Sullivan City Zoning Code
ARTICLE XX
Amendments
Section 400.965 Amendments in General.
[Ord. No. 2974 §1(Art. 20 §320), 11-2-2004]
Amendments to the text of these regulations or to the Zoning Map may be made in accordance with the provisions of this Article.
Section 400.967 Initiation of Zoning Amendments.
[Ord. No. 2974 §1(Art. 20 §321), 11-2-2004; Ord. No. 3039 §1, 12-6-2005]
A.
Whenever a request to amend these regulations is initiated by the Board of Aldermen, the Planning and Zoning Commission, Board of Adjustment or Administrator, the City Attorney in consultation with the planning staff shall draft an appropriate ordinance and present that ordinance to the Board of Aldermen so that a date for public hearing may be set.
B.
Any other person may also petition the Board of Aldermen to amend these regulations. The petition shall be filed with the Administrator and shall include, among the information deemed relevant by the Administrator:
1.
The name, address and phone number of the applicant;
2.
A description of the land affected by the amendment if a change is zoning district classification is proposed;
3.
A description of the proposed map change or a summary of the specific objective of any proposed change in the text of these regulations;
4.
Payment of all fees.
C.
Upon receipt of a petition as provided in Subsection (B), the Administrator shall either:
1.
Treat the proposed amendment as one initiated by the City administration and proceed in accordance with Subsection (A) if he/she believes that the proposed amendment has significant merit and would benefit the general public; or
2.
Forward the petition to the Board of Aldermen with or without written comment for a determination of whether an ordinance should be drafted and a public hearing set in accordance with Subsection (D).
D.
Upon receipt of a proposed ordinance as provided in Subsection (A), the Planning and Zoning Commission may establish a date for a public hearing on it. Upon receipt of a petition for a regulation amendment as provided in Subsection (B), the Board of Aldermen may summarily deny the petition or set a date for a public hearing on the requested amendment and order the attorney, in consultation with the Administrator, to draft an appropriate ordinance.
Section 400.970 Planning and Zoning Commission Consideration of Proposed Amendments.
[Ord. No. 2974 §1(Art. 20 §322), 11-2-2004]
A.
If the Board of Aldermen sets a date for a public hearing on a proposed amendment, it shall also refer the proposed amendment to the Planning and Zoning Commission for its consideration.
B.
The Planning and Zoning Commission shall endeavor to review the proposed amendment in such a timely fashion that any recommendations it may have can be presented to the Board of Aldermen at the public hearing on the amendment. However, if the Planning and Zoning Commission is not prepared to make recommendations at the public hearing, it may request the Board of Aldermen to delay final action on the amendment until such time as the Planning and Zoning Commission can present its recommendations.
C.
The Board of Aldermen need not await the recommendation of the Planning and Zoning Commission before taking action on a proposed amendment, nor is the Board of Aldermen bound by any recommendation of the Planning and Zoning Commission that are before it at the time it takes action on a proposed amendment.
Section 400.975 Hearing Required - Notice.
[Ord. No. 2974 §1(Art. 20 §323), 11-2-2004; Ord. No. 3071 §1, 3-21-2006]
A.
No ordinance that amends any of the provisions of these regulations may be adopted until a public hearing has been held on such ordinance or recommendation.
B.
The Administrator shall publish a notice of the public hearing on any ordinance that amends the provisions of these regulations in a newspaper having general circulation in the area. The notice shall be published at least fifteen (15) calendar days prior to the public hearing. In the event an amendment to the Zoning Map is proposed, notice will be provided in writing to the adjoining property owner(s) and to the owner, if the owner is not the applicant, as identified by the latest property tax register provided by Franklin and/or Crawford Counties and shall be mailed at least fifteen (15) calendar days prior to the public hearing by regular first class mail.
C.
The notice required or authorized by this Section shall:
1.
State the date, time and place of the public hearing;
2.
Summarize the nature and character of the proposed change;
3.
If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment;
4.
State that the full text of the amendment can be obtained from the Administrator; and
5.
State that substantial changes in the proposed amendment may be made following the public hearing.
D.
The planning staff shall make every reasonable effort to comply with the notice provisions set forth in this Section. However, it is the Board of Aldermen's intention that no failure to comply with any of the notice provisions (except those set forth in Subsection (B)) shall render any amendment invalid.
Section 400.980 Board of Aldermen Action on Amendments.
[Ord. No. 2974 §1(Art. 20 §324), 11-2-2004]
A.
At the conclusion of the public hearing on a proposed amendment, the Board of Aldermen may proceed to vote on the proposed ordinance, refer it to a committee for further study or take any other action consistent with its usual rules of procedure.
B.
The Board of Aldermen is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.
Section 400.985 Ultimate Issue Before Board of Aldermen on Amendments.
[Ord. No. 2974 §1(Art. 20 §325), 11-2-2004]
A.
In deciding whether to adopt a proposed amendment to these regulations, the central issue before the Board of Aldermen is whether the proposed amendment advances the public health, safety or welfare. All other issues are irrelevant and all information related to other issues at the public hearing may be declared irrelevant by the Mayor and excluded. In particular, when considering proposed map amendments:
1.
The Board of Aldermen shall not consider any representations made by the petitioner that if the change is granted the rezoned property will be used for only one (1) of the possible range of uses permitted in the requested classification. Rather, the Board of Aldermen shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification.
2.
The Board of Aldermen shall not regard as controlling any advantages or disadvantages to the individual requesting the change but shall consider the impact of the proposed change on the public at large.
Section 400.990 Protests to Zoning District Changes.
[Ord. No. 2974 §1(Art. 20 §326), 11-2-2004]
In case of written protest filed against any proposed change or amendment to the Zoning Map signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.