1921.01 Authority of Council; required submission of proposed amendment to Planning Commission.
1921.02 Public hearing by Commission; notice.
1921.03 Zoning change application and fee.
1921.04 Plans on file for public examination.
1921.05 Council action on amendment.
1921.06 Validity of unintentional failure to notify.
1921.07 Rezoning: time limitations on construction.
CROSS REFERENCES
Powers of Planning Commission - see CHTR. Art. IX, Sec. 2
Fees for rezoning - see P. & Z. 1901.02(a)
Board to determine exact map boundary lines - see P. & Z. 1923.04
In accordance with the provisions of the Ohio Revised Code and the City Charter, the Council, either on petition of a property owner, on recommendation of the Planning Commission, or on its own initiative, may amend or change by ordinance the number, shape or area of districts established on the Zoning Map as defined in 1923.02 or the regulations set forth in this Planning and Zoning Code, hereafter the "Code". Except by a three-quarter vote of the full number of elected voting members of the City specifically waiving the requirement under special circumstances, no such amendment or change shall become effective unless the ordinance proposing such amendment or change has first been submitted to the Planning Commission for approval, disapproval or suggestions, and the Commission has been allowed a reasonable time, not less than thirty (30) days, for consideration and report. (Ord. 9661-19. Passed 1-22-19.)
(a) Notice and Public Hearing. Unless waived by Council as stated in Section 1921.01, before submitting its recommendations and report to Council, the Planning Commission shall hold a public hearing on the proposed amendment, supplement or change. It shall give not less than thirty (30) nor more than forty-five (45) days notice of the time and place of such hearing by publication in a newspaper published in the City and by mailing notices to all property owners directly involved and to all property owners of record within a radius of three hundred fifty feet (350 ft.) from the area proposed to be altered. The failure to receive such notice shall not invalidate the proceedings.
(b) The Planning Commission shall, upon completion of the public hearing, decide upon a recommendation to transmit to Council relative to the proposed amendment. Such recommendation shall be transmitted by the Secretary within five (5) days of the Commission's action thereon. (Ord. 9661-19. Passed 1-22-19.)
Any person desiring a change in zoning of property may make application therefor. The application for a zoning change shall be written and accompanied by a drawing showing the property in question including property improvements and utilities and a filing fee. Filing fees shall be set by ordinance of council and amended to reflect the City's costs.
(Ord, 7139-99. Passed 7-6-99.)
During the thirty (30) days prior to the public hearing the text or copy of the text of such ordinance or petition, together with the maps or plans or copies thereof shall be on file, for public examination, in the office of the Clerk of Council. No ordinance which differs from the recommendation made by the Planning Commission shall take effect unless passed by not less than five (5) affirmative votes of Council.
(Ord. 7139-99. Passed 7-6-99.)
(a) Council shall, within a reasonable period of time after receipt of the Commission's recommendation on the proposed amendment, take official action, in the form of an ordinance thereon. A majority vote, involving not less than five (5) members of Council, shall be required to override the recommendation of the Planning Commission. In all cases not meeting this criteria, the official action taken on the proposal shall be as recommended by Planning Commission.
(b) If protest against an amendment is presented, duly signed by the owners of at least fifty-one percent of the land within the area proposed to be altered, such amendment shall not be passed except by two-thirds vote of all members of Council. If an amendment will transfer an area to a less restricted district and a protest is presented, duly signed by the owners of at least fifty-one percent of the land adjacent to and/or within 350 feet of such an area proposed to be transferred, such amendment shall not be passed except by a two-thirds vote of Council members.
(Ord. 7139-99. Passed 7-6-99.)
The failure to notify, as provided by this Chapter, shall not invalidate an ordinance, provided such failure was not intentional, and the omission of the name of any owner or occupant of property who may, in the opinion of the Planning Commission, be affected by such amendment, supplement or change, unless such omission is intentional, shall not invalidate any ordinance passed hereunder, it being the intention of this Chapter to provide, so far as may be for notice to the persons substantially interested in the proposed change, that an ordinance is pending before the Council, proposing to make a change in zoning.
(Ord. 7139-99. Passed 7-6-99.)
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