The intent of this chapter is to provide a procedure for processing applications or petitions for zone changes and amendments. The zoning commission may make recommendations and the city council may amend, supplement or change this title, regulations and map pertaining hereto.

(Ord. 298 § 1 (part) (11.02.330), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

Written applications for zone changes or amendments shall be submitted on standard forms, signed, and filed with the zoning officer. No application will be regarded as having been filed unless it is complete and all applicable fees have been paid.

A.

The application for a zone change shall include, but not be limited to, the following:

1.

A description of the present and proposed zoning,

2.

A legal description and general location of the tract upon which the zone change is sought,

3.

The area and dimensions of the parcel,

4.

Covenants or deed restrictions on the property, if any, must be provided with the application,

5.

The name, address and phone number of the owner(s) of the land and agent(s), if any. Applications must be signed by the owner(s);

B.

A list of all owners of property located within one hundred fifty (150) feet of the property for which a zone change is requested, their mailing addresses and legal descriptions of their property. The list must be certified by the county clerk and recorder or an authorized title company;

C.

A map showing the present and proposed zone change in relation to zoning of properties within one hundred fifty (150) feet of the property for which a zone change is requested;

D.

The application must be submitted at least fifteen (15) days prior to a meeting of the zoning commission;

E.

The application must be accompanied by the payment of applicable fees as set forth in Chapter 17.116 for the purpose of defraying expenses related to the proceedings. No application will be regarded as having been filed until such fee has been paid;

F.

The application may be withdrawn or amended by the applicant prior to the legal advertising as required by this chapter if the request is submitted in writing and signed by the owner(s).

(Ord. 298 § 1 (part) (11.02.331), 1997)

The zoning officer, upon receiving an application for a zone change or amendment, shall do the following:

A.

Consult with other departments of the city or county to fully evaluate the impact of the proposed zone change or amendment upon public facilities and services;

B.

Study each application with reference to the effect of the proposed zone change or amendment on the character of the district and its peculiar suitability for particular uses, the value of buildings, and existing and proposed land uses. In addition, the zoning officer shall evaluate whether the proposed zone change or amendment is in accordance with the Columbus area master plan and is designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;

C.

Place notice of the time, date and place for the public hearing required under Section 17.132.040 in a newspaper of general circulation fifteen (15) days in advance of the date set for the public hearing;

D.

Notify the owner(s) of the property, or his or her agent, of the time, date and place of the public hearing fifteen (15) days in advance of that date;

E.

Notify the owners of property located within one hundred fifty (150) feet of the exterior boundaries of the property subject to the proposed zone change or amendment of the time, date and place of the public hearing by depositing the notice properly addressed in the United States mail with postage paid at the first-class rate at least fifteen (15) days prior to the date of the public hearing. The zoning officer may notify owners of property within a radius of more than one hundred fifty (150) feet of the property subject to the proposed zone change or amendment if he or she determines that the proposed use of the property would likely have a substantial impact on the surrounding land uses;

F.

Place a notice of the time, date and place of the public hearing on the property fifteen (15) days prior to the hearing date;

G.

Report his or her findings, in writing, to the zoning commission, which report shall be a matter of public record.

(Ord. 298 § 1 (part) (11.02.332), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

The zoning commission shall hold a public hearing on the matters referred to in such application or petition at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city. All owners of property located within one hundred fifty (150) feet of the site of the proposed zone change or amendment shall be notified of the proposed change via the United States mail at least fifteen (15) days prior to the public hearing. Names and addresses of adjoining property owners will be provided to the zoning officer by the applicant and will be certified by the county clerk and recorder or an authorized title company. The project site shall be posted indicating the time and location of the public hearing at least fifteen (15) days prior to the hearing date.

(Ord. 298 § 1 (part) (11.02.333), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

After such hearing, the zoning commission will make reports and recommendations on such applications or petitions to the city council. The zoning commission, before it recommends a zone change or amendment, shall determine whether the proposed zone change or amendment:

A.

Is designed in accordance with the comprehensive plan;

B.

Is designed to lessen congestion in the street;

C.

Will secure safety from fire, panic and other dangers;

D.

Will promote health and the general welfare;

E.

Will provide adequate light and air;

F.

Will prevent the overcrowding of land;

G.

Will avoid undue concentration of population;

H.

Will facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements;

I.

Gives reasonable consideration to the character of the district;

J.

Gives reasonable consideration to the peculiar suitability of the property for particular uses;

K.

Will conserve the value of buildings; and

L.

Will encourage the most appropriate use of land throughout the municipality.

(Ord. 298 § 1 (part) (11.02.334), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

No construction shall commence until such time of approval by the city council.

A.

In approving applications for zone changes or amendments, the zoning commission shall recommend and the city council shall approve such lawful zone changes or amendments which are not detrimental to substantial protection of public health, safety and general welfare. Final approval or disapproval will be made by the city council based on whether the proposed zone change or amendment:

1.

Is designed in accordance with the comprehensive plan;

2.

Is designed to lessen congestion in the street;

3.

Will secure safety from fire, panic and other dangers;

4.

Will promote health and the general welfare;

5.

Will provide adequate light and air;

6.

Will prevent the overcrowding of land;

7.

Will avoid undue concentration of population;

8.

Will facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements;

9.

Gives reasonable consideration to the character of the district;

10.

Gives reasonable consideration to the peculiar suitability of the property for particular uses;

11.

Will conserve the value of buildings; and

12.

Will encourage the most appropriate use of land throughout the municipality.

B.

After receiving the zoning commission's recommendation, the city council shall schedule a public hearing on the matters referred to in the application or petition for zone change or amendment at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city. All owners of property located within one hundred fifty (150) feet of the site of the proposed zone change or amendment shall be notified of the proposed change via United States mail at least fifteen (15) days prior to the public hearing. Names and addresses of adjoining property owners will be provided to the city clerk by the applicant and will be certified by the county clerk and recorder or an authorized title company. If applicable, the subject real property shall be posted indicating the time and location of the public hearing at least fifteen (15) days prior to the hearing date.

C.

If there is a protest against a proposed amendment or zone change to this title, including a change in the district boundaries, signed by the owners of twenty-five (25) percent or more of the area of the lots included in any proposed change or those lots one hundred fifty (150) feet from a lot included in a proposed change, such amendment shall not become effective except upon a favorable vote of two-thirds of the present and voting members of the city council.

(Ord. 307 § 1, 1999; Ord. 298 § 1 (part) (11.02.335), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)