Chapter 1113: Amendments


Cross references

  • Mandatory referral for rezoning - see CHTR. Art. X, Sec. 4
  • Fees for rezoning - see ADM. 125.06

1113.01   Intent

This Planning and Zoning Code may be amended periodically in order to keep pace with new zoning techniques and changes in enabling legislation governing municipal planning and zoning. The Code may also be amended when a general hardship prevails in a given area, when new extensive developments affecting the use of land are being planned.
(Ord. 2019-39. Passed 8-13-19.)

1113.02   Initiation of amendment

A proposed amendment to the zoning text or Map may be initiated either by a property owner, the Mayor, Planning and Zoning Commission or a member of Council. If initiated by a property owner, the Mayor or Council, the ordinance to amend the Planning and Zoning Code shall be referred to the Commission before action is taken by Council.
(Ord. 2019-39. Passed 8-13-19.)

1113.03   Action by commission

The Planning and Zoning Commission may approve or disapprove a proposed amendment, either in whole or in part, and submit its recommendation to Council.
(Ord. 2019-39. Passed 8-13-19.)

1113.04   Action by council

  1. (a) Upon receiving the recommendation of the Planning and Zoning Commission on a proposed amendment, or in the event no action is taken by the Commission on the proposed amendment within 45 days after (i) the referral by Council, or (ii) 60 days after a complete rezoning application is received from a property owner, Council shall hold a public hearing. For all proposed text or Map amendments, notice shall conform to the requirements of Section 1109.09 of the Planning and Zoning Code.

  2. (b) After the public hearing, Council may adopt the proposal whether it is recommended or not recommended by the Commission by majority vote of those elected to Council. If Council modifies the proposal, it may resubmit the proposed modification to the Commission for further consideration. The Clerk of Council shall submit to the Commission a copy of any action taken by Council in regard to the Planning and Zoning Code.
    (Ord. 2019-39. Passed 8-13-19; Ord. 2019-56. Passed 11-25-19.)

1113.05   Current record of text and map

The Administrator shall maintain a permanent and current record of the Planning and Zoning Code showing all amendments to the text and Map.
(Ord. 2019-39. Passed 8-13-19.)

1113.06   Determination of similar uses

  1. (a) Upon application for a permit for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts, or on its own initiative, additions or clarifications thereto may be made by the Planning and Zoning Commission, in compliance with the following standards:

    1. (1) Such use is not listed in any other classification of permitted buildings or uses and is not specifically prohibited in this Planning and Zoning Code;

    2. (2) Such use is more appropriate to, and conforms more closely to the basic characteristics of the classification to which it is to be added than to any other classification;

    3. (3) Such use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than the other uses listed in the classification to which it is to be added; and

    4. (4) Such use does not generate traffic to a greater extent than the other uses listed in the classification to which it is to be added.

  2. (b) The Planning and Zoning Commission may recommend such additions or clarifications to Council. If Council, by a majority vote of its members, concurs with the recommendation of the Commission, such use shall be deemed to be similar and permitted in the requested use district. No public hearing shall be required to include the similar use in a use district.
    (Ord. 2019-39. Passed 8-13-19.)