CHAPTER 1121
Amendments
1121.01    Purpose.
1121.02    Initiation of amendments.
1121.03    Action of the Planning Commission.
1121.04    Action by Council.
1121.05    Deposit; refunds.
 
CROSS REFERENCES
Council may amend districting or zoning - see Ohio R.C. 713.10
Council to hold public hearings - see Ohio R.C. 713.12
 
1121.01 PURPOSE.
   Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may by ordinance, after receipt of recommendation thereon from the Planning Commission and subject to the procedure provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by the Zoning Ordinance or amendments thereof. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to Council.
(Ord. 914. Passed 11-8-66.)
1121.02 INITIATION OF AMENDMENTS.
   A proposed amendment of the zoning text or map may be initiated by the Planning Commission or Council. If initiated by Council, it shall be referred to the Commission. It may be initiated at the request of the owner of the property involved or any other person having an interest in the premises affected, in which event the proposed change shall be in the form of a petition and accompanied by a plan drawn to scale. The person or persons requesting the change shall furnish to the Commission the last known name and address of the owners of all property within 200 feet of the area proposed to be changed, as shown upon the records of Geauga County. Where all property within 200 feet is under the same ownership as the property proposed to be changed, the names and addresses of owners of all property adjoining that included in the proposed change shall be furnished to the Commission.
(Ord. 914. Passed 11-8-66.)
1121.03 ACTION OF THE PLANNING COMMISSION.
   (a)    The Planning Commission shall be allowed not less than forty-five days after the first regular meeting after the receipt of the proposed amendment to consider the proposal. A public hearing may be held at the discretion of the Commission or at the request of the owner of the property involved or any other person having an interest in the property for any proposed amendment to the zoning text or map. If a public hearing is to be held, notice of the time, place and purpose of such hearing shall be given by:
      (1)    Publication at least twice in a newspaper of general circulation in the Municipality; the first publication shall be not less than ten days prior to the date of the hearing; and
      (2)    Where the proposed amendment is to effect a change in the District Map, written notice of the hearing shall be mailed by the secretary of the Commission, by first-class mail, at least five days prior to the date of such hearing, to the owners of all property within 200 feet of adjoining property as prescribed in Section 1121.02. The failure of delivery of such notice shall not invalidate the proceedings or findings of the Commission.
   (b)    The Commission shall be allowed not less than ten nor more than forty-five days, unless extended by Council, after the hearing for submitting their recommendations on an amendment to the zoning text or map to Council.
(Ord. 914. Passed 11-8-66.)
1121.04 ACTION BY COUNCIL.
   (a)    After receiving recommendations or a proposed amendment from the Planning Commission or after the forty-five day no-decision period by the Commission, Council shall advertise and hold a public hearing thereon. For all proposed text or map amendments at least one notice of the public hearing shall be given in a newspaper of general circulation in the Municipality at least thirty days prior to the date of the hearing.
(Ord. 914. Passed 11-8-66.)
   (b)    Where a proposed amendment intends to rezone or redistrict ten or less parcels of land as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk- Treasurer, by first class mail, at least twenty days before the date of the public hearing to the owners of property within and contiguous and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor's tax list of the Treasurer's mailing list and to such other list or lists that may be specified by Council from time to time. The failure of delivery of such notice shall not invalidate any such amendment.
(Ord. 1251-82. Passed 2-15-82.)
   (c)    The published and mailed notification shall set forth the time and place of the public hearing and a summary of the proposed amendment. During the thirty days' advertising period the text or copy of the text of such ordinance or amendment and the maps, plans and reports submitted by the Commission shall be on file for public examination in the office of the Clerk-Treasurer.
   (d)    After the public hearing Council may adopt the proposal as recommended by the Commission by majority vote of its entire membership. If Council modifies the proposal, it shall resubmit the proposed modification to the Commission for further consideration and approval. Council may adopt the modified proposal without the approval of the Commission by a three- fourths vote of the full membership of Council. The Clerk-Treasurer shall submit a copy of any action in regard to the Zoning Ordinance to the Commission. (Ord. 914. Passed 11-8-66.)
1121.05 DEPOSIT; REFUNDS.
   (a)    At the time that an application for an amendment to the Zoning Ordinance is filed with the Planning Commission by the owner of property involved or any other person having an interest in the premises affected, as provided in Section 1121.02, there shall be deposited with the Clerk-Treasurer the sum of one thousand dollars ($1,000) for the cost of review by the Commission, for the cost of expert consultation, engineering review by the Engineer, legal expenses for the review of all proposed ordinances, plans, attendance at public meetings, for the cost of all legal notices and other administrative expenses incidental to the determination of such application for a change in the zoning amendment. At any time that the actual cost incurred in reviewing such application for a change in zoning prior to action by the Commission is two hundred fifty dollars ($250.00) less than the amount on deposit, the Commission or Council, after action taken by the Commission, may require the applicant to submit an additional cash bond of five hundred dollars ($500.00).
   (b)    In the event that the actual cost incurred for review is less than the amount on deposit, the unused portion of the cash bond shall be refunded after final action by Council or by final action of the Commission if it disapproves the application and the petitioner elects not to have the application certified to Council.
   (c)    In the event the actual cost is greater than the cash bond on deposit the petitioner shall be billed for such additional costs and such additional costs shall be paid before final action is taken by the Commission and/or Council.
(Ord. 1251-82. Passed 2-15-82.)