Whenever, because of public necessity, general welfare or when good zoning practices require, the Village Council may by ordinance, subject to the procedure provided in this chapter, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this Zoning Ordinance or amendments thereof. It shall be the duty of the Planning Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Village Council. An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected by this Zoning Ordinance.
(Ord. 1986-06. Passed 5-27-86.)
1181.02 PROCEDURE FOR CHANGE.
Applications for any change of district boundaries or classification of property as shown on the zoning map and for regulation amendments shall be submitted to the Planning Commission at its public office, on appropriate forms and all shall accompanied by such data and information as may be prescribed for that purpose by the Commission so as to assure the fullest practicable presentation of facts for the permanent record. Such data shall include:
(a) The name and street address of the petitioner.
(b) The lot number of any real estate owned by the petitioner adjacent or within the areas proposed to be changed.
(c) A list of names of the owners of property within, contiguous to and directly across the street from the parcel sought out to be affected, including the addresses of such owners or if known a statement of that fact and the address of the property.
(d) An accurate legal description of the district or area proposed to be altered.
(e) An accurate map, diagram, or sketch of the district or area to be as altered and the land contiguous thereto.
(f) Facts indicating that the proposed change requested will not be detrimental to the public health, safety or welfare and is in the public interest.
(g) The interest, if any, of the petitioner in the parcel, the subject of the petition.
(Ord. 1986-06. Passed 5-27-86.)
1181.03 COMMISSION HEARING; NOTICE.
Before submitting its recommendations on an application or its own motion to the Village Council, the Planning Commission shall hold at least one (1) public hearing thereon, notice of which shall be given by one (1) publication in a news media of general circulation in the Village at least ten (10) days before the date of such hearing. Within thirty (30) days after the public hearing, the Planning Commission shall recommend to Council that the amendments are granted as requested or it may recommend that its amendment not be granted.
(Ord. 1986-06. Passed 5-27-86.)
1181.04 COUNCIL HEARING.
After receiving from the Commission the certification of said recommendation on the proposed amendment or supplement, and before adoption of such amendment, the Council shall hold a public hearing thereon at least thirty (30) days notice of the time and place of which shall be given by publication in a news media of general circulation in the Village. If the proposed ordinance amendment intends to re-zone or re-district ten (10) or less parcels of land as listed in the tax duplicate, written notice of the hearing shall be mailed by the Clerk by first class mail, at least twenty (20) days before the date of the public hearing to the owners of property across the street from such parcel or parcels, to the addresses of such owners appearing on the county auditor’s current tax list.
(Ord. 1986-06. Passed 5-27-86.)
1181.05 COUNCIL FINAL ACTION.
Following such hearing and after reviewing the recommendations of the Commission thereon, the Council shall consider such recommendations and vote in the passage of the proposed amendments to the text of the ordinance or the zoning map. To approve a recommendation of the Commission, a majority of the full membership of the Council must vote in the affirmative. All other action by Council to amend or otherwise modify any recommendation of the Commission shall be approved by five-sixth (5/6) of the full membership of the Council.
(Ord. 95-25. Passed 9-19-95.)
1181.06 MAP CHANGE PENDING; ZONING CERTIFICATE.
Whenever the Council has taken under advisement a change of amendment of the Zoning Map from a less restricted district to a more restricted district classification, as evidenced by resolution of record, no zoning certificate shall be issued within sixty (60) days from the date of such resolution which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated re-districting plan.
(Ord. 1986-06. Passed 5-27-86.)
1181.07 FEES.
Each application for a zoning amendment except those initiated by the Commission shall be accompanied by a check, payable to the Village of Ada, or a cash payment, for fifty ($50.00) dollars which is non-refundable. In the event administrative costs (such as publishing and/or posting and mailing the notices of the hearing or hearings) exceed the fifty ($50.00) dollars the applicant will be billed for the balance.
(Ord. 1986-06. Passed 5-27-86.)
Ada City Zoning Code
CHAPTER 1181
District Changes and Regulation Amendments
1181.01 COUNCIL MAY AMEND ZONING ORDINANCE.
Whenever, because of public necessity, general welfare or when good zoning practices require, the Village Council may by ordinance, subject to the procedure provided in this chapter, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this Zoning Ordinance or amendments thereof. It shall be the duty of the Planning Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Village Council. An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected by this Zoning Ordinance.
(Ord. 1986-06. Passed 5-27-86.)
1181.02 PROCEDURE FOR CHANGE.
Applications for any change of district boundaries or classification of property as shown on the zoning map and for regulation amendments shall be submitted to the Planning Commission at its public office, on appropriate forms and all shall accompanied by such data and information as may be prescribed for that purpose by the Commission so as to assure the fullest practicable presentation of facts for the permanent record. Such data shall include:
(a) The name and street address of the petitioner.
(b) The lot number of any real estate owned by the petitioner adjacent or within the areas proposed to be changed.
(c) A list of names of the owners of property within, contiguous to and directly across the street from the parcel sought out to be affected, including the addresses of such owners or if known a statement of that fact and the address of the property.
(d) An accurate legal description of the district or area proposed to be altered.
(e) An accurate map, diagram, or sketch of the district or area to be as altered and the land contiguous thereto.
(f) Facts indicating that the proposed change requested will not be detrimental to the public health, safety or welfare and is in the public interest.
(g) The interest, if any, of the petitioner in the parcel, the subject of the petition.
(Ord. 1986-06. Passed 5-27-86.)
1181.03 COMMISSION HEARING; NOTICE.
Before submitting its recommendations on an application or its own motion to the Village Council, the Planning Commission shall hold at least one (1) public hearing thereon, notice of which shall be given by one (1) publication in a news media of general circulation in the Village at least ten (10) days before the date of such hearing. Within thirty (30) days after the public hearing, the Planning Commission shall recommend to Council that the amendments are granted as requested or it may recommend that its amendment not be granted.
(Ord. 1986-06. Passed 5-27-86.)
1181.04 COUNCIL HEARING.
After receiving from the Commission the certification of said recommendation on the proposed amendment or supplement, and before adoption of such amendment, the Council shall hold a public hearing thereon at least thirty (30) days notice of the time and place of which shall be given by publication in a news media of general circulation in the Village. If the proposed ordinance amendment intends to re-zone or re-district ten (10) or less parcels of land as listed in the tax duplicate, written notice of the hearing shall be mailed by the Clerk by first class mail, at least twenty (20) days before the date of the public hearing to the owners of property across the street from such parcel or parcels, to the addresses of such owners appearing on the county auditor’s current tax list.
(Ord. 1986-06. Passed 5-27-86.)
1181.05 COUNCIL FINAL ACTION.
Following such hearing and after reviewing the recommendations of the Commission thereon, the Council shall consider such recommendations and vote in the passage of the proposed amendments to the text of the ordinance or the zoning map. To approve a recommendation of the Commission, a majority of the full membership of the Council must vote in the affirmative. All other action by Council to amend or otherwise modify any recommendation of the Commission shall be approved by five-sixth (5/6) of the full membership of the Council.
(Ord. 95-25. Passed 9-19-95.)
1181.06 MAP CHANGE PENDING; ZONING CERTIFICATE.
Whenever the Council has taken under advisement a change of amendment of the Zoning Map from a less restricted district to a more restricted district classification, as evidenced by resolution of record, no zoning certificate shall be issued within sixty (60) days from the date of such resolution which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated re-districting plan.
(Ord. 1986-06. Passed 5-27-86.)
1181.07 FEES.
Each application for a zoning amendment except those initiated by the Commission shall be accompanied by a check, payable to the Village of Ada, or a cash payment, for fifty ($50.00) dollars which is non-refundable. In the event administrative costs (such as publishing and/or posting and mailing the notices of the hearing or hearings) exceed the fifty ($50.00) dollars the applicant will be billed for the balance.