Wilmer City Zoning Code
§ 26
AMENDMENTS.
A.
GENERAL.
The zoning regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modifications, or repeals shall be deemed to amend, supplement, change, modify, or repeal the community plan of the City and shall become a part of such community plan. The Planning and Zoning Commission and its composition and duties are established by the City Council of Wilmer.
B.
AMENDMENT INITIATION.
(1)
The City Council may from time to time, after receiving a recommendation thereon by the Planning and Zoning Commission and after public hearings required by law, amend, supplement or change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning Map.
(2)
An amendment to the Zoning Ordinance text may be initiated by the Mayor, by the City Council, by the Planning and Zoning Commission, or by the City Administrator (or designee) to address an issue or concern pertaining to any of the following:
(a)
To initiate the zoning or rezoning of real property (with or without consent of the property’s owner);
(b)
To initiate classification of a new and unlisted use, or to better define and classify an ambiguous use;
(c)
To obtain legislative policy direction on any question or uncertainty regarding interpretation of any word, phrase, section or provision within the Zoning Ordinance;
(d)
To address and obtain legislative policy direction on new and emerging technologies, land uses, business operations, exterior building construction materials and techniques, innovations in site design, parking, landscaping, etc.;
(e)
To consider adoption of additional or modified design, construction, layout, setback, size, height, bulk, parking, landscaping, and/or other requirements associated with certain land uses or the development of land within the City; or
(f)
Any other purpose or issue that is deemed by the Mayor, City Council, Planning and Zoning Commission or City Administrator (or designee) to be necessary to obtain legislative policy direction for the purpose of protecting the public health, safety, morals or general welfare of the City.
(3)
An amendment to the Zoning Ordinance text may be initiated by an owner (or his/her authorized representative) of real property within the City’s corporate limits, to address an issue or concern pertaining to any of the following:
(4)
An amendment to the Zoning Ordinance text that is initiated by the Mayor, by the City Council, by the Planning and Zoning Commission, or by the City Administrator (or designee) shall be processed in accordance with the procedures set forth in Section 26 of the Zoning Ordinance, following a simple majority vote by City Council members present and voting to call a public hearing on the matter and to direct City staff to study the question/issue, publish the required public notices, and place the proposed amendment on a Planning and Zoning Commission agenda for consideration and formulation of a recommendation to the City Council.
(5)
An amendment to the Zoning Ordinance text that is initiated by an owner (or his/her authorized representative) of real property within the City’s corporate limits shall be upon submission of a signed and notarized application form and fee (per the City’s Fee Schedule), and thence processed in accordance with the procedures set forth in Section 26 of the Zoning Ordinance (i.e., not necessary for the City Council to have to call a public hearing on the matter, City staff will proceed with the required notices, public hearing scheduling, etc.).
C.
PROCEDURE.
All requests for amendments to zoning district boundaries shall be submitted, together with required fees, to the administrative official, which officer shall cause notices to be sent and the petition placed on the Planning and Zoning Commission agenda.
The City Council may not enact any proposed amendment until the Planning and Zoning Commission makes its final report to the City Council. The City Council may refer proposed amendments to the Planning and Zoning Commission for recommendation.
Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made at the time of
filing the original request for amendment; however, all hearings and deliberations shall be limited to the request as submitted by the applicant at the time of original filing.
D.
PUBLIC HEARING AND NOTICE.
Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one (1) public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent not less than ten (10) days before such hearing is held to all owners of property which is located within the area proposed to be changed, within two hundred (200) feet of such property to be rezoned. Such notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail. No notice of hearings before the Planning and Zoning Commission on proposed changes in zoning regulations need be given except as may be required by state law.
E.
COMMISSION REPORT.
The Planning and Zoning Commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the City Council. Such report may recommend for or against such proposed change and may, but need not, include reasons for such decision. The commission may defer its report for not more than sixty (60) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. If the commission fails to finally report after sixty (60) days, it would be deemed to have recommended negatively to the proposal.
F.
FORWARDING FINAL REPORT.
Every proposal receiving a final report by the commission shall be forwarded to the council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.
G.
WITHDRAWAL.
Any proposal or application may be withdrawn by the proponent after the commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the council will not consider it. Any proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the council will not consider it. Any proposal or application withdrawn may be resubmitted and shall be subject to all fees and notice requirements as an original application.
H.
SIGN POSTING.
The administrative official may have at least one (1) sign erected on the property to be rezoned, which sign shall have a total area of at least four (4) square feet. Such sign or signs shall, if possible, be located adjacent to streets. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the City Council or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of the present zoning classification, the requested zoning, the name of the applicant, and the telephone number of the public official from whom dates of public hearings may be obtained. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any zoning change or holding of any public hearing.
I.
COUNCIL HEARING AND NOTICE.
The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement or change shall be held by the council. Notice of council hearing shall be given by publication one (1) time in the official newspaper of the city, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. No such amendment, supplement or change shall be considered unless and until the commission makes its final report thereon. Publication of such change shall be accomplished by publishing the descriptive caption and penalty clause of the ordinance amending the comprehensive plan to incorporate the change.
J.
APPLICATION NOT TO BE CONSIDERED FOR ANOTHER SIX MONTHS AFTER DENIAL OF REQUEST FOR REZONING.
No application for rezoning shall be considered within six (6) months of denial of a request by the City Council for the same classification on the same property.
K.
PROTEST AGAINST CHANGE.
In case of a protest against such change signed by the owners of twenty percent (20%) or more either of the land included in such proposed change, or of the land within two hundred (200) feet thereof, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the City Council. The phrase “all members of the City Council” shall mean all five members, except where there is a vacancy or a member who is disqualified by conflict of interest and has so declared. In computing the percentage of land area under this section, the area of streets and alleys shall be included.
L.
COUNCIL ACTION ON APPLICATION.
The proponent of any zone change shall satisfy the City Council that either the general welfare of all the city affected by the area to be changed will be enhanced, or that the property is unusable for the purposes allowed under existing zoning. If such is proved to the council’s satisfaction, it may grant the requested zone change; or it may change the zone’s designation of a portion of such property; or it may initiate a request to consider changing all or a portion of such property to a district other than that requested and of a different character.
M.
SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED; PETITION FOR ZONING DISTRICT CHANGE OR CONDITIONAL USE.
When, in the opinion of the Planning and Zoning Commission, City Council, or Zoning Board of Adjustment, greater information is required from the petitioner concerning the nature, extent, and impact of his request than supplied with his application for a change in zoning or conditional use permit, in order for such commission, council, or board to properly review and evaluate all relevant factors thereof, said commission, council, or board may require the applicant to submit a site plan and supporting documents conforming with all or a portion of the requirements set forth in this subsection, prior to rendering a decision thereon.
The petitioner is encouraged to meet with the appropriate commission, council, or board in an informal work session to ascertain the exact extent of plans and documents required, if any, prior to the city initiating the advertisement for public hearing on the petition.
The general type and extent of plans and supporting documents which may be required of the petitioner include, but are not necessarily limited to:
(1)
Site Plan.
Meeting all of the requirements of a “preliminary plat” as described in the city’s subdivision regulations, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project’s petition. Additional site plan drawing information which the reviewing body may require include:
(a)
Existing and proposed zoning district;
(b)
General outline of extensive tree covered areas;
(c)
Drainage ways and 100-year floodplain limits;
(d)
Proposed treatment for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use where required;
(e)
Proposed internal nonvehicular circulation linkages such as pedestrian paths and hike trails, bike trails, and equestrian bridle paths, where applicable, including their interrelationships with vehicular circulation systems and proposed handling of points of conflict;
(f)
A tabular summary schedule indicating:
(i)
The gross acreage and percent of each type of zoning category proposed;
(ii)
The gross acreage and percent of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type (i.e., single-family, two-family, multifamily townhouse, etc.), including the total gross project acreage;
(iii)
The gross residential density of each type of residential land use proposed, expressed in dwelling units per acre; and based on net residential land use, plus one-half (1/2) of any abutting street;
(iv)
The quantitative number of dwelling units proposed for each residential dwelling type (i.e., single-family, two-family, etc.);
(v)
Proposed maximum lot coverage by building types (i.e., one-family, two-family, multifamily, commercial, office, industrial, etc.) expressed in terms of percent or floor area ratio of the lot or site.
(2)
Architectural Drawings.
Elevations, concept sketches, or renderings depicting building types and other significant proposed improvements, including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant’s land use and development proposals.
(3)
Written Documents in narrative form on 8-1/2" x 11" sheets, including:
(a)
Statement(s) on planning objectives to be achieved in use/development proposal, including a narrative description of the character of the proposed development and rationale behind the assumptions and choices made by the applicant, including use and ownership of open spaces, etc.
(b)
Legal description of the total site area proposed for rezoning, development, or conditional use permit.
(c)
A development schedule indicating the approximate date(s) when construction of the proposed development, and subsequent stages or phases thereof, if any, can be expected to begin and be completed to the best of the applicant’s knowledge and belief.
(d)
A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application.
(e)
Economic feasibility and/or market analysis studies, when deemed necessary by the reviewing body to adequately assess the necessity for zoning certain parcels to the sizes indicated by the applicant, or to evaluate the need for granting a conditional use permit.
(f)
Environmental assessment statement, prepared pursuant to the National Environmental Policy Act of 1969, and any subsequent amendments thereto, when deemed necessary by the reviewing body to properly assess the impact of the proposed development/land use on the existing environment.
(g)
Statement(s) as to how and when the applicant proposes to provide water and sewer to the development.
(h)
Signature, title, and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans and supporting documents reflecting a reasonably accurate portrayal of the general nature and character of the proposals.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 17-0504B adopted 5/4/17)