University City City Zoning Code
ARTICLE XIV
Amendments
Section 400.3130 Types of Amendments.
[R.O. 2011 §34-160; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Amendments to this Chapter shall be classified as follows:
1.
Text amendments. Amendments to the written provisions contained in this Chapter shall be referred to as "text amendments".
2.
Map amendments. Amendments to the designation of and/or location of district boundaries illustrated on the official Zoning Map shall be referred to as "map amendments" (also referred to as "rezoning").
Section 400.3140 Application.
[R.O. 2011 §34-161.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Application forms for text or map amendments are available at the Department of Community Development. Completed applications shall be signed by the applicant and submitted to the Zoning Administrator.
1.
Text amendments. An application for a text amendment may be filed by any person.
2.
Map amendments (rezoning). An application for a map amendment may be filed by the City Council, Plan Commission, Board of Adjustment, or any person with financial, contractual, or proprietary interest in the property to be included in the area of the proposed map amendment.
Section 400.3150 Limitations On Filing An Application.
[R.O. 2011 §34-161.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
An application for amendment to this Chapter shall not be accepted by the Zoning Administrator if the application is for a map amendment involving any property which has been the subject of a previous application which was approved or denied within one (1) year of the new application, unless it can be shown to the satisfaction of the Zoning Administrator that substantial new evidence, not available during the review of the original application, will be presented.
B.
An application for a map amendment filed by the City Council, Plan Commission, or Board of Adjustment may be accepted at any time regardless of the time limitations stated above.
Section 400.3160 Submission Requirements.
[R.O. 2011 §34-161.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Text Amendments. An application for text amendments to this Chapter shall set forth the new text to be added and existing text to be deleted.
B.
Map Amendments (Rezoning). An application for a map amendment, which is initiated by a private party, shall include:
1.
A legal description of the property;
2.
A scaled map of the property, clearly showing the boundaries of the property; its current and proposed zoning district classification; and the current zoning classification of adjacent property;
3.
The name, address and telephone number of the petitioner(s);
4.
The petitioner's interest in the property, and if the applicant is not the owner, the name, address and telephone number of the owner(s);
5.
The date of filing with the Zoning Administrator; and
6.
Signature(s) of the petitioner(s) and the owner(s) certifying the accuracy of the required information.
C.
An application for either a text or map amendment shall comply with format and procedures governing the same as adopted by the Plan Commission. In all cases where an application is initiated by a private party, the application shall be accompanied by the fee established by the City Council and on file in the offices of the City Clerk.
Section 400.3170 Staff Review.
[R.O. 2011 §34-162.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Zoning Administrator And Staff Review. Before any final action may be taken by the Plan Commission or City Council on an application for amendment, including an application originating with the Plan Commission, the Zoning Administrator shall coordinate an analysis of the application, including soliciting the input from the Director of Community Development, and any other affected City departments.
B.
Staff Review Report. The coordinated review of an application for amendment shall be completed within sixty (60) days of filing an application. The results of this review shall be compiled by the Zoning Administrator and filed with the Plan Commission.
Section 400.3180 Plan Commission Review.
[R.O. 2011 §34-162.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
The Plan Commission shall report to the City Council its recommendation on any application after receipt of the staff review report. The Zoning Administrator shall forward a copy of the Plan Commission's recommendation to the Historic Preservation Commission.
Section 400.3190 Public Hearing.
[R.O. 2011 §34-162.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
Before acting on any application for amendment, the City Council shall hold a public hearing thereon. The Council shall set a date for the hearing on the application and public notice of it shall be given in accordance with the requirements of Article XV of this Chapter.
Section 400.3200 City Council Action.
[R.O. 2011 §34-162.4; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 6160 §1, 1998]
A.
After holding a public hearing on the proposed amendment and before making its final decision, the City Council may refer the application back to the Plan Commission for additional study. In this event, no additional public hearing is required.
B.
In case of a protest against such change duly 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 proposed to be changed, such change shall not become effective except by the favorable vote of two-thirds (2/3) of all of the members of the City Council. The petition shall be filed with the City Clerk no later than 5:00 P.M. on the date of the first (1st) public hearing.
C.
The Plan Commission may recommend that an application for a map amendment be approved for a part of the property described in the application. The City Council may approve such a partial change to the official Zoning Map.
D.
The Plan Commission may recommend and the City Council may approve a zoning district classification other than the classification requested in the map amendment application, provided that the classification is for a similar use type and could accomplish the objectives of the original application. The district classification of the same use type, as referred to in this paragraph, shall include the "PD" planned districts when the applicant presents plans and supporting documentation required by Article IV, Division 11 prior to or at the public hearing on the proposed map amendment.
Section 400.3210 Withdrawal of Application.
[R.O. 2011 §34-163; Ord. No. 6139 §1(Exh. A (part)), 1997]
Any application for amendment may be withdrawn upon receipt, by the Zoning Administrator, of written notice from the applicant at any point in the review process but prior to the final action on the application by the City Council. Such withdrawal of an application shall not entitle the applicant to a refund of any required fees, nor shall any fees paid be credited to a future application for amendment.