The regulations imposed and the districts created under this Zoning Code may be amended from time to time by ordinance duly enacted by the Legislative Authority, after receipt of recommendations thereof from the Planning Commission. No such amendment shall be adopted except in accordance with the procedures specified in this chapter and subject to the procedures provided by law.

(Ord. 2009-17. Passed 9-15-2009.)

   Amendments to this Zoning Code shall only be initiated in one of the following ways:

   (a)   By the filing of an application by all owners or lessees of property or developers with an option or a signed purchase contract on such property within the area proposed to be changed or affected by said amendment. If the applicant is not the property owner, the property owner shall sign the application.

   (b)   By the adoption of a motion by the Planning Commission.

   (c)   By the adoption of a resolution or introduction of an ordinance by the Legislative Authority.

(Ord. 2009-17. Passed 9-15-2009.)

   An amendment initiated by all lessees of property, property owners, or developers with an option or a signed purchase contact on such property within the area proposed to be changed or affected by said amendment shall be submitted and reviewed according to the following:

   (a)   Discussion with Planning Commission. Prior to submitting an application for an amendment to the Zoning Code, the applicant may appear before the Planning Commission to informally discuss the proposed amendment. However, no action shall be taken at such a meeting and no discussions, opinions, suggestions, or recommendations of the Planning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval of the proposed amendment.

   (b)   Submission Requirements. Applications for proposed amendments to both the Zoning Code text and Zoning map shall contain at least the following information:

      (1)   The name, address, and phone number of the applicant and the property owner, if other than the applicant;

      (2)   A statement of the reason(s) for the proposed amendment and the wording of the proposed amendment, if applicable;

      (3)   A statement on the ways in which the proposed amendment relates to the Walton Hills Master Plan;

      (4)   The payment of the application fee as established by the Legislative Authority.

      (5)   Amendments to the Zoning Map adopted, as part of this Zoning Code, shall contain the following additional information:

         A.   Legal description of the parcel(s) to be rezoned, drawn by a registered surveyor;

         B.   Present use of the land and zoning district;

         C.   Proposed use of the land and zoning district;

         D.   A vicinity map at a scale approved by the Zoning Administrator showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Administrator may require;

         E.   A site plan, in duplicate, drawn to such scale as to clearly show the actual dimensions of the subject property according to the recorded plat of such property and lot numbers; and

         F.   The names, addresses, and lot numbers of the owners of property within a radius of 500 feet from the parcel or parcels of land proposed to be reclassified.

   (c)   Review for Completeness. The Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements within twenty days of receipt of such application. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the deficiencies and place the application on hold until complete. When the application is determined complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration.

   (d)   Transmittal to the Planning Commission. After the filing of a completed application by an owner, lessee of property or developer with an option or a signed purchase contract on such property, the Zoning Administrator shall transmit the application to the Planning Commission to begin the adoption process set forth in this chapter.

(Ord. 2009-17. Passed 9-15-2009.)

   After the passage of a motion by the Planning Commission or the introduction of an ordinance or passage of a resolution by the Legislative Authority, the motion; ordinance; or resolution shall be reviewed and considered by the Planning Commission and the Legislative Authority according to the process set forth in this chapter.

(Ord. 2009-17. Passed 9-15-2009.)

   When a proposed amendment would result in a change in the text of this Zoning Code but would not result in a change of zoning classification of any property on the zoning map, the Planning Commission and the Legislative Authority shall consider the following items when formulating its decisions:

   (a)   Whether such change is consistent with the intent and purposes of this Zoning Code;

   (b)   Which areas are most likely to be directly affected by such change and in what way they will be affected; and,

   (c)   Whether the proposed amendment is made necessary because of changed or changing conditions in the areas of zoning districts affected or in the Village generally, and, if so, the nature of such changed or changing conditions.

(Ord. 2009-17. Passed 9-15-2009.)

   When a proposed amendment would result in a change of zoning classification of any property, the Planning Commission and the Legislative Authority should consider whether:

   (a)   The change in classification would be consistent with the Master Plan of the Village or other adopted plans and policies;

   (b)   The change in classification would be consistent with the intent and purposes of this Zoning Code;

   (c)   The proposed amendment is made necessary because of changed or changing conditions in the area affected, and if so, the nature of such changed or changing conditions;

   (d)   The uses that would be permitted on the property if it were reclassified would be compatible with the uses permitted on other property in the immediate vicinity. The Planning Commission may suggest conditions and restrictions on the uses that would be permitted on the property if it were reclassified in order to attain compatibility with the uses permitted on other property in the immediate vicinity;

   (e)   The uses that would be permitted on the property if it were reclassified would have an adverse environmental or health impact on the immediate surrounding area in terms of acceptable air, noise, light, or water quality standards;

   (f)   Adequate utility, sewer, and water facilities, and all other needed public services exist or can be provided to serve the uses that would be permitted on a property if it were reclassified;

   (g)   The amount of vacant land with the same zoning classification as proposed for the subject property, particularly in the vicinity of the subject property, and any special circumstances, if any, make a substantial part of such vacant land unavailable for development; and,

   (h)   The proposed amendment would correct an error in the application of this Zoning Code, as applied to the subject property.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   The Planning Commission shall recommend one of the following to the Legislative Authority, in writing:

      (1)   That the amendment be granted as requested;

      (2)   That the amendment be granted as modified by the Planning Commission; or,

      (3)   That the amendment be denied.

   (b)   If the Planning Commission does not make a recommendation on the proposed amendment within sixty days after considering the application, it shall be deemed that the recommendation of the Planning Commission is that the amendment be denied.

   (c)   All recommendations shall also be forwarded to the applicant, as applicable.

(Ord. 2009-17. Passed 9-15-2009.)

   Upon receipt of the recommendation from the Planning Commission, the Legislative Authority shall set a time for a public hearing on the proposed amendment.

   (a)   Notice of the public hearing shall be given by the Legislative Authority according to the following:

      (1)   Notice of the proposed amendment shall be published at least thirty days prior to the date of the required hearing, in one or more newspapers of general circulation in the Village.

      (2)   If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicates, written notice of the hearing shall be mailed by the Clerk of Council by first class mail at least twenty days before the day of the public hearing to all owners of property within, contiguous to and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list. The failure to deliver the notification, as provided in this section shall not invalidate any such amendment.

      (3)   Notices shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that the opportunity to be heard will be afforded to any person interested.

   (b)   The Legislative Authority may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.

   (c)   During the thirty days prior to the public hearing, the text of the proposed amendment, maps or plans, if applicable, and the recommendation of the Planning Commission shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by the Legislative Authority.

(Ord. 2009-17. Passed 9-15-2009.)

   After the conclusion of the public hearing required in Section 1256.08, the Legislative Authority shall take action on the proposed amendment.

   (a)   The Legislative Authority's action shall either:

      (1)   Adopt the recommendation of the Planning Commission;

      (2)   Deny the recommendation of the Planning Commission; or,

      (3)   Adopt some modification thereof.

      (1)   When the Planning Commission recommends approval of a proposed amendment, then no such amendment shall be adopted unless approved by a majority vote of the membership of the Legislative Authority.

      (2)   When the Planning Commission recommends disapproval of a proposed amendment, then no such amendment shall be adopted unless approved by not less than five members of the Legislative Authority.

   (c)   Any such proposal may be amended prior to the voting thereon by the Legislative Authority without further notice or postponement if such amendment to the proposal is germane to the subject matter thereof and is in accordance with the recommendation of the Planning Commission.

   (d)   If a proposed amendment is not adopted by the Legislative Authority within sixty days after the latest recommendation of the Planning Commission is submitted, such proposed amendment shall be deemed to have been defeated and denied and shall not thereafter be passed without additional proceedings as provided for in this chapter.

(Ord. 2009-17. Passed 9-15-2009; Ord. 2017-10. Passed 6-20-17.)