Walhalla City Zoning Code
ARTICLE IX
Amendments
§ 330-1.61 Amendment conditions.
This Zoning Ordinance, including the Zoning Map, may be amended from time to time by the City Council, provided:
A.
No amendment shall become effective unless it shall have been proposed by, or shall have first been submitted to, the Planning Commission for review and recommendation. The Planning Commission shall have 30 days within which to submit its report. If said Commission fails to submit a report within 30 days, it shall be deemed to have approved the requested amendment.
B.
In no instance shall a property owner or owners initiate action for a zoning amendment affecting the same parcel of property, or any part thereof, more often than once every six months.
§ 330-1.62 Initiation of amendment.
A.
Proposed changes or amendments to this Part 1 may be initiated by:
(1)
The City Council of Walhalla; or
(2)
The Walhalla Planning Commission; or
(3)
The Walhalla Board of Zoning Appeals; or
(4)
Property owners of the property in question; or
(5)
Citizens' petition:
(a)
Official Zoning Map. A petition containing the signatures of all the owners of at least 10 lots, each one of which is owned by a separate person. At least five of the lots whose owners sign the petition shall be within 250 feet of the area to be affected by the proposed amendment.
(b)
Text of ordinance. A petition containing the signatures of all the owners of at least 10 lots, each one of which is owned by a separate person.
B.
Any application for a Zoning Map amendment shall be on a form supplied by the Zoning Administrator and shall contain or be accompanied by:
(1)
A written description of the present and proposed future use of the affected lot;
(2)
A written description of the present zoning district and its boundaries, and the proposed zoning classification and district boundaries;
(3)
A plan drawn to scale showing the area involved;
(4)
A statement of the names and addresses of the owners of the affected lots;
(5)
A statement of the names and addresses of the owners of all lots within 150 feet of the lots which will be affected by the proposed amendment.
C.
Changes to the text of the Zoning Ordinance shall be in the form of a written proposal stating the section to be amended, the existing and proposed changes and a brief rationale.
D.
Seven copies of the amendment application and any attachments shall be filed with the Zoning Administrator. Before any action shall be taken as provided in this article, the person requesting the amendment shall pay all fees set by the City Council of Walhalla. Neither the City of Walhalla nor any office or department of the City shall be required to pay a fee.
§ 330-1.63 Public hearing.
Upon receipt of an application for an amendment, the Planning Commission shall hold a public hearing thereon. The Planning Commission may consolidate applications and hold one hearing for any number of pending applications. At least 15 days' public notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City of Walhalla.
§ 330-1.64 Planning Commission report.
After the public hearing, the Planning Commission shall prepare a report and make recommendations to the City Council on each proposed amendment, stating its findings and its evaluation of the request. In making its report, the Planning Commission shall consider the following factors:
A.
The relationship of the request to the Comprehensive Plan; and
B.
Whether the request violates or supports the Comprehensive Plan; and
C.
Whether adequate public school facilities, roads and other public services exist, or can be provided to serve the needs of the development likely to take place as a result of such amendment, and the consequence of the amendment; and
D.
Whether the uses permitted by the proposed amendment would be appropriate in the area concerned; and
E.
Whether the proposed amendment is in accord with any existing or proposed plans for providing public water supply and sanitary sewer to the area.
§ 330-1.65 Declaration of policy.
As a matter of policy, no request to amend the ordinance or the map shall be acted upon favorably except:
A.
Where necessary to implement the Comprehensive Plan; or
B.
To correct any original mistake, a manifest error in the regulations or map; or
C.
To recognize substantial change or changing conditions or circumstances in a particular locality, including changes in technology, the style of living, the manner of doing business or to promote imaginative and innovative changes which will benefit the City of Walhalla.
§ 330-1.66 Changes in Zoning Map.
Following final action by the City Council, any necessary changes shall be made in the Zoning Map. A written record of the type and date of such change shall be maintained by the Zoning Administrator. Until such change is made, no action by the City Council on map amendments to the Zoning Ordinance shall be considered official, unless the Zoning Administrator fails to make the change within seven days after formal action by the City Council. In the latter event, action by the City Council shall be considered official seven days after the date of action even if the Zoning Administrator has failed to make the appropriate changes.