(A) Applications for any change of district boundaries or classifications of property as shown on the zoning map shall be submitted to the Commission by the Commission, itself, the Council, or the property owner of the property proposed to be reclassified.
(B) Upon filing the request for change in classification, the applicant, at their expense, shall erect a sign or signs conforming to the requirements below, legible from the public right-of-way, measuring two feet by four feet, at the property requested for change in classification the same day the application is filed. If the required sign(s) are not in place, the request shall be returned to the applicant as incomplete and not placed on the Commission’s agenda. In the case of parcels with frontage on more than one public street, a minimum of one sign shall be provided for each public street. In any event, one sign shall be provided for every 600 feet of frontage. The sign shall give the applicant’s name, address, and telephone number and the present zoning classification. The sign shall state that the information concerning the request is on file at the Planning Commission’s public office and is available for inspection during normal business hours. The required signs shall remain in place until 40 days after final action on the legislation when they shall be removed by the applicant. Applications for amendments initiated by the Commission shall be accompanied by its motion pertaining to such proposed amendment.
(C) Before submitting its recommendations on a proposed amendment to Council, the Planning Commission shall hold a public hearing thereon. Notice of such hearing shall be given by one publication in a newspaper of general circulation in the city and shall also be posted as provided in the city’s administrative code. The notice shall state the place or places where, and time when, the proposed amendment to the ordinance, including text and maps, may be examined, and the time and place for the public hearing.
(D) If the proposed ordinance, measure, or regulation intends to rezone or redistrict ten or fewer parcels of land as listed on the tax duplicate, notice of the hearing shall be mailed by the Planning Director by first class mail at least 20 days before the date of the public hearing to the owners of property within, contiguous to, and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the county auditor’s current tax list or the treasurer’s mailing list. Failure to receive notice as provided in this section shall not invalidate any such ordinance, measure, or regulation.
(E) The Commission may call upon the various departments of the municipality, upon the Planning Director, or upon expert consultants for assistance in the performance of its duties, and it shall be the duty of such departments or staff to render such assistance to the Commission as may reasonably be required.
(F) The Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application not be granted. The Commission’s recommendation shall be certified to Council.
(G) After receiving the Planning Commission’s recommendations on the proposed amendment, and before acting on such amendment, the Council shall hold a public hearing thereon in accordance with the provisions of R.C. § 713.12. Council shall set the date of such hearing and shall give at least 30 days’ notice of the time and place thereof in a newspaper of general circulation in the municipal corporation by publication twice. If the ordinance, measure, or regulation intends to rezone or redistrict ten or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the clerk of the legislative authority, by first class mail, at least 20 days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the county auditor’s current list, or the treasurer’s mailing list, and to such other list or lists that may be specified by the legislative authority. The failure of delivery of such notice shall not invalidate any such ordinance, measure, or regulations. Notice shall be posted as provided by the administrative code. During such 30 days, the text or copy of the text of such ordinance, measure, or regulations, together with the maps, plans, or copies thereof forming part of or referred to in such ordinance, measure, or regulation, and the maps, plans, and reports submitted by the Planning Commission, board, or officer shall be on file for public examination in the office of the clerk of the legislative authority or in such other office as is designated by the legislative authority.
(H) No ordinance, measure, or regulation which violates, differs from, or departs from the plan or reports submitted by the Planning Commission shall take effect unless passed by a vote of four members of Council. No ordinance, measure, or regulation which is in accordance with the recommendation, plan, or reports submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to Council.
(I) In order to partially defray the costs of processing a property owner’s application for a change of the official zoning map, a fee as set forth in § 35.70 of the Bowling Green Code of Ordinances must accompany the application. Under no condition shall any of the aforementioned fee or any part thereof be returned to the applicant for failure of the application.
(J) If the application for change in zone or district, or for other change in the Zoning Code, originates in the Planning Commission on its own action without application from a property owner, no fee shall be charged.
(Ord. 9098, passed 6-12-2023)