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A Reduced Density Residential Overlay Plan shall be required in the event that any person owning property in a residential zoning district within the City of Wyoming wishes to control the future development of their property by limiting or prohibiting the further subdivision and/or development of the property by designating such property as subject to a Reduced Density Residential Overlay Plan including the placing of setback or other limitations on the property that are more stringent than those limitations placed on the property by the City of Wyoming's Zoning Code. (Ord. 07-2020. Passed 3-16-20.)
(a) The owner of any such property referred to in Section 1157.02 shall submit to the City Manager, three copies of an application which shall include the following:
(1) A legal description of the property to be so designated and a survey and plat showing such property with the location of all structures, other improvements, roadways, and easements on such property.
(2) Any restrictions as to the future development of such property that the owner wishes to impose on such property, which do not already exist in the zoning district in which the property is located.
(3) A detailed written description of the reasons for the proposed creation of the Reduced Density Residential Overlay Plan.
(b) All applications for a Reduced Density Residential Overlay Plan shall be accompanied by a filing fee determined pursuant to a fee schedule established by City Council, which fees are subject to change from time to time as determined by City Council.
(Ord. 07-2020. Passed 3-16-20.)
(a) Within fifteen days of receiving an application for a Reduced Density Residential Overlay Plan, the City Manager shall determine the sufficiency of the application in accordance with the criteria set forth in Section 1157.03. If the City Manager determines that the application does not provide the required information, the City Manager shall reject the application. If an application is determined to be sufficient by the City Manager, the application shall be forwarded to the Planning Commission for review in accordance with Section 1101.08 for approval, disapproval, or suggestion. Planning Commission shall issue a written report to City Council for approval or disapproval of the Plan within forty five days of receiving the application.
(b) With the written consent of the owner, the forty-five day reporting period may be extended to permit the modification of the Reduced Density Residential Overlay Plan.
(c) Before approval of any Reduced Density Residential Overlay Plan, City Council shall hold a public hearing thereon and shall give at least twenty days' notice of the time and place thereof in a newspaper of general circulation in the City. Written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, as least twenty days before the date of the public hearing to the owners of property contiguous to and directly across the street from such parcel or parcels to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by City Council.
(d) The failure of delivery of such notice shall not invalidate any such approval or disapproval of a Reduced Density Residential Overlay Plan. During such twenty days, a copy of the application and report submitted by the Planning Commission shall be on file for public examination in the office of the Clerk or in such other office as is designated by City Council.
(e) In rendering its determination, City Council shall review the Application and determine the Application requirements' compliance with Section 1157.03(a)(1) to (3).
(Ord. 07-2020. Passed 3-16-20.)
Upon approval of the Reduced Density Residential Overlay Plan, the property owner requesting such change shall provide to the City of Wyoming a Deed of Acceptance acknowledging the creation and designation of the Reduced Density Residential Overlay Plan on the subject residence property, which Deed of Acceptance shall be in a form acceptable to the City of Wyoming and such Deed of Acceptance shall be recorded by the City with the Recorder's Office of Hamilton County, Ohio.
The acceptance of the property into the Reduced Density Residential Overlay District shall be indicated on the "Official Zoning Map" of the City of Wyoming.
(Ord. 07-2020. Passed 3-16-20.)
It is expected that changes in an approved Reduced Density Residential Overlay Plan may be required from time to time. In order to preserve the flexibilities which are fundamental to a well-planned community, changes are permitted subject to the following:
(a) The changes shall meet the requirements of this chapter and shall be substantially consistent with the intent of the original approved Plan as it pertains to concept, design, and density. An application for an amendment to a Reduced Density Overlay Plan shall identify specifically the reason(s) for the requested change and the impact on the overall concept, design, and density of the approved Plan.
(b) An application for an amendment to a Reduced Density Overlay Plan shall be submitted to the City Manager. If the City Manager determines that the application for amendment is complete, such application shall be submitted to the Planning Commission for review, who shall forward a recommendation to City Council for action thereon. Planning Commission and City Council in reviewing any such change shall review the original Application for the Reduced Density Residential Overlay Plan, the Deed of Acceptance, the uses and densities of properties within 200 feet of the subject property, the overall concept, design or density to determine whether such change is substantially consistent with the original Plan, and the current uses and densities of properties within 200 feet of the subject property.
(c) The time limits for such review by the Planning Commission and City Council are the same as set forth in Section 1157.04. (Ord. 07-2020. Passed 3-16-20.)
(d) Prior to approving any changes to a Reduced Density Residential Overlay Plan, City Council shall hold a public hearing thereon and shall give at least twenty days' notice of the time and place thereof on the City’s website. Written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, as least twenty days before the date of the public hearing to the owners of property contiguous to and directly across the street from such parcel or parcels to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by City Council.
(Ord. 15-2022. Passed 10-17-22.)
(e) The failure of delivery of such notice shall not invalidate any such approval or disapproval of an amendment to a Reduced Density Residential Overlay Plan. During such twenty days, a copy of the application and report submitted by the Planning Commission shall be on file for public examination in the office of the Clerk or in such other office as is designated by City Council.
(f) Upon approval of an amendment of a Reduced Density Residential Overlay Plan, the property owner requesting the amendment shall provide to the City of Wyoming with a revised Deed of Acceptance identifying the changes to the Reduced Density Residential Overlay Plan on the subject residence property, which Deed of Acceptance shall be in a form acceptable to the City of Wyoming and such Deed of Acceptance shall be recorded by the City with the Recorder's Office of Hamilton County, Ohio. (Ord. 07-2020. Passed 3-16-20.)
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