(a)

Principles. Amendments of the text and zoning map of this chapter may be undertaken from time to time in order to carry out the purposes stated in section 19-1, and to improve this chapter's ability to effectively carry out these purposes. Proposed amendments should be considered with significant attention to the issues of whether they promote health, safety, and the general welfare and encourage the most appropriate use of land.

(b)

Limitations. Zoning classifications shall not be established nor the official zoning map amended in the following manners:

(1)

Conditional zoning. Zoning classifications shall not be based on conditions of time and/or development which will result in an automatic classification change at a future date.

(2)

Contract zoning. Zoning classifications shall not be based on assurances by an applicant, or conditions imposed by the city council that rezoned property will be developed in a particular, limited fashion.

(3)

Spot zoning. Zoning classifications shall not be adopted in a manner which confers special benefit or places special consideration upon a particular parcel of land, nor adopted in a manner which classifies a relatively small area differently from surrounding property of similar nature and logical use, without sound basis in the purposes of zoning as set forth in this chapter and state law.

(c)

Amendment to the zoning ordinance by the governing body.

(1)

Before amending the zoning ordinance, the city council with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the city council with the advice of the planning commission, must find that there have been major changes of an economic, physical or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.

(2)

When a proposed amendment to the zoning ordinance involves a change in the zoning map classification of any parcel of land, or a change to the applicable zoning ordinance text regulations that changes the allowed dwelling unit density of any parcel of land, the governing body shall, at least 30 days prior to the enactment of the proposed amendment if there is not an election, or at least 30 days prior to an election on the proposed amendment to the zoning ordinance:

a.

Give written notice by certified mail to the landowner(s) whose property is directly involved in the proposed amendment to the zoning ordinance; and

b.

Publish notice of the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of W. Va. Code, § 59-3-1.

(d)

Amendments to the zoning ordinance by petition.

(1)

After the enactment of the zoning ordinance, the planning commission or the owners of 50 percent or more of the real property in the area to which the petition relates may petition to amend the zoning ordinance. The petition must be signed and be presented to the planning commission or the recorder of the city council.

(2)

Within 60 days after a petition to amend the zoning ordinance is received by the planning commission or the city council, then the planning commission or the city council must hold a public hearing after giving public notice. The public notice of the date, time and place of the public hearing must be published in a local newspaper of general circulation in the area affected by the proposed zoning ordinance, as a Class I legal advertisement, in accordance with the provisions of W. Va. Code, § 59-3-1 et seq., at least 15 days prior to the public hearing.

(3)

If the petition to amend the zoning ordinance is from the owners of 50 percent or more of the real property in the area, then before amending the zoning ordinance, the city council with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the city council with the advice of the planning commission, must find that there have been major changes of an economic, physical or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.

(e)

Changes in official zoning map. Changes in district boundaries shall be entered on the official zoning map promptly after such changes have been approved by the city council. No change in the official zoning map shall be valid unless all previous changes have been properly entered on the official zoning map.

(Ord. No. 233, § 1, 4-17-12)