Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Village Council may, by Ordinance after receipt of recommendations from the Planning Commission and subject to procedures provided by law, amend, supplement, change, or repeal the regulations, restrictions, and district boundaries or classification of property.
(a) Initiation of Amendments: Amendments to this Regulation may be initiated in one of the following ways:
(1) By adoption of a motion by the Planning Commission.
(2) By adoption of a resolution by the Village Council; or
(3) By the filing of an application by at least one (1) owner or his designee or property within the area proposed to be changed or affected by said amendment.
(b) Application for Amendments: The application for amendment shall contain at a minimum the following information in triplicate:
(1) Name, address, and telephone number of applicant;
(2) Date;
(3) Legal description of the property;
(4) Present use;
(5) Present zoning district;
(6) Proposed use;
(7) Proposed zoning district;
(8) A vicinity map at a scale approved by the Planning Commission showing property lines, streets, existing and proposed zoning, and such other items as the Planning Commission may require;
(9) Proposed amendment to the text;
(10) A list of all property owners within five hundred (500) feet of, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned, and others that may have a substantial interest in the case;
(11) A statement on how the proposed amendment relates to Perspectives: A Future Land Use Plan for Greene County, Ohio, and
(12) A fee as established by the Village Council.
All applicants submitting requests for change in district boundaries on the Official Zoning District Map shall be required to post a sign upon the property in question within five (5) days after the submission of an application. Such sign shall be clearly visible from the street, or in the case of two or more streets, that street with the greater average traffic flow.
Such sign shall state "THIS PROPERTY IS BEING CONSIDERED FOR REZONING." "FOR INFORMATION CALL CEDARVILLE VILLAGE." and shall also denote the present and proposed zoning district classification for the site. No zoning permit shall be required. However, the location and size of such sign shall be subject to approval by the Zoning Inspector.
(c) Procedure for Amendments: In the event that a proposed rezoning is located adjacent to another political jurisdiction, an additional copy of the application shall be provided and forwarded to the chairman of the Zoning Commission of that jurisdiction. Any comments provided by the adjoining jurisdiction shall be considered at the public hearing of the Planning Commission.
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 the Ohio Department 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 the Ohio Department of Transportation. The Planning Commission may proceed as required by law, however, for one hundred twenty (120) days from the date the notice is received by the Director of the Ohio Department of Transportation. If the Director of the Ohio Department of Transportation notifies the Village Council that he shall proceed to acquire any land needed, then the Village Council shall refuse to approve the zoning. If the Director of the Ohio Department of Transportation notifies the Council that acquisition at this time is not in the public interest or upon expiration of the one hundred twenty (120) day period or any extension thereof agreed upon by the Director of the Ohio Department of Transportation and the property owner, the Council shall proceed as required by law.
The Planning Commission shall schedule a public hearing after the adoption of their motion, a transmittal of a resolution from the Village Council, or the filing of an application for Zoning Amendment. Said hearing shall not be less than twenty (20) nor more than forty (40) days from the date of adoption of such motion, transmittal of such resolution, or the filing of such application.
Before the required public hearing, notice shall be given by the Planning Commission by at least one (1) publication in a newspaper of general circulation within the Village at least fifteen (15) days before the date of said hearing. This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to the Village Council for further determination.
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 Planning Commission, by first class mail, at least twenty days before the date of the public hearing to all owners of property within five hundred (500) feet of, contiguous to, and directly across the street 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 lists that may be specified by the Village Council. The failure to deliver the notice, as provided in this section, shall not invalidate any such amendment. This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to the Village Council for further determination. In the case of a text amendment or where more than ten (10) parcels of land are being considered, written notice shall not be required.
Within thirty (30) days after the required public hearing, the Planning Commission shall forward with reasons for such recommendation to the Village Council 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.
Upon receipt of the recommendation from the Planning Commission, the Village Council shall schedule a public hearing. The date of said hearing shall be not more than thirty (30) days from the receipt of the recommendation from the Planning Commission.
Notice of the required public hearing shall be given by the Village Council by at least one (1) publication in a newspaper of general circulation within the Village. Said notice shall be published at least fifteen (15) days before the date of the required hearing. Such notice shall be mailed by the Clerk of Council, by first class mail, at least twenty (20) days before the day of the hearing to all owners of property within five hundred (500) feet of, contiguous to, and directly across the street 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 lists that may be specified by the Village Council. The failure to deliver the notice as provided in this section shall not invalidate any such amendment. In the case of a text amendment or where more than ten (10) parcels of land are being considered, written notice shall not be required.
Within twenty (20) days after the required public hearing the Village Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event the Village Council denies or modifies the recommendation of the Commission the unanimous vote of the Village Council is required.
Such amendment adopted by the Council 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 Council a petition, signed by a number of qualified voters residing in the Village 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 Council to submit the amendment to the electors of such area, for approval or rejection, at the primary or general election.
No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the votes 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.