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(a) Council, before approving a general neighborhood renewal plan or an urban renewal or urban redevelopment plan, shall hold a public hearing on the plan at which an opportunity shall be provided to all persons interested to be heard either in person or by counsel. The hearing may be adjourned from time to time. Notice of the date, time and place of the hearing shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks on the same day of the week. At least seven full days shall elapse between the second publication and the date set for the public hearing. The notice shall also contain a description of the project area by its location in relation to highways, streets, watercourses or other natural or artificial boundaries, and shall also designate the place at which the plan, maps, plats and other materials describing the project area are and shall be available for public inspection.
(b) Following the completion of the public hearings, Council may either approve or reject the general neighborhood renewal plan or the urban renewal or urban redevelopment plan, or make modifications and approve the plan as modified; provided that:
(1) The boundaries of the project area are extended to include any land, except land contained within the right-of-way lines of a dedicated street or alley, not included in the urban renewal or urban redevelopment plan upon which the public hearing was held pursuant to subsection (a) hereof, or if there is added a type of urban renewal or redevelopment activity not included in such urban renewal or urban redevelopment plan which requires the acquisition of property, or if there is any change in land use or redevelopment restrictions contained in such urban renewal or urban redevelopment plan, a public hearing shall be held on such urban renewal or urban redevelopment plan as modified prior to the approval thereof by Council in accordance with the provisions of subsection(a) hereof; and
(2) If such modifications are other than in accordance with the recommendations of the Planning Commission, such general neighborhood renewal plan or urban renewal plan or urban redevelopment plan as modified shall be resubmitted to the Commission for its written approval or recommendations pursuant to the provisions of Section 113.06 .
(c) When Council wishes to approve a general neighborhood renewal plan or an urban renewal or redevelopment plan, it shall do so by ordinance passed by not less than a majority vote, after reading in full at two regular meetings not less than one week apart, or under suspension of rules pursuant to Charter Section 13. However, if the plan has not been approved by the Commission, or if there were any partial disapprovals or by or adverse recommendations of the Commission under Ohio R.C. 713.02, not accepted by Council by its modifications of the plan in accordance therewith, then an affirmative vote of two thirds of the members of Council shall be required to pass the ordinance. To the extent that such disapproval involves the construction of an improvement or utility within the meaning of Ohio R.C. 713.02, the concurrence of the head of the department or departments having control of the construction of such proposed improvement or utility shall also be necessary.
(d) The ordinance of Council approving a general neighborhood renewal plan should contain a finding that the plan conforms to the general plan and to the workable program of the City and such other findings as may be necessary or desirable, but need not contain the other findings set forth in subsection (e) hereof for approval of urban renewal or redevelopment plans. The approval of a general neighborhood renewal plan may be made before or at the same time as the approval of an urban renewal or redevelopment plan for a project within the general neighborhood renewal area.
(e) The ordinance of Council approving an urban renewal or redevelopment plan shall include the following findings:
(1) Specific findings of fact as to the conditions in the project area which make it a slum, blighted, deteriorated or deteriorating area, and findings that the project area is a slum, blighted, deteriorated or deteriorating area;
(2) That the size and character of the area and the location of elements of slum, blight and deterioration in the area make it appropriate for urban renewal activities;
(3) That the proposals for the proper relocation of individuals and families displaced in carrying out the project in decent, safe and sanitary dwellings in conformity with acceptable standards are feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the project. That the dwellings or dwelling units available or to be made available to the displaced individuals and families are at least equal in number to the number of displaced individuals and families, are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families in the project area, are available at rents or prices within the financial means of the displaced individuals and families, and are reasonably accessible to their places of employment;
(4) If federal aid is needed that financial aid to be provided by the federal government under its contract is necessary to enable the project to be undertaken in accordance with the plan;
(5) That the plan for the project area shall afford maximum opportunity consistent with the sound needs of the community as a whole for the rehabilitation or redevelopment of the project area by private enterprise;
(6) That the plan conforms to the existing general or master plan for the overall development of the City as prepared by the Planning Commission pursuant to the ordinances of the City and Ohio R.C. 713.02;
(7) That the plans gives due consideration to the provision of adequate park and recreational areas and facilities as may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of the children residing in the general vicinity of the site covered by the plan;
(8) If there is included in the plan any provision permitting the new construction of hotels, motels or other housing for transient use, that the City has caused to be made a competent independent analysis of the local supply of transient housing and as a result thereof determines that there exists in the project area a need for additional units of such housing;
(9) If the project area is not predominantly residential in character and is not to be redeveloped for predominantly residential use, that the redevelopment of the project area for predominantly nonresidential uses is necessary for the proper development, of the community.
(10) Where an open space land program is involved, that the land and the interests in land to be acquired are for the purposes of preserving the area as open space land and are necessary to orderly long range development, to curb urban sprawl and the spread of urban blight and deterioration, to encourage more economical and desirable urban development, and to provide areas for parks, playgrounds, parkways, conservation areas and watersheds and to preserve natural resources. The area so acquired is to be of a size and character appropriate for such purposes;
(11) If federal aid is involved and clearing is the sole treatment proposed, that the objectives of the urban renewal plan cannot be achieved through rehabilitation of the urban renewal area;
(12) If federal aid is involved and both clearance and rehabilitation treatment are proposed, that the objectives of the urban renewal plan cannot be achieved through more extensive rehabilitation of the urban renewal area;
(13) If federal aid is involved, that the United States and the Housing and Home Finance Administrator be assured of full compliance by the City with regulations of the Housing and Home Finance Agency effectuating Title VI of the Civil Rights Act of 1964; and
(14) Where an educational institution or a hospital is located in or near the project area and it is desired to utilize Section 112 of the Housing Act of 1949, as amended, that in addition to the elimination of slums and blight from the area, the undertaking of an urban renewal or urban redevelopment project in the area shall further promote the public welfare and the proper development of the community:
A. By making land in the area available for disposition, for uses in accordance with the urban renewal or urban redevelopment plan, to the educational institution or hospital for redevelopment in accordance with the uses specified in the urban renewal or urban redevelopment plan;
B. By providing, through the redevelopment of the area in accordance with the urban renewal or urban redevelopment plan, a cohesive neighborhood environment compatible with the functions and needs of such educational institution or hospital; or
C. By any combination of the foregoing.
(f) The Clerk of Council shall certify as true and correct and deliver to the City Manager a copy of the aforesaid ordinance of Council, approving the plan, for his approval or veto, and appropriate further action. Any documents which were submitted to Council to support findings made in the ordinance should be filed with a copy of the ordinance.
(g) The taking effect of the ordinance approving an urban renewal or redevelopment plan shall constitute authority to spend moneys of the City appropriated for carrying out urban renewal or redevelopment activities in accordance with the plan, as well as the proceeds of bonds or notes issued for such purpose, and to accept advances, gifts, donations and grants from the federal government, the State any entity, instrumentality or subdivision of either or from any other entity or person for such purpose.
(1980 Code 38.07; Ord. 5777)