1121.15 ZONING AMENDMENT PROCEDURE.
   (a)   Initial Review. Within three (3) business days of receipt, the Community Development Administrator shall review the application and attachments thereto and verify payment of the application fee. If the application is deficient, the Community Development Administrator shall notify the applicant of the corrections or additional information needed. When the application requirements are satisfied, the Community Development Administrator shall accept the application for municipal review.
   (b)   Municipal Review. The Community Development Administrator shall forward a copy of the application and attachments thereto to the city staff and municipal consultants for review, comments and recommendations. Within fifteen (15) business days of receipt, the city staff and municipal consultants shall transmit their written comments, suggestions and recommendations to the Community Development Administrator. The Community Development Administrator shall transmit review comments identifying deficiencies to the applicant for correction and resubmittal.
   (c)   Planning Commission Review. When the applicant complies with the submittal requirements, the Community Development Administrator shall schedule the application for a hearing before the Planning Commission. The Community Development Administrator shall transmit to the Secretary of the Planning Commission a copy of the application and attachments thereto, the comments and recommendations of city staff and municipal consultants and such other documents and information relevant and material for a proper decision by the Planning Commission. The Planning Commission shall review the application materials; take sworn testimony offered by the applicant, city staff, municipal consultants and any other persons; may accept additional documents at the hearing; and shall review all competent testimony and evidence presented and apply the factors in Sections 1121.11 (Amendment to Planning and Zoning Code) or 1121.13 (Amendments to Zoning Classification of Land). The Planning Commission may request additional testimony, records, plans, studies or reports which will assist the members to properly decide the application. The Planning Commission shall adopt an Announcement of Decision with findings of fact (see Section 1111.021 (Findings of Fact) citing the evidence in review of the factors listed in Sections 1121.11 or 1121.13 and in support of its decision. Not later than its next regular meeting, Planning Commission shall make a recommendation to Council to approve or deny the application or to approve the application with changes, modifications or conditions. The Community Development Administrator shall transmit a copy of the Announcement of Decision within ten (10) business days of adoption to the applicant, and the Secretary of the Planning Commission and the Clerk of Council.
   (d)   Public Hearing. The Clerk of Council shall schedule the application for proposed zoning amendment for a public hearing before Council within 65 days of receipt of the Planning Commission's Announcement of Decision. The Clerk shall also schedule the application for the proposed amendment for consideration by Council at the next regular meeting following the public hearing. The Community Development Administrator shall forward to the Clerk, for distribution to Council, a copy of the application materials, Planning Commission's Announcement of Decision and such information, documents and plans which will assist members of Council to properly decide the application.
   (e)   Notice of Public Hearing.
      (1)   Publication. A notice of public hearing shall be published in a newspaper of general circulation in the City at least 30 calendar days before the public hearing. The notice shall include the date, time and place of the public hearing; a brief description of the application and relief sought; and a statement that any person may appear at the public hearing and be heard.
      (2)   Additional notice required for rezoning of ten or less parcels. A notice of public hearing shall be mailed at least 20 calendar days before the hearing to the applicant and owners of land within 200 feet of the boundary of the property identified in the application. The notice shall include the date, time and place of the public hearing; a brief description of the application and relief sought; and a statement that any person may appear at the public hearing and be heard. Failure of delivery of notice shall not invalidate the Council's decision on the application.
       (3)   Public examination. For at least 30 calendar days preceding the public hearing, all of the documents concerning the application shall be available during normal business hours in the office of the Clerk of Council for inspection and copying pursuant to the Ohio Public Records Act.
   (f)   Public Hearing. Any person may appear at the public hearing and testify. All testimony shall be given under oath. Council shall review the application, attachments thereto, other documents transmitted by the Community Development Administrator, and additional documents submitted to the Council; shall hear testimony presented and may accept other documents at the hearing. Council may request additional information which it deems necessary for a thorough and proper consideration of the application. Additional reports, plans, comments or expert opinions shall be submitted to the Community Development Administrator and transmitted to the Clerk of Council no later than 10 business days prior to the continued hearing date, unless otherwise directed by Council. Council may recess a public hearing from time to time to a date certain. A second Notice of Public Hearing shall be mailed at least six (6) calendar days before the continuance of the hearing for zoning re-classification to the applicant and all owners of land within 200 feet of a boundary line of the property identified in the application. Council shall close the hearing after taking all the testimony and receiving all documents.
   (g)   Decision. Within 65 calendar days of closing the public hearing, Council shall adopt an Announcement of Decision which includes findings of fact (see Section 1111.019) which review the factors listed in Sections 1121.11(Amendment to Planning and Zoning Code) or 1121.13 (Amendments to Zoning Classification of Land) and support its decision. The application may be modified during the hearing and approved by Council without further notice; except that the applicant may not request a different zoning classification.
      (1)   A vote by at least two-thirds of the members of Council is required to reject the recommendation of the Planning Commission.
      (2)   A vote by at least a majority of the members of Council is required to approve the recommendation of the Planning Commission.
      (3)   Within 10 business days of adoption of the Announcement of Decision, the Community Development Administrator shall transmit a copy of the Council's Announcement of Decision to the applicant, the secretary of the Planning Commission and the Clerk of Council.
   (h)   Voter Approval. Pursuant to Charter Section 3.09 (Ordinances and Resolutions), the following legislation shall not become effective until it is approved by a majority of the electors of the municipality voting thereon at the next general or primary election occurring not less than 90 calendar days after passage of the ordinance approving the zoning amendment:
      (1)   Legislation providing for a change in the use district classification from residential use to commercial or industrial use.
      (2)   Legislation providing for a zoning change of lands to a multi-family residential zoning classification.
      (3)   Legislation providing for a zoning change of lands to a single-family residence district zoning classification which permits lots of less than 11,000 square feet.
(Ord. 2635. Passed 1-13-11; Ord. 2798. Passed 12-12-13; Ord. 3040. Passed 12-13-18.)