Providence Village City Zoning Code
§ 18
CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES.
A.
Declaration of Policy:
The Town declares the enactment of these regulations governing the use and development of land, buildings, and structures as 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:
B.
Authority to Amend Ordinance:
(a)
Upon a recommendation from the Planning and Zoning Commission, the Council may from time to time, after holding public hearings as required by law, amend, supplement, or change the regulations provided in this ordinance or the boundaries of the zoning districts. Any ordinance regulations or zoning district boundary amendment may be requested by the town council, the Planning and Zoning Commission, or, in writing by the owner of real property, or the authorized representative of an owner of real property. Upon such request, the item(s) shall be posted on the next Planning and Zoning Commission agenda after proper application and notification has been made. All amendments shall be effective only upon passage of an ordinance making the appropriate amendments.
(b)
Consideration for a change in any district boundary line or special zoning regulation may be initiated only by the property owner or his or her authorized agent or by the Planning and Zoning Commission or the town council on its own motion when it finds that public benefit will be derived from consideration of such matter. Proof of authorization by the property owner must be submitted with the zoning application. In the event the ownership stated on an application and that shown in town records are different, the applicant shall submit proof of ownership or verification that he or she is acting as an authorized agent for the property owner.
C.
Planning and Zoning Commission and Council Consideration:
In making its determination, the Planning and Zoning Commission and Council shall consider, among other things, the following factors:
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 Town as a whole.
2.
Whether the proposed change is in accordance with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the areas and shall note the findings.
3.
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the Town, and special circumstances which may make a substantial part of the vacant land unavailable for development.
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 change.
5.
How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether the designation for other areas should be modified also.
6.
Any other factors which will substantially affect the health, safety, morals or general welfare of the residents of the Town.
D.
Planning and Zoning Commission Public Hearing, Notice, and Recommendation:
(a)
The Planning and Zoning Commission shall function in accordance with Ordinance No. 2016-93 and with applicable provisions in the Town’s Code of Ordinances.
(b)
The Planning and Zoning Commission shall hold a public hearing on a zoning or rezoning request, and/or a proposed text amendment to the zoning ordinance. After all public input has been received and the public hearing closed, the Planning and Zoning Commission shall make its recommendations on the proposed zoning request and concept plan, if submitted, stating its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the Town’s comprehensive plan. The Planning and Zoning Commission may, on its own motion or at the applicant’s request, defer its decision recommendations until it has had an opportunity to consider other information or proposed modifications to the request which may have a direct bearing thereon. If the Planning and Zoning Commission elects to table the request, such tabling shall specifically state the time period of the tabling by citing the meeting date whereon the request will reappear on the Planning and Zoning Commission’s agenda.
(c)
When the Planning and Zoning Commission is ready to act upon the zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions as in the case of a planned development district or a conditional use permit, or disapproval of the request. If the Planning and Zoning Commission’s recommendation is to approve the request either as submitted or with additional conditions, then the request will be automatically forwarded to the town council for a second public hearing thereon.
(d)
If the Planning and Zoning Commission recommends denial of the zoning change request, it shall provide reasons to the applicant for the denial, if requested by the applicant. The Planning and Zoning Commission chairperson shall inform the applicant of the right to receive reasons for the denial.
(e)
(1)
(A)
For zoning or rezoning requests involving real property, the Planning and Zoning Commission shall hold at least one public hearing on each zoning application. Before the tenth (10th) calendar day before the hearing date before the Planning and Zoning Commission, written notice of the purpose, time and place of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved Town tax roll, of the subject property and of the property located within the area of application and within two hundred (200) feet of the property on which the change in classification is proposed. This notice shall be served by deposit, properly addressed with postage paid, in the United States mail.
(B)
If property within two hundred (200) feet of the property on which the change in classification is proposed is located in territory annexed to the town and is not included on the most recently approved town tax roll, the notice stating the time and place of such public hearing shall also be given by publication in the town’s official newspaper a minimum of fifteen (15) calendar days prior to the date of the public hearing.
(2)
Before the tenth (10th) day before the hearing date, the public hearing by the Planning and Zoning Commission, written notice of the purpose, time and place of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification affecting residential or multifamily zoning shall be sent to each school district in which the property for which the change in classification is proposed is located. This notice shall be served by deposit, properly addressed with postage paid, in the United States mail.
(3)
Changes in the zoning ordinance text that do not change zoning district boundaries do not require written notification to individual property owners. Notice of the purpose, time and place of the public hearing conducted by the Planning and Zoning Commission must be published in the town’s official newspaper not less than fifteen (15) calendar days prior to the date of the public hearing. This notice may be combined with the notice of public hearing before the Council so long as the single publication is not less than fifteen (15) calendar days prior to both the Planning and Zoning Commission public hearing and the town council public hearing.
(4)
The Town may, at its option, establish additional rules and procedures for public notification of proposed zoning changes or development proposals such as site plans, plats and developer agreements, which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s). Adherence to such rules and procedures, if so established by the Town, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application.
E.
Failure to Appear:
Failure of the applicant or representative to appear before the Planning and Zoning Commission or the Town Council for more than one hearing, without an approved delay by the Planning and Zoning Commission or town council, shall constitute sufficient grounds for the Planning and Zoning Commission or the Town Council to table or deny the application.
F.
Council Public Hearing, Notice, and Consideration:
(a)
Applications forwarded from the planning and zoning commission to the town council.
(1)
All proposed changes in the text of the zoning ordinance, regardless of the recommendation by the Planning and Zoning Commission, and every application for zoning or rezoning which is recommended for approval, or approval with conditions, by the Planning and Zoning Commission shall be automatically forwarded, along with the Planning and Zoning Commission’s recommendation to the town council for setting and holding of public hearing thereon. Written notice of the purpose, time and place of the public hearing conducted by the town council must be published in the town’s official newspaper at a minimum of fifteen (15) calendar days prior to the date of the public hearings. Ultimate approval of such requests will require a simple majority vote of all members of the town council.
(2)
An application for zoning or rezoning which is recommended by the Planning and Zoning Commission for denial shall not be forwarded to the town council unless the applicant files a written appeal with the town secretary within ten (10) calendar days after the Planning and Zoning Commission’s decision. Said appeal will, in that instance, be forwarded to the town council along with the Planning and Zoning Commission’s reasons for denial of the request. The appeal shall be scheduled for the next possible town council agenda, following appropriate publication of notice as prescribed in subsection (a)(1) above. Ultimate approval of the request will require a three-fourths (3/4ths) majority vote of all members of the town council. No zoning change shall become effective until after the adoption of an ordinance for same.
(b)
Town council action on zoning, rezoning and text amendment requests.
After a public hearing is held before the town council regarding the zoning application or text amendment, the town council may approve the request in whole or in part, approve the request with conditions, deny the request in whole or in part, table the application to a future meeting, specifically citing the town council meeting to which it is tabled, or it may refer the application back to the Planning and Zoning Commission for further study.
(1)
If the town council approves the request, then subsection (d) will apply.
(2)
If the town council denies the request, then no other zoning application may be filed for all or part of the subject tract of land, or for that portion of the zoning ordinance, in the case of a text amendment request submitted by a property owner or citizen, for a waiting period of six months following the denial. In the instance that the request was initiated by the town council and involved a proposed amendment to the text of the zoning ordinance, then there is no waiting period before the request can be reconsidered.
(3)
The town council may, at its option, waive the six-month waiting period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered.
(c)
Protests.
If a proposed change to a regulation or boundary is protested in accordance with this section and state law, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the town council. The protest must be written and signed by the owners of at least twenty percent (20%) of either:
(d)
Final approval and ordinance adoption.
Upon approval of the zoning request by the town council, the applicant shall submit all related material with revisions, if necessary, to the Town Manager, or his or her designee, for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the town council makes a decision to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared or formally adopted until a correct description and all required exhibits have been submitted to the Town Manager, or his or her designee.
(Ordinance 2014-060-01, sec. 18, adopted 4/14/14; Ordinance 2014-060-01, sec. 18, adopted 3/9/15; Ordinance 2014-060-02, sec. 18, adopted 12/15/15; Ordinance 2014-060-03, sec. 18, adopted 5/17/16; Ordinance 2014-060-06 adopted 5/16/17)