Newton Falls City Zoning Code
CHAPTER 1161
Amendments
1161.01 ACTION BY THE APPLICANT.
The following action shall be taken by the applicant for an amendment to the text of this ordinance or any map adopted hereunder.
(a) Initiation of Amendment.
(1) Proposed changes or amendments to the ordinance text may be initiated by City Council.
(2) Proposed changes or amendments to the zoning district map may be initiated by City Council, the Newton Falls Planning Commission, or by petition of any property owner with a property interest in the parcel of property being petitioned for a map change in accordance with the following procedures.
(b) Application. An application for any change or amendment to the text or map of this ordinance shall contain a description and/or statement of the present zoning regulations or district boundary to be changed and the names and addresses of the owner or owners of the property. Such application shall be filed with the City of Newton Falls no later than 7 days prior to the scheduled public hearing date set by the Newton Falls Planning Commission.
(c) Fees. When a proposed amendment is initiated by an individual or parties other than the City Council or the Newton Falls Planning Commission, a fee shall be paid for each application for administrative and advertising expenses as set forth in the following table.
(1) Rezoning.
A. From any district to R-1, or R-2, district only - $200.00.
B. From any district to R-M, R-MHP, any commercial or industrial district - $400.00.
C. Non-refundable, includes all advertising, legal, & administrative review related costs
(2) Use Permitted Upon Review.
A. For only those listed as such in these Regulations - $100.00.
B. Non-refundable, includes all advertising, legal, & administrative review related costs.
(3) Street Dedication and/or Vacancy.
A. All street dedications and Vacancies - $100.00.
B. Non-refundable, includes all advertising, legal, & administrative review related costs.
(4) Site Plan Review.
A. All site plan reviews - $150.00.
B. Non-refundable.
(5) Administrative Appeal.
A. From either the Zoning Code or the Subdivision Regulations - $100.00.
B. Refundable only if the appeal is upheld in favor of the appellant.
(6) Variance.
A. From either the Zoning Code or the Subdivision Regulations - $100.00.
B. Refundable only if decision is made that a variance was not required in this case.
1161.02 ACTION BY THE NEWTON FALLS PLANNING COMMISSION.
(a) Newton Falls Planning Commission Rezone Consideration. Upon receipt of an application for an amendment to the zoning ordinance or map, the Planning Commission shall schedule a public hearing and consider the matter within 30 days.
(b) Public Hearing.
(1) No amendment to the zoning ordinance shall be considered by City Council until after public notice and hearing by the Newton Falls Planning Commission.
(2) All interested parties shall be heard at the public hearing.
(c) Notice of Hearing.
(1) Notice of a public hearing shall be published in a newspaper of general circulation at least 7 days prior to the hearing. The notice shall carry an appropriate descriptive title, and shall state the time, date and place of hearing. (Ord. 93-51. Passed 12-6-93.)
(2) A. Notice shall be in compliance with ORC 713.12;
B. Amendments to rezone ten or fewer parcels require supplemental notice to property owners by the Clerk of the legislative authority. Said notice shall also be given at least 7 days in advance of a public hearing to the owner of the property and all property owners immediately adjacent to the property for which the rezoning is requested or his agent. Notification shall be by United States Post Office proof of mailing.
(Ord. 2016-03. Passed 6-16-16.)
(Ord. 2016-03. Passed 6-16-16.)
(3) The Newton Falls Planning Commission at the close of the public hearing may defer taking lawful action on the proposed amendment until it has sufficient time to consider any new evidence or suggestions presented at the public hearing.
(d) Action by City Council.
(1) After conducting a duly advertised public hearing, the Newton Falls Planning Commission shall consider all information presented at the hearing.
(2) Before any map amendment is approved by City Council, the Newton Falls Planning Commission and City Council must find that the map amendment is in agreement with the City’s comprehensive plan or, in the absence of such findings, that one or more of the following apply; and such findings shall be recorded in the minutes and records of the Newton Falls Planning Commission and City Council.
A. That the original zoning classification given the property was improper or in appropriate.
B. That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the City’s comprehensive plan and which have substantially altered the basic characteristic of such area.
(3) If the Newton Falls Planning Commission recommends disapproval of the request for an amendment, City Council may reject the recommendation of the Newton Falls Planning Commission by a favorable vote of four members of Council.