- AMENDMENTS
In amending the text of this ordinance or in amending the zoning map, the procedure shall be as follows.
Any individual, corporation or agency, public or private, may initiate a proposal for amendment. Such request shall be submitted in writing to the building inspector on an application provided by the City of Sylvania.
All amendments to the zoning ordinance and the zoning map adopted pursuant to the zoning ordinance shall be based on and interpreted in relation to the following policies and factors:
(1)
Existing uses and zoning of nearby property.
(2)
The extent to which property values are diminished by the particular zoning restrictions.
(3)
The extent to which the destruction of property values of the subject property promotes the health, safety, morals or general welfare of the public.
(4)
Relative gain to the public as compared to the hardship imposed upon the individual property owner.
(5)
The suitability of the subject property for the zoned purposes.
(6)
The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property.
(7)
The aesthetic effect of existing and future use of the property as it relates to the surrounding area.
(8)
Conformity with or divergence from the land use plan.
The application for tentative approval of an amendment shall include a written statement by the landowner setting forth the reasons why, in his opinions, the proposed amendment should be enacted in light of the above policies and factors.
All proposed amendments shall be submitted to the building inspector, who shall prepare an assessment of the proposed amendment based upon the policies and factors listed in section 8-3017-3. Said assessment will be prepared within five days of receipt of the application to rezone by the building inspector. The proposed amendment and assessment shall then be submitted to the planning and design commission which shall have 30 days within which to submit a report and recommendation to the city council. Failure of the planning and design commission to act within these time limits shall be deemed to constitute amendment approval. Such recommendation shall be advisory only.
Before an amendment to this ordinance is enacted, a public hearing on the amendment shall be held. At least 15 days but not more than 45 days prior to the date of the hearing, the building inspector shall file a notice of public hearing which shall be published in a newspaper of general circulation in the city. Such notice shall state the time, place and purpose of the hearing together with the location of the property, the present zoning classification of the property and the proposed zoning classification of the property.
The Sylvania city council shall conduct this public hearing. The mayor shall preside at said hearing and shall observe the following procedures:
(1)
In order for a person in attendance to speak, the mayor must first recognize such person. Upon rising to speak the person recognized will first identify himself. The mayor may also request that such person furnish a home or business address, [as] appropriate.
(2)
The person speaking will be allowed two minutes to express opinions and make points on each separate element of the proposed revisions which he wishes to address, with a maximum total of ten minutes allowed per person.
(3)
When elements that attendees wish to discuss have been addressed and all arguments relative to each element have been made, the clerk will, from notes he has made, restate each point, one at a time, and the attendees will be asked for a show of hands of those who support that same point, thus allowing each person an effective voice. A count of the supporters will be recorded by the clerk.
The Sylvania city council shall take final action on the passage of said amendment on or before the third regularly scheduled council meeting following the public hearing. A copy of the public hearing procedures as well as a copy of policies and factors to be considered in rezoning procedures shall be made available to all members of the general public.
When a proposed amendment affects the district classification of particular pieces of property, the building inspector shall cause to be conspicuously located on or adjacent to the property affected a sign of not less than nine square feet, with not less than three-inch black letters upon a white background which shall read as follows:
NOTICE TO THE PUBLIC
A petition for zoning amendment has been filed with city council requesting that this property be changed from zone (insert present zone) to zone (insert zone requested). A public hearing will be held at (insert place) on (date) at (time). All those in favor [of] or objecting to this petition should be present to voice their support or objection.
Such notice shall be posted at least 15 days prior to the hearing.
Newly annexed areas shall be considered to be zoned as R-1 (single- family residential) in the interim between date of annexation and city council action. Within 60 days of annexation, the planning and design commission, after public hearing, shall recommend to [the] city council and [a] zone classification for such newly annexed areas which will carry out the objectives of the land use plan and this ordinance.
- AMENDMENTS
In amending the text of this ordinance or in amending the zoning map, the procedure shall be as follows.
Any individual, corporation or agency, public or private, may initiate a proposal for amendment. Such request shall be submitted in writing to the building inspector on an application provided by the City of Sylvania.
All amendments to the zoning ordinance and the zoning map adopted pursuant to the zoning ordinance shall be based on and interpreted in relation to the following policies and factors:
(1)
Existing uses and zoning of nearby property.
(2)
The extent to which property values are diminished by the particular zoning restrictions.
(3)
The extent to which the destruction of property values of the subject property promotes the health, safety, morals or general welfare of the public.
(4)
Relative gain to the public as compared to the hardship imposed upon the individual property owner.
(5)
The suitability of the subject property for the zoned purposes.
(6)
The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property.
(7)
The aesthetic effect of existing and future use of the property as it relates to the surrounding area.
(8)
Conformity with or divergence from the land use plan.
The application for tentative approval of an amendment shall include a written statement by the landowner setting forth the reasons why, in his opinions, the proposed amendment should be enacted in light of the above policies and factors.
All proposed amendments shall be submitted to the building inspector, who shall prepare an assessment of the proposed amendment based upon the policies and factors listed in section 8-3017-3. Said assessment will be prepared within five days of receipt of the application to rezone by the building inspector. The proposed amendment and assessment shall then be submitted to the planning and design commission which shall have 30 days within which to submit a report and recommendation to the city council. Failure of the planning and design commission to act within these time limits shall be deemed to constitute amendment approval. Such recommendation shall be advisory only.
Before an amendment to this ordinance is enacted, a public hearing on the amendment shall be held. At least 15 days but not more than 45 days prior to the date of the hearing, the building inspector shall file a notice of public hearing which shall be published in a newspaper of general circulation in the city. Such notice shall state the time, place and purpose of the hearing together with the location of the property, the present zoning classification of the property and the proposed zoning classification of the property.
The Sylvania city council shall conduct this public hearing. The mayor shall preside at said hearing and shall observe the following procedures:
(1)
In order for a person in attendance to speak, the mayor must first recognize such person. Upon rising to speak the person recognized will first identify himself. The mayor may also request that such person furnish a home or business address, [as] appropriate.
(2)
The person speaking will be allowed two minutes to express opinions and make points on each separate element of the proposed revisions which he wishes to address, with a maximum total of ten minutes allowed per person.
(3)
When elements that attendees wish to discuss have been addressed and all arguments relative to each element have been made, the clerk will, from notes he has made, restate each point, one at a time, and the attendees will be asked for a show of hands of those who support that same point, thus allowing each person an effective voice. A count of the supporters will be recorded by the clerk.
The Sylvania city council shall take final action on the passage of said amendment on or before the third regularly scheduled council meeting following the public hearing. A copy of the public hearing procedures as well as a copy of policies and factors to be considered in rezoning procedures shall be made available to all members of the general public.
When a proposed amendment affects the district classification of particular pieces of property, the building inspector shall cause to be conspicuously located on or adjacent to the property affected a sign of not less than nine square feet, with not less than three-inch black letters upon a white background which shall read as follows:
NOTICE TO THE PUBLIC
A petition for zoning amendment has been filed with city council requesting that this property be changed from zone (insert present zone) to zone (insert zone requested). A public hearing will be held at (insert place) on (date) at (time). All those in favor [of] or objecting to this petition should be present to voice their support or objection.
Such notice shall be posted at least 15 days prior to the hearing.
Newly annexed areas shall be considered to be zoned as R-1 (single- family residential) in the interim between date of annexation and city council action. Within 60 days of annexation, the planning and design commission, after public hearing, shall recommend to [the] city council and [a] zone classification for such newly annexed areas which will carry out the objectives of the land use plan and this ordinance.