CHAPTER 1119
Amendments
1119.01    Amendments.
1119.03    Initiation of zoning amendment.
1119.05    Preapplication meeting.
1119.07    Amendment to Planning and Zoning Code.
1119.09    Amendment to zoning classification of land.
1119.11    Zoning amendment procedure.
1119.01 AMENDMENTS.
   The Planning and Zoning Code may be amended by ordinance. A proposed amendment shall comply with the procedures of this Chapter.
(Ord. 3273. Passed 5-9-24.)
1119.03 INITIATION OF ZONING AMENDMENT.
   An amendment to a zoning district shall only be initiated by one of the following procedures:
   (a)   Filing an application signed by the applicant and by all owners of property within the area of the proposed rezoning. A person who has executed a real estate purchase agreement, land installment contract or an option to purchase land within the area to be rezoned shall also sign the application for zoning amendment.
   (b)   At the request of the Planning Commission, by the adoption of an Announcement of Decision recommending to the Council an amendment to the zoning district.
   (c)   By the adoption of an ordinance by the Council.
      (Ord. 3273. Passed 5-9-24.)
1119.05 PREAPPLICATION MEETING.
   The applicant, prior to submitting an application, shall appear before the Planning Commission to informally discuss a proposed zoning amendment to elicit opinions, suggestions or recommendations of the Commission members. The Planning Commission shall take no action at the informal meeting, nor shall the discussion be construed as approval or denial of the proposed zoning amendment. (Ord. 3273. Passed 5-9-24.)
1119.07 AMENDMENT TO PLANNING AND ZONING CODE.
   When an amendment proposes a change in the Planning and Zoning Code (other than a change of the zoning classification of property), the Planning Commission and the Council shall consider the following factors:
   (a)   Whether the change proposed in the amendment is consistent with the intent and purposes of the Planning and Zoning Code and the objectives of the Comprehensive Plan;
   (b)   Which zoning districts or parcels are included in the proposed zoning amendment and the nature and extent of the impact thereto; and
   (c)   Whether the change proposed in the amendment is necessary due to a change of conditions in the affected zoning districts or portions thereof, or in the city generally, and the nature and extent of the changed conditions.
      (Ord. 3273. Passed 5-9-24.)
1119.09 AMENDMENT TO ZONING CLASSIFICATION OF LAND.
   When a proposed amendment will result in a change of the zoning classification of land, the Planning Commission and the Council shall consider the following factors:
   (a)   Is the change in classification consistent with the Comprehensive Plan and amendments thereto;
   (b)   Is the change in classification consistent with the intent and purposes of the Planning and Zoning Code;
   (c)   Is the change proposed in the amendment necessary due to a change of conditions in affected zoning districts or portions thereof and the nature and extent of the changed conditions;
    (d)   What the uses of the property will be if the zoning classification is amended and whether the uses are compatible with the permitted and existing uses of property in the surrounding area;
   (e)   Whether the uses permitted on the property if reclassified will have an adverse environmental or health impact on the surrounding area, such as reduced light, increased noise, or reduced air or water quality;
   (f)   Whether adequate utility, sewer, water and other required public services currently exist or are available to serve the reclassified property;
   (g)   The amount of vacant land with the same proposed zoning classification, particularly in the vicinity of the subject property; and special circumstances, if any, that prevent or hinder a substantial part of the vacant land from being developed; and,
   (h)   The proposed amendment would correct an error in the application of the Planning and Zoning Code as applied to the subject property.
      (Ord. 3273. Passed 5-9-24.)
1119.11 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 1119.07 (Amendment to Planning and Zoning Code) or 1119.09 (Amendments to Zoning Classification of Land). The Planning Commission may request additional testimony, records, plans, studies or reports that will assist the members to properly decide the application. The Planning Commission shall adopt an Announcement of Decision with findings of fact citing the evidence in review of the factors listed in Sections 1119.07 or 1119.09 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 that 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 thirty (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 twenty (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 thirty (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 ten (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 sixty-five (65) calendar days of closing the public hearing, Council shall adopt an Announcement of Decision which includes findings of fact which review the factors listed in Sections 1119.07 (Amendment to Planning and Zoning Code) or 1119.09 (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 (2/3) 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 ten (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 ninety (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. 3273. Passed 5-9-24.)