Zoning Resolution Article 8

AMENDMENT

 

 

8.1       General

 

Whenever the public necessity, convenience, general welfare for good zoning practices require, the Board of Township Trustees may by resolution, after receipt of recommendation thereon from the Zoning Commission and subject to the procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.

 

8.2       Initiation of Zoning Amendments

 

            Amendments to this resolution may be initiated in one of the following ways:

 

            1.   By adoption of a motion by the Zoning Commission.

            2.   By adoption of a resolution by the Board of Township Trustees.

            3.   By the filing of an application by at least one owner or lessees of property within the area proposed to be changed or affected by said amendment.         

 

8.3       Contents of Application for Zoning Map Amendment

 

            Application for amendments to the official zoning map adopted as part of this resolution by Article 10 shall contain at least the following information:

 

            1.      The name, address and phone number of applicant;

            2.      A statement of the reason(s) for the proposed amendment;

            3.      Present use;

            4.      Present zoning district;

            5.      Proposed use;

            6.      Proposed zoning district;

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

            8.      A list of all property owners and their mailing addresses who are within, contiguous to or directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case, except that addresses need not be included where more than ten parcels are to be rezoned;

            9.      A statement on the ways in which the proposed amendment relates to the Comprehensive Plan;

            10.    A fee as established by resolution of the Board of Township Trustees.

 

 

8.4       Contents of Application for Zoning Text Amendment

 

            Application for amendments proposing to change, supplement, amend or repeal any portion(s) of this resolution, other than the official zoning map, shall contain at least the following information:

 

            1.   The name, address and phone number of the applicant.

            2.   The proposed amending resolution, approved as to form by the County Prosecutor.

            3.   A statement of the reason(s) for the proposed amendment.

            4.   A site plan indicating how the site will be developed.

            5.   A fee as established by resolution of the Board of Township Trustees.

 

8.5       Transmittal to Zoning Commission

 

            Immediately after the adoption of a resolution by the Board of Township Trustees or the filing of an application by at least one (1) owner or lessee of property, said resolution of application shall be transmitted to the commission.

 

8.6       Submission to Regional Planning Commission

 

            Within five (5) days after the adoption of a motion by the commission, transmittal of a resolution by the Board of Township Trustees, or the filing of an application by at least one (1) owner or lessees, the Zoning Commission shall transmit a copy of such motion, resolution or application, together with the text and map pertaining to the case in question, to the Regional Planning Commission.  The Regional Planning Commission shall recommend the approval or denial of the proposed amendment or the approval of some modification thereof and shall submit such recommendation to the Zoning Commission.  Such recommendation shall be considered at the public hearing held by the Zoning Commission.

 

8.7       Other Conditions Proponent to the Approval of Zoning Amendment

 

            a.   Noise control in residential communities

 

                  (1)    Before any zoning amendment is approved, affecting residential districts, a consideration for potential noise inflation shall be addressed.  In doing so, the board may require proper noise reduction designs to those proposed uses necessitating such action.

 

                  (2)    Before any zoning amendment is approved changing any parcel to a residential district from any other non-residential district, a consideration for potential noise intrusion from surrounding areas shall be addressed.  In doing so, the board may issue other noise reduction guidelines, thus protecting residents of outside nuisances.

 

            b.   Possible noise reduction requirements and designs may be those that are suggested in the Erie County Landscaping Design Policies handbook.

 

 

 

8.8       Standards for Recommendations of Township Zoning Commission

 

            The Zoning Commission shall review the particular facts and circumstances, each amendment should be carefully considered, keeping in mind the fact that the burden of proof of the need for the change rests with the applicant.  The following questions should be asked when considering district changes.

 

            1.      Is there vacant land in the area already zoned to accommodate this use?  If there is a considerable amount of land zoned for the requested purpose, and if little of it is being used, the need to rezone more land should be carefully analyzed.  The fact that the cost of the land already zoned may be more expensive does not mean that the township should rezone more land.

 

            2.      What other effects might the adoption of the proposed amendment have on future land uses in the area?  What will be the long term effect of the proposed change?

 

            3.      How does the proposed change relate to existing public facilities and services such as water, sewer, police and fire protection and schools?

 

            4.      What is the present character of the area in terms of existing land use and physical characteristics of the area cause problems for development?

 

            5.      What are the factors that make this location well suited for the uses permitted in the proposed zoning district?

 

            6.      Would all of the permitted uses in the proposed district be compatible with the existing and potential future development in the area?

 

            7.      What effect would the rezoning have on property value?

 

            8.      Would the rezoning cause a considerable increase in the volume of traffic?  Can existing roads accommodate this traffic?

 

            9.      Does the area proposed for rezoning reflect land needed for the proposed use or does it merely reflect the applicant’s property lines?

 

            10.    Is there a physical feature such as a river, creek, or railroad that can be used as a natural dividing line to separate a new district from adjacent properties?

 

8.9       Submission to Director of Transportation

 

            Before any zoning amendment is approved affecting any land within three hundred (300) feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the commission shall give notice, by registered or certified mail, to the Director of Transportation.  The Zoning Commission may proceed as required by law;  however, the Board of Township Trustees shall not approve the amendment for one hundred twenty (120) days from the date the notice is received by the Director of Transportation.    If the Director of Transportation notifies the Board of Township Trustees that he shall proceed to acquire the land needed, then the Board of Township Trustees shall refuse to approve the rezoning.  If the Director of Transportation notifies the Board of Township Trustees that acquisition at this time is not in the public interest or upon the expiration of the one hundred twenty (120) day period or any extension thereof agreed upon by the Director of Transportation and property owner, the Board of Township Trustees shall proceed as required by law.

 

8.10    Public Hearing by Zoning Commission

 

            The Zoning Commission shall schedule a public hearing after the adoption of their motion, the transmittal of a resolution from the Board of Township Trustees or the filing of an application for zoning amendment.  Said hearing shall be not less than twenty (20) nor more than forty (40) days from the date of adoption of such motion, transmittal of such resolution, or filing of such application.

 

8.11    Notice of Public Hearing in Newspaper

 

            The notice of the hearing before the Zoning Commission which is published and sent to landowners if there or ten or fewer parcels must contain in addition to the time, date and place of the hearing the following:

 

            (1)    The name of the Zoning Commission that will be conducting the public hearing;

 

            (2)    A statement indicating that the motion, resolution, or application is an amendment to the Zoning Resolution;

 

            (3)    A list of the addresses of all properties to be rezoned or redistricted by the proposed amendment and the names of owners of these properties, as they appear on the County Auditor’s current tax list;

 

            (4)    The present zoning classification of property named in the proposed amendment and the proposed zoning classification of such property;

 

            (5)    The time and place where the motion, resolution or application proposing to amend the zoning resolution will be available for examination for a period of at least ten days prior to the public hearing;

 

            (6)    The name of the person responsible for giving notice of the public hearing by publication or by mail, or by both publication and mail;

 

            (7)    Any other information requested by the Zoning Commission;

 

            (8)    A statement that after the conclusion of such hearing the matter will be submitted to the Board of Township Trustees for its action.

 

            The notice that is published if the amendment alters the text or when there are more than ten parcels must contain in addition to the time, date and place of the public hearing all of the following:

 

            (1)    The name of the Zoning Commission that will be conducting the public hearing on the proposed amendment;

 

            (2)    A statement indicating that the motion, application, or resolution is an amendment to the Zoning Resolution;

 

            (3)    The time and place where the text and maps of the proposed amendment will be available for examination for a period of at least ten days prior to the public hearing;

 

            (4)    The name of the person responsible for giving notice of the public hearing by publication;

 

            (5)    A statement that after the conclusion of such hearing the matter will be submitted to the Board of Township Trustees for its action;

 

            (6)    Any other information requested by the Zoning Commission.

 

8.12    Notice of Property Owners by Zoning Commission

 

            If the proposed amendment intends to rezone or redistrict ten (10) or less parcels of land as listed on the tax duplicate, written notice of the hearing shall be mailed by the Zoning Commission by first class mail, at least ten days before the date of the public hearing, to all owners of property within, contiguous to, and directly across the thoroughfare from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and to such other list or lists that may be specified by the Board of Township Trustees.  The failure to deliver the notice, as provided in this section, shall not invalidate any such amendment.  The notice shall contain the same information as required of notices published in newspapers as specified in Section 8.11.

 

8.13    Recommendation by Zoning Commission

 

            Within thirty (30) days after the public hearing required by Section 8.10, the Zoning Commission shall recommend to the Board of Township Trustees that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment not be granted.  The written decision of the Zoning Commission shall indicate the specific reason(s) upon which the recommendation is based, to include the basis for their determination that the proposed amendment is or is not consistent with the Comprehensive Plan.

 

8.14    Public Hearing by Board of Township Trustees

 

            Where the proposed amendment intends to rezone ten or fewer parcels, the published notice must contain in addition to the time, date and place of the hearing:

 

            (1)    The name of the board that will be conducting the public hearing;

 

            (2)    A statement indicating that the motion, application, or resolution is an amendment to the Zoning Resolution;

 

            (3)    A list of the addresses of all properties to be rezoned or redistricted by the proposed amendment and of the names of owners of these properties, as they appear on the County Auditor’s current tax list;

 

            (4)    The present zoning classification of property names in the proposed amendment and the proposed zoning classification of such property;

 

            (5)    The time and place where the motion, application or resolution proposing to amend the Zoning Resolution will be available for examination for a period of at least ten days prior to the public hearing;

 

            (6)    The name of the person responsible for giving notice of the public hearing by publication or by mail, or by both publication and mail;

 

            (7)    Any other information requested by the board.

 

            If the amendment alters the text or rezones more than ten parcels, the published notice must contain in addition to the time, date and place of the hearing:

 

            (1)    The name of the board that will be conducting the public hearing on the proposed amendment;

 

            (2)    A statement indicating that the motion, application, or resolution is an amendment to the Zoning Resolution;

 

            (3)    The time and place where the text and maps of the proposed amendment will be available for examination for a period of at least ten days prior to the public hearing;

 

            (4)    The name of the person responsible for giving notice of the public hearing by publication;

 

            (5)    Any other information requested by the board.

 

8.15    Action by Board of Township Trustees

 

                     Within twenty (20) days after the public hearing required by Section 8.14, the Board of Township Trustees shall either adopt or deny the recommendation of the Zoning Commission or adopt some modification thereof.  In the event the Board of Township Trustees denies or modifies the recommendation of the Zoning Commission, the unanimous vote of the Township Trustees is required.

 

8.16    Effective Date and Referendum

 

            Such amendment adopted by the Board of Township Trustees shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the adoption of the amendment there is presented to the Board of Township Trustees a petition, signed by a number of qualified voters residing in the unincorporated area of the township or part thereof included in the zoning plan equal to not less than eight (8) percent of the total vote cast for all candidates for Governor in such area at the last preceding general election at which a Governor was elected, requesting the Board of Township Trustees to submit the amendment to the electors of such area, for approval or rejection, at the next primary or general election.

 

            No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the voters cast on the issue is in favor of the amendment.  Upon certification by the Board of Elections that the amendment has been approved by the voters it shall take immediate effect.