inch = 40 feet
20 Acres or more, less than 50 Acres	1 inch = 60 feet
50 Acres or more	1 inch = 100 feet

      (5)   A site plan showing existing and proposed improvements and elements of the subject property including landscaping, fire hydrants, signs, curb cuts, driveways, parking areas, pools, fences, and building footprints.

      (6)   A site plan marked with dimensions of existing and proposed improvements and elements of the subject property including length of lot lines, surface area of the lot, surface area of landscaping, surface area of parking areas, number of parking spaces, floor area of buildings, percentage of lot covered by buildings, distances between buildings, and setbacks between all buildings and all property lines.

      (7)   A site plan showing abutting rights-of-way boundaries and utilities and easements on the subject property.

      (8)   The location and existing use descriptions of all properties contiguous to and directly across the street from the subject property.

      (9)   A description of all variances previously approved and/or presently requested for the subject property.

      (10)   A description of any discrepancies between the existing conditions of the subject property and its conformance with applicable provisions of this Code.

      (11)   A master plan and timetable for the total development, where the application involves a phased development.

      (12)   Names and mailing addresses of the property owners for the subject property and for any properties contiguous to the subject property according to information available through the County Auditor's current tax list or the Treasurer's real estate tax mailing list. Contiguous properties include those properties abutting the subject property and those immediately across a public right-of-way from the subject property.

      (13)   An affidavit certifying that the names and mailing addresses are current as of the date of submission and the information available from the County Auditor's office or Treasurer's office

      (14)   An unedited copy of the current ordinances subject to the proposed text amendment.

      (15)   An edited copy of the current ordinances subject to the proposed text amendment with proposed changes, deletions, and additions distinguished from other parts of the ordinance.

      (16)   A description of the purpose and anticipated effects of the proposed text amendment.

      (17)   Any additional information necessary to provide a complete review of an application's compliance with this Code.

      (18)   The site plan(s) shall be prepared by a registered architect or registered engineer. The Director of Public Service may waive this requirement and accept a site plan not prepared by a registered architect or registered engineer if the nature and size of the map amendment would not have substantial effects on surrounding properties.

   (g)   City Council Action.

      (1)   After receiving the certified recommendations of the Planning Commission and holding a public hearing on the application, the City Council shall consider the recommendations and vote on the passage of the proposed text amendment or map amendment.

      (2)   If the Planning Commission adopts a favorable recommendation on an application, the City Council may pass and approve the text amendment or map amendment by a vote of a majority of the quorum. If the Planning Commission adopts an unfavorable recommendation on an application, or if the City Council decides to differ substantially from the plan or report submitted by the Planning Commission, then the City Council may only pass and approve the text amendment or map amendment by a concurring vote of at least five (5) members of the Council.

      (3)   Any action by the City Council which, at their discretion and determination, adds greater safeguards for protecting the public health, safety, and welfare and does not depart from the recommendation by the Planning Commission shall not be considered as differing substantially from the plan or report submitted by the Planning Commission.

      (4)   Per Section 53 of the Charter of the City of Whitehall, if the Planning Commission fails to make a recommendation ahead of the City Council's public hearing, then the City Council may act upon the application as though it had received a recommendation of approval on the matter.

   (h)   Expiration of Approval. When an application involves a map amendment where specific development plans are part of the request, development shall commence within twelve (12) months after an approval by the City Council. Unless extended by City Council, if the development does not commence within this period, the approval by City Council shall be voided and the property shall revert to the previous designation.

(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)