(a) Authority of Council; initiation.
(1) Whenever the public necessity, convenience, general welfare or good zoning practice requires, Council may, by ordinance, after recommendations thereon by the Planning Commission and subject to the procedure provided in this section, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this Zoning Code or amendments thereto.
(2) The Planning Commission shall submit to Council recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion, by motion of Council or by the filing of a verified application therefore by one or more of the owners or lessees of the property within the area proposed to be changed or affected by the proposed amendment or supplement.
(b) Applications; information. Applications for any change of district boundaries or classifications of property as shown on the Zoning Map, and for regulation/text amendments, shall be submitted in triplicate to the Planning Commission or Zoning Officer, who shall forward the application to the Planning Commission, upon such forms and accompanied by such data and information as may be prescribed for that purpose by the Commission, so as to ensure the fullest practical presentation of the facts for the permanent record.
Application shall include the following information as a minimum:
(1) Such data shall include, in the event of a map amendment, a plat or map drawn to a scale of not less than 100 feet to the inch (1" = 100') showing the land in question, its location, the length and location of each boundary thereof, the location of existing uses and buildings and the principal use of all properties within 300 feet of such land.
(2) When the request is for a text amendment, the application shall include a clear description of the proposed language to be added, removed or altered in the Zoning Code, including a clear reference to any and all sections of the Code to be amended.
(3) Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application.
(4) Applications for amendments or district changes initiated by the Commission or Council shall be accompanied by a resolution of record of either body pertaining to the proposed amendment.
(5) Any person desiring a change in the zoning classification of property shall file, with the application for such change, a statement giving the names and addresses of the owners of all properties lying within 300 feet of any part of the exterior boundaries of the premises, the zoning classification of which is proposed to be changed.
(c) Hearings by Planning Commission. Before submitting its recommendations on a proposed amendment or reclassification to Council, the Planning Commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the Municipality at least ten days before the date of such hearing. The notice shall state the place and time at which the proposed amendment to this Zoning Code, including the text and maps, may be examined. Notice shall also be given to all property owners within 300 feet of the affected property based on the data provided by the applicant. A general notice is required for a text amendment, not notification of property owners.
(d) Planning Commission recommendations. Following such hearing, the Commission may recommend that the application be granted as requested, may recommend a modification of the zoning amendment requested in the application or may recommend that the application be denied. These recommendations shall then be certified to Council.
(e) Hearings by Council; notice. After receiving from the Commission the certification of such recommendations on the proposed amendment or supplement, and before the adoption of such amendment, Council shall hold a public hearing thereon. At least 30 days' notice of the time and place of such hearing shall be given by publication in a newspaper of general circulation in the Municipality. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed in the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least 20 days before the date of the public hearing, to the owners of property within and contiguous to, and directly across the street from, such parcels, to the addresses of such owners appearing on the County Auditor's current tax list.
(f) Amendments initiated by Council. Council may, from time to time, on its own motion or on petition, after public notice and hearing as provided by law, and after report by the Planning Commission, amend, supplement or change the boundaries or regulations in this Zoning Code or subsequently established. If the Commission disapproves the proposed change, such amendment shall not be passed except by a favorable vote of three-fourths of all members of Council.
(g) Minimum district size. Each district or noncontiguous portion of a district shall be at least five acres.
(h) Pending Zoning Map changes. Whenever Council has taken under advisement a change or amendment of the Zoning Map from a less restricted district to a more restricted district classification, as evidenced by a resolution of record, no Zoning Certificate or Zoning Certificate of Compliance shall be issued within 30 days from the date of such resolution, which certificate or permit would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated redistricting plan.
(i) Fee. Each application for a zoning amendment or district change, except one initiated by the Planning Commission, shall be accompanied by a check payable to the Clerk-Treasurer or a cash payment, in an amount to be determined by the Council, sufficient to cover the costs of publishing, posting and/or mailing notices of hearings.
(j) Conditions for approval. The Planning Commission and Woodlawn Council shall favorably consider an application for a zoning amendment, whether to the Zoning Regulation text or to the Official Zoning District Map, only if the request for a change of zoning meets the at least one of the following conditions:
(1) A manifest error exists in the Zoning Code text and/or designations on the Official Zoning District Map;
(2) The amendment will result in accordance with, or more appropriate conformance to, the Woodlawn Master Plan;
(3) Substantial change in area conditions have occurred; or
(4) A legitimate requirement can be shown for the need for additional land area for the particular zoning district.
(Ord. 17-2013, passed 9-24-2013)