(a) Purpose. The purpose of the code text and zoning map amendment procedure is to provide a process for amending the zoning map and text of this code.
(b) Applicability. This section shall apply to requests to amend the text of this code or amend the Official Zoning Map of the City of Wooster, Ohio, hereafter referred to as the "zoning map."
(c) Initiation.
(1) For a zoning map amendment of a specific property, any person who has authority to file an application (See Section 1105.02(a).) for such property may initiate an amendment by filing an application with the Zoning Administrator.
(2) Only City Council or the Planning Commission may initiate code text amendments.
(3) City Council may initiate a code text or map amendment by the passing of a resolution to make such an amendment.
(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 established in this section. A pre-application meeting (See Section 1105.02(e).) with staff and/or the Planning Commission is encouraged, but not mandatory, prior to submission of the application.
(1) Step 1 - Application.
A. For amendments that are not initiated by the Planning Commission or City Council, the applicant shall submit an application in accordance with Section 1105.02, and with the provisions of this section.
B. Amendments initiated by City Council shall be referred to the Planning Commission for review in accordance with the procedure of this section.
(2) Step 2 - Staff Review and Transmission to the Planning Commission.
A. Upon determination that a zoning map amendment application is complete, the Zoning Administrator shall distribute the application to all appropriate City departments and professional consultants for review and comment. Any comments or expert opinions shall be returned to the Zoning Administrator for transmission to the Planning Commission.
B. The Zoning Administrator shall distribute the application and any reports prepared as part of Subsection 1105.03(d)(2)A above, at least three business days prior to the Planning Commission's meeting where the application is to be reviewed.
(3) Step 3 - Planning Commission Review and Recommendation.
A. Within 60 days after the application is determined to be complete, the Planning Commission shall hold a public hearing on the code or zoning map amendment application.
C. In reviewing the application, the Planning Commission shall at a minimum, consider the reports and opinions transmitted by the Zoning Administrator and the review criteria of this section.
D. Within 60 days of the close of the public hearing, the Planning Commission shall make a recommendation to City Council on the application. In making its recommendation, the Planning Commission may recommend approval, approval with some modification, or denial of the application. If the Planning Commission fails to make a recommendation within the established timeframe, the application will move forward to Section 1105.03(d)(4) with a recommendation of denial.
E. All recommendations shall also be forwarded to the applicant, as applicable.
(4) Step 4 - City Council Review and Decision.
A. Within 45 days after the Planning Commission makes a recommendation (Step 3), the application shall be placed on City Council's agenda and City Council shall set a time for a public hearing on the proposed amendment.
C. City Council shall hold a public hearing regarding the text or zoning map amendment application.
D. In reviewing the application, City Council shall at a minimum, consider the reports and opinions transmitted by the Zoning Administrator, the recommendation from Planning Commission, and the review criteria of this section.
E. City Council shall adopt, adopt with some modification, or deny the recommendation of the Planning Commission with the concurrence of a simple majority of City Council.
i. When the Planning Commission recommends approval, or approval with some modification, of a proposed amendment, then no such amendment shall be adopted unless approved by a majority vote of the membership of City Council.
ii. When the Planning Commission recommends denial of a proposed amendment then no such amendment shall be adopted unless approved by a majority vote of the membership of Council.
F. Any such application may be amended prior to the voting thereon by Council without further notice or postponement if such amendment to the proposal is germane to the subject matter thereof and is in accordance with the recommendation of the Planning Commission.
G. If a proposed amendment is not adopted by City Council within 120 days after City Council's first meeting following Planning Commission's recommendation, such proposed amendment shall be deemed to have been defeated and denied and shall not thereafter be passed without a resubmission of an application.
H. The effective date of any amendment shall be 30 days following final action by City Council unless subject to a referendum in accordance with the Ohio Revised Code.
(e) Review Criteria.
(1) Zoning Map Amendments. Recommendations and decisions on zoning 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 uses that would be permitted on the property if it were reclassified would be compatible with the uses permitted on other property in the immediate vicinity;
E. The proposed amendment follows lot lines or the centerlines of streets, railroads, or other rights-of-way;
F. Adequate utility, sewer, and water facilities, and all other needed public services exist or can be provided to serve the uses that would be permitted on a property if it were reclassified;
G. 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;
H. The proposed amendment will not constitute an instance 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;
I. The proposed amendment is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and
J. The proposed amendment would correct an error in the application of this Planning and Zoning Code as applied to the subject property.
(2) Planning and Zoning Code Text Amendments. Recommendations and decisions on planning and zoning code amendment applications shall be based on consideration of the following review criteria:
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; and
D. The proposed amendment would correct an error in the application of this Planning and Zoning Code as applied to the subject property.
(Ord. 2018-009. Passed 5-7-18.)