Newark City Zoning Code
§ 36
CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES.
36.1
Declaration of Policy
The City declares the enactment of these regulations governing the use and development of land, buildings, and structures to be a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:
36.2
Authority to Amend Ordinance
The City Council may from time to time, after public hearings required by law, amend, supplement, or change the regulations herein provided or the classification or boundaries of the zoning districts. Any amendment, supplement, or change to the text of the Zoning Ordinance and/or the zoning map [or] any change in the classification or boundaries of the zoning districts may be ordered for consideration by the City Council, may be initiated by the City Council, or may be requested by the owner of the affected real property or the authorized representative of an owner of affected real property.
36.3
Public Hearing and Notice
36.3.1
Upon filing of an application for an amendment to the zoning ordinance and map, the City Council shall hold a public hearing on said application.
36.3.2
Written notice of the public hearing before the City Council shall be sent to the owner of the property or his agent and to all owners of real property lying within two hundred (200) feet of the property on which the change in classification is proposed, such notice, mailed first-class return receipt requested, to be given not less than thirty (30) days before the date of such hearing, to all owners who have rendered their said property for City taxes as the ownership appears on the last approved City tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the City Post Office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the City after the final date for making the renditions which are included on the last approved City tax roll, notice to such owners shall be given by one publication in the official newspaper at least thirty (30) days before the time of the hearing if the addresses of such owners cannot be ascertained by other means. Also, the City Secretary may have the property, lot or tract posted with a sign at least eighteen (18) by twenty-four (24) inches in size which shall state “Zoning Change Requested for Information call City Hall” and the telephone number shall be listed. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken.
36.4
Action of the City Council
36.4.1
The City Council may adopt or refuse to adopt the amendment by a simple majority vote of the Councilmen present and voting. In the event of a tie vote of the city council members present, the Mayor may cast the deciding vote.
36.4.2
In the case of a protest against an amendment to the ordinance signed by the owners of twenty percent (20%) or more either of the area of the lots or land immediately adjoining the area included in the proposed change and extending two hundred (200) feet from that area, such amendment shall not become effective except by an affirmative vote of at least three-fourths of all members of the City Council of the City of Newark.
36.4.3
In making its determination, the City Council shall consider the following factors:
36.4.3.1
Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the city as a whole.
36.4.3.2
Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings.
36.4.3.3
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of such vacant land unsuitable for development.
36.4.3.4
The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed changes.
36.4.3.5
The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified.
36.4.3.6
Any other factors which will substantially affect the public health, safety, morals or general welfare.
36.4.4
In considering a motion to deny a zoning application, or upon voting to deny a zoning application, the City Council shall further consider whether said application shall be denied with or without prejudice against refiling. If the City Council shall deny the application and fail to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being denied without prejudice against refiling. If an application is denied with prejudice, no application may be filed for all or part of the subject tract of land for a period of one (1) year from the date of denial by the City Council. If it is determined by the City Council that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given Agricultural zoning is exempt from the one (1) year waiting period.
36.5
Effect of Denial of Petition
Subject to subsection 36.4.4, in case the application for an amendment to the Zoning Ordinance is denied by the City Council, said application shall not be eligible for reconsideration for one (1) year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the City Council, to be eligible for consideration within one (1) year of the denial of the original application.
In the event of a reapplication affecting the same land is for a zone that will permit the same use of the property as that which would have been permitted under the denied application, the same shall not be considered to be substantially different from the application denied.
36.6
Final approval and Ordinance Adoption
If the amending ordinance is not approved within six (6) months from the time of its original consideration, the zoning request, at the option of the City Council, may be recalled for a new public hearing.
36.7
Changes in Zoning Regulations
Amendments to the Zoning Ordinance not involving a particular property but involving change in the zoning regulations generally do not require notice to individual property owners. In such cases, notice of the required public hearing shall be given by publication in the official newspaper of the city, stating the time and location of the public hearing, which time shall not be earlier than fifteen (15) days from the date of such publication.
(Ordinance A-358 adopted 7/16/09)