West Haven City Zoning Code
PETITIONER REQUIREMENTS
REZONING PROCEDURE DEVELOPMENT AGREEMENT; CONDITIONAL ZONING
§ 157.705 PURPOSE AND INTENT.
The purpose of this subchapter is to establish responsibilities and commitments of both the city and a zoning petitioner at the time the city considers rezoning property in response to a petition filed by an applicant/developer. This subchapter also outlines the procedure and options of the city in considering rezoning approval.
(Prior Code, § 52.02) (Ord. 2-92, passed - -1992)
§ 157.706 DEVELOPMENT TO BE LINKED TO REZONING A CITY POLICY.
(A) Since the purpose of zoning regulations is to promote the general welfare, safety, health, convenience, and economic prosperity of the residents of the city, it is city policy that rezoning of property, upon a petition by property owners, should further this purpose. As rezoning of property by itself does nothing to promote these goals; the achievement of proposed development upon which rezoning is based is of prime importance to the city to justify the actual rezoning requested.
(B) It is to the advantage of a petitioner for rezoning to gain city approval to a development concept for property which is the subject of a zoning petition. Approval of a development concept will be in accordance with policies and guidelines outlined in the city’s adopted master plan respecting the needs and desires of residents in the immediate area.
(C) Therefore, in order to associate projected development with a rezoning petition, the city requires that a concept development plan, showing a petitioner’s general development proposals, be submitted as a part of a rezoning petition for all proposed multiple-family (over eight units) dwelling, mixed use, recreation resort, commercial, and industrial developments.
(D) With this information, the city can more readily determine whether a rezoning petition would be in conformance with the city adopted master plan, its goals and policies, and be compatible with surrounding land use and zoning, and can better assess the impact of the proposed development on existing public infrastructure along with the attitudes of property owners and residents of the impacted area. The intent herein is to enhance flexibility and facilitate ease of acceptance in the city’s response to rezoning requests.
(Prior Code, § 52.04) (Ord. 2-92, passed - -1992)
§ 157.707 PETITION PROCEDURE.
(A) The city procedure for processing rezoning petitions for multiple-family (over eight) dwellings, mixed use, recreational resort, commercial, and industrial developments requires a petitioner to submit, as part of the rezoning petition, a concept development plan and to specify the general land uses and the general site and building arrangements which will occupy the property and the general time frame and phasing of development if rezoning is granted.
(B) Planning committees and neighboring property owners will be notified not only of the rezoning petition, but also of the general details of what is proposed and how and when it will be located on the property. The notice of public hearing before the City Council shall also contain the same development information.
(C) The Planning Commission and the City Council will consider whether the petition should be approved or disapproved based upon the merits and compatibility of the proposed project with the master plan and surrounding land uses, and its impact on the surrounding area.
(D) The Planning Commission and City Council will consider also whether the proposed development, and in turn the petitioned for rezoning, is needed to provide a service or convenience brought about by changing conditions, and which therefor promotes the public welfare. They may require changes in the concept plan in order to achieve compatibility and may impose any conditions to lessen, or eliminate, adverse impacts.
(Prior Code, § 52.06) (Ord. 2-92, passed - -1992)
§ 157.708 CONCEPT DEVELOPMENT PLAN.
The plan to be submitted with a rezoning petition shall indicate general land use types, approximate locations, and arrangements of buildings, structures, and facilities and general open space, parking, access, and traffic patterns, and shall be regarded as a concept plan only, with more specific development plans to be reviewed by the city at a later date as part of its site plan design review, conditional use approval, and building permit issuance process. The information shown on the concept plan may vary in detail depending on the scale of project. Small scale projects shall be more detailed than large scale projects, which may be described in broad general terms in plan and/or narrative form.
(Prior Code, § 52.08) (Ord. 2-92, passed - -1992)
§ 157.709 CONCEPT DEVELOPMENT PLAN ATTACHED TO REZONING.
At the time of rezoning approval by the City Council, the concept development plan is also approved and becomes attached to the rezoning and the rezoned land. The petitioner/owner, and any assigns or successors in interest, becomes committed to develop only in accordance with the proposals outlined in the plan, and any materially-different concept, use, building arrangement, and the like will not be approved, nor will building permits be issued, by the city until and unless such plan is amended by the City Council after recommendations of the Planning Commission and after public hearing, as per the procedure followed for original approval. If the city denies such changes or amendments, and/or the concept plan is abandoned, the city may institute steps to revert the zoning to its former or other appropriate zone as herein outlined.
(Prior Code, § 52.10) (Ord. 2-92, passed - -1992)
§ 157.710 PROCEDURE FOR PROCESSING DEVELOPMENT PROPOSALS.
After rezoning is completed, a development proposal shall be processed and specific plans for all, or a phase, of the development on the rezoned land shall be reviewed as required by the zoning ordinance and other applicable regulations and codes in effect, and shall be in accordance with the approved concept development plan and any conditions attached thereto.
(Prior Code, § 52.12) (Ord. 2-92, passed - -1992)
§ 157.711 DEVELOPMENT TO TAKE PLACE ONLY IN ACCORDANCE WITH APPROVED PLANS.
Where a concept development plan has been approved in conjunction with the rezoning of land, and where more specific plans have been approved as part of the zoning process for obtaining building permits, such permits shall be issued only for uses, buildings, and structures approved on the plan. Permits shall be issued, and development shall only proceed in such a manner as to assure that all amenities and features of the plan are constructed and all conditions are complied with as development proceeds.
(Prior Code, § 52.14) (Ord. 2-92, passed - -1992)
§ 157.712 REVISION TO ORIGINAL ZONING DESIGNATION.
(A) If development does not occur as proposed at the time of zoning approval, the public benefits expected from the development cannot be realized, and the effect of the rezoning is therefore without merit in terms of improving the public economic prosperity, general welfare, safety, health, and convenience to the city’s residents. If, in such cases, the city finds that the zoning purpose has not been attained, the city then may declare its intent to revert the zoning to its former or other appropriate zone so future opportunities for similar development in the same general area may be shared by all properties deemed suitable and so that a speculative zoning monopoly is not created.
(B) If building permits have not been obtained and construction of the development or an agreed-upon phase thereof, in accordance with the approved concept and final development plans, has not commenced within one year from the date of zoning approval or other time period as set by the City Council, the city may examine the reasons for the delay and the progress of the developers to that point, and may either extend the time period or initiate steps to revert the zoning designation of the previously-rezoned land to its former or other appropriate zone. The reversion of zoning shall follow the same procedure established by law for amending the zoning map.
(Prior Code, § 52.16) (Ord. 2-92, passed - -1992)
§ 157.713 DEVELOPMENT AGREEMENT.
(A) The City Council may require a petitioner, at the time of zoning approval, to enter into a zoning development agreement which specifies and details the petitioner’s responsibilities and commitments in carrying out development contained in an approved concept development plan, and which lists the conditions and limitations of development imposed by the city and also the contemplated action of the city in case of default by a petitioner, or any successors in interest, in the rezoned property.
(B) The agreement shall also contain the petitioner’s acknowledgment that the commitment of zoning is predicted upon the good faith accomplishment of the approved development and, if not started or constructed within the specified periods of time, the city may take steps to rescind zoning approval and revert the zoning to its former or other appropriate zone.
(Prior Code, § 52.18) (Ord. 2-92, passed - -1992)
§ 157.714 DEVELOPMENT AGREEMENT TO CONSTITUTE TO COVENANT RUNNING WITH THE LAND.
A development agreement, which has been executed as part of a rezoning process, shall be recorded in the City Recorder’s office as a covenant running with the land, concurrently with adoption of an ordinance implementing a rezoning petition.
(Prior Code, § 52.20) (Ord. 2-92, passed - -1992)
§ 157.715 CITY ZONING ALTERNATIVE ACTIONS.
(A) In all rezoning petition considerations, the City Council, after considering the recommendations of the Planning Commission and after holding the required public hearing(s), may take any of the following final alternative actions:
(1) (a) Where a concept development plan is required as provided for in this subchapter, the City Council may approve rezoning and concurrently approve a concept plan for the development of the petitioned for property, in whole or in part, with or without changes or conditions, and adopt an ordinance rezoning the property, or the city may, by motion, grant conditional zoning approval, with the rezoning to become effective by passage of an ordinance at a future date when more detailed development plans and/or other information have been approved by the city;
(b) The action of division (A)(1) above represents a zoning commitment by the city with fulfillment based upon a petitioner’s future, more complete proposals for development;
(c) Conditional zoning approval shall be valid for a period of one year or such other time period as set by the City Council. Upon the expiration of such period of time, the City Council, after due consideration of additional material submitted, shall either grant an extension of time or rescind its conditional approval and deny the rezoning petition;
(2) The City Council may grant or deny a rezoning petition outright in whole or in part. They may require the petitioner to execute a development agreement with the city where they deem it appropriate and necessary; and
(3) The City Council may rezone, or agree to rezone, the subject land to any other zone or zones deemed more appropriate when considering the master plan, citizen’s comments, and other factors, and which may allow some, or all, of the petitioner’s requested uses.
(B) The City Council, upon its own initiative and after receiving the recommendation of the Planning Commission, may zone or rezone land:
(1) Where it is determined to be in the best interests of the general public;
(2) As a result of amendments to the county master plan, in order to achieve consistency; or
(3) Where changed conditions, public attitudes, or lifestyles so indicate a need.
(Prior Code, § 52.22) (Ord. 2-92, passed - -1992)