Ashland City Zoning Code
AMENDMENT PROCEDURE
§ 157.260 CHANGES AND AMENDMENTS; PUBLIC HEARING.
The City Commission may, on its own motion, upon recommendation of the Planning Commission, or upon petition by an interested person, amend, supplement, change, modify or repeal the regulations or district boundaries established by this chapter. in no case shall final action by the City Commission be taken on amending, changing, supplementing, modifying or repealing the regulations or district boundaries hereby established until a public hearing has been held by the Planning Commission at which parties in interest and citizens shall have an opportunity to be heard. Every proposed amendment, supplement, change, modification or repeal of this chapter shall be referred to the Planning Commission for its recommendation and report.
(Prior Code, § 157.245) (Ord. 101-1986, passed 10-7-1986)
§ 157.261 PETITION FOR AMENDMENT; REQUIREMENTS.
The petition of any interested person to amend the district boundaries or regulations established by this chapter shall be made on forms provided by the Zoning Administrator and shall include the following information:
(A) A description and/or statement of the present and proposed regulations or district boundaries;
(B) The names and addresses of the party or parties requesting (or parties to) the amendment. (Property owners in the case of a zoning map amendment);
(C) In cases involving the amendment of a zoning district boundary, a currently accurate survey or tax map showing all parcels of land included in the petition, and a legal description of the property;
(D) The names and addresses of persons owning land within 200 feet of the property for which a map amendment is sought; and
(E) The person or persons submitting a petition shall pay all expenses incurred by the city in the proper advertisement of the public hearing and administrative review of the application. Such fee shall be set by the City Commission.
(Prior Code, § 157.246) (Ord. 101-1986, passed 10-7-1986)
§ 157.262 ACTION BY THE PLANNING COMMISSION.
Every proposed amendment, supplement, change, modification or repeal of this chapter shall be referred to the Planning Commission for its recommendation and report.
(A) A petition to amend the district boundaries or regulations established by this chapter shall be considered by the Planning Commission at its next available agenda through a duly advertised and conducted public hearing.
(B) The Planning Commission shall render its decision on any properly filed petition within 60 calendar days after the public hearing of such petition and shall transmit its recommendation and report, including the reasons for its determinations, to the City Commission.
(Prior Code, § 157.247) (Ord. 101-1986, passed 10-7-1986)
§ 157.263 ACTION BY CITY COMMISSION.
The City Commission shall examine all such applications, reports and recommendations transmitted to it and shall take such further action as it deems necessary and desirable. The City Commission shall approve or deny the proposed amendment to the official zoning map or regulations subsequent to consideration of the Planning Commission recommendations regarding the proposed official zoning map or regulations amendment.
(Prior Code, § 157.248) (Ord. 101-1986, passed 10-7-1986)
§ 157.264 REASONS FOR AMENDMENT; AGREEMENT WITH COMPREHENSIVE PLAN.
(A) This chapter, including the official zoning map, is based upon, and is intended to implement, the comprehensive plan. Before any zoning map amendment is granted, the Planning and/or City Commission must find that the map amendment is in agreement with the Comprehensive Plan or, in the absence of such a finding, that one or more of the following apply (such findings shall be recorded in the minutes and records of the Planning Commission and/or City Commission.).
(1) That the original zoning classification given to the property was inappropriate or improper.
(2) That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the comprehensive plan and which have substantially altered the basic character of the area.
(B) In addition to division (A) of this section, the Planning Commission and City Commission shall review proposed zoning ordinance and map amendments with respect to sound land use planning principals and may approve or reject an amendment on such grounds.
(Prior Code, § 157.249) (Ord. 101-1986, passed 10-7-1986)
§ 157.265 WITHDRAWAL OF PETITION.
Any petition submitted in accordance with provisions of § 157.260 for the purpose of amending the regulations or district boundaries established by this chapter may be withdrawn at anytime prior to City Commission final action.
(Prior Code, § 157.250) (Ord. 101-1986, passed 10-7-1986)
§ 157.266 RECONSIDERATION OF PETITION.
Whenever a petition requesting a zoning map or ordinance amendment has been denied, such petition, or other petition for the same area, (or similar proposal), shall not be considered again sooner than 12 months after the date of denial, unless the City Commission, after considering the recommendation of the Planning Commission, shall find that there have been substantial changes in conditions or circumstances bearing on the petition.
(Prior Code, § 157.251) (Ord. 101-1986, passed 10-7-1986)
§ 157.267 EFFECT OF AMENDMENT PETITION OF BUILDING PERMITS.
Whenever a petition requesting an amendment to the zoning boundaries or regulations is filed with the Zoning Administrator, no building permits or certificates of occupancy shall be issued for property within the affected area until the petition is acted upon by City Commission. Building permits and certificates of occupancy issued prior to the filing of a zoning boundary or regulations amendment petition shall not be adversely affected under this provision. The Zoning Administrator shall issue building permits and certificates of occupancy for property within such an affected area when it is clear that the structure or use is permitted under the provisions of both the existing and petitioned zoning district or regulations. Projects under development may be completed, and certificates of occupancy issued, when a valid building permit was issued prior to filing of a zoning boundary or regulation amendment petition.
(Prior Code, § 157.252) (Ord. 101-1986, passed 10-7-1986)