Winchester City Zoning Code
ARTICLE XIII
Amendments/Changes to Text and Official Map
Section 405.550 Requirements.
[Ord. No. 638 §2(435.010), 11-14-1990]
A.
The Board of Aldermen shall have the authority to amend, supplement, change, modify or repeal by ordinance the text or map of the Zoning Code in accordance with the provisions of this Article.
B.
Text Amendments. An application for amendment to the written text of this Zoning Code may be filed by any person in the office of the City Clerk for consideration by the Planning and Zoning Board and Board of Aldermen.
C.
Rezoning. An application for a change in the boundaries of a zoning district as described by the Official Map may be filed in the office of the City Clerk for consideration by the Planning and Zoning Board and the Board of Aldermen. Such application may be filed by the Mayor, any member of the Aldermanic Board, the Planning and Zoning Board or by any person with financial, contractual or proprietary interest in the property to be included in the proposed change of zoning.
Section 405.560 Application and Submission Requirements.
[CC 1981 §435.020; Ord. No. 638 §2(435.020), 11-14-1990]
A.
The application shall be made on a form provided by the City Clerk. Said application shall be signed by the applicant and shall state his/her name and address, as well as:
1.
Text amendments. An application for an amendment to the text of this Code shall set forth the new text to be added and existing text to be deleted.
2.
Rezoning. An application for a Zoning Map change shall include:
a.
A legal description of the property sealed by a land surveyor.
b.
A scaled map of the property, correlated with the legal description, and clearly showing the property's location.
c.
The name, address and phone number of the petitioner.
d.
The petitioner's interest in the property and, if the petitioner is not the owner, the name, address and phone number of the owner.
e.
Date of filing.
f.
Locator number.
g.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information.
h.
The present and proposed zoning.
i.
Other information as may be required by the Planning and Zoning Board.
B.
An application for either a text amendment or rezoning shall comply with and be in accordance with the format and procedures governing the same as adopted by the Planning and Zoning Board. In all cases where an application is initiated by a private party, the application shall be accompanied by the fee established by the Board of Aldermen.
Section 405.570 Burden of Proof.
[CC 1981 §435.030; Ord. No. 638 §2(435.030), 11-14-1990]
In assessing the relevance or acceptability of a zoning amendment application, the burden of proof in justifying the request shall rest with the applicant, both before the Planning and Zoning Board as well as the Board of Aldermen.
Section 405.580 Procedures.
[CC 1981 §435.040; Ord. No. 638 §2(435.040), 11-14-1990]
A.
Application. Upon receipt of an application and supporting documents, the City Clerk and Building Commissioner shall review it for completeness. If the application and supporting documents are acceptable, a public hearing shall be scheduled within thirty (30) days of the actual filing date. If said application is incomplete, it shall be returned to the applicant.
B.
Public Hearing Required By Board. A public hearing on each application shall be held in accordance with Article XI of this Code.
C.
Board Action On Application. Subsequent to the public hearing, the Building Commissioner shall prepare a report for submission to the Planning and Zoning Board. Upon receipt of said report, and after the holding of a public hearing, the Board shall recommend to the Board of Aldermen either approval or denial.
Section 405.590 Approval or Denial of an Amendment to Text or Map.
[CC 1981 §435.050; Ord. No. 638 §2(435.050), 11-14-1990]
A.
If the Board recommendation is for approval, the Building Commissioner and City Clerk shall prepare a report to the Aldermanic Board.
B.
Upon denial by the Planning and Zoning Board, the Building Commissioner and City Clerk shall notify the applicant of such recommendation. If no appeal is filed, the application shall be deemed denied.
C.
Protest Of The Planning And Zoning Board's Decision. A protest against a proposed zoning amendment request may be presented, duly signed and acknowledged by the owners of thirty percent (30%) or more 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 property upon which the conditional use will be located. A notice of protest must be filed within ten (10) days following the Planning and Zoning Board's decision, be in writing, filed in duplicate with the City Clerk, and accompanied by the signatures (duly acknowledged) and addresses of the property owners involved.
D.
Appeal Of Recommendation Of Denial. Upon the recommendation of denial by the Planning and Zoning Board of an application, the applicant may file an appeal with the Board of Aldermen requesting a determination by that body. A notice of appeal shall be filed within ten (10) days after the Planning and Zoning Board's report is received by the Board of Aldermen at a regular meeting. An appeal shall be in writing and shall be filed in duplicate with the City Clerk. The applicant shall have an additional thirty (30) days to file the actual appeal. The appeal shall specifically state how the application, as initially filed or subsequently modified, meets the criteria set forth in these regulations.
E.
All text amendments and amendments to the Zoning Map, as described herein, shall require a simple vote by the Board of Aldermen.
F.
Board of Aldermen Decision Upon Appeal Or Protest. In any case, subsequent to proper notification as described above, the Board may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Board. An affirmation vote of two-thirds (⅔) of the Board of Aldermen shall be required to reverse or modify any recommendation by the Planning and Zoning Board.
G.
The Board of Aldermen may recommend that a petition for a change of zoning district classification be approved or denied for all or part of the property described in the petition. The Aldermen may enact by ordinance such a partial granting of a petition for a change in zoning district classification.
Section 405.600 Withdrawal.
[CC 1981 §435.060; Ord. No. 638 §2(435.060), 11-14-1990]
Any amendment request, regardless of its source of initiation, may be withdrawn upon receipt by the City Clerk of written notice by the applicant from consideration at any point in the approval process, prior to final action on the request by the Board of Aldermen.
Section 405.610 Reapplication.
[CC 1981 §435.070; Ord. No. 638 §2(435.070), 11-14-1990]
In the event that any application to amend the zoning text or map is denied by the Board of Aldermen, a re-application for the purposes of further review of the same application shall not be accepted by the City until twelve (12) months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the Planning and Zoning Board that substantial new evidence not available during review of the original application will be presented.