138.06 PUBLIC HEARING AND COUNCIL ACTION.

   (a)    Council, before approving a general neighborhood renewal plan or an urban renewal or urban redevelopment plan, shall hold a public hearing on the plan at which an opportunity shall be provided to all persons interested to be heard in person or by counsel, which hearing may be adjourned from time to time. Notice of the date, time and place of such hearing will be published in a newspaper of general circulation in the City once a week for two consecutive weeks on the same day of the week, and at least ten full days shall elapse between the first publication and the date set for the public hearing. The notice shall also contain a description of the general neighborhood renewal area or the project area, as the case may be, by its location in relation to highways, streets, watercourses or other natural or artificial boundaries, and shall also designate the place at which the plan, maps, plats and other materials describing the project area are and will be available for public inspection.

   (b)    Following the completion of such public hearing, Council may either approve or reject the general neighborhood renewal plan or the urban renewal or urban redevelopment plan. or make modifications and approve such plan as modified; provided that:

      (1)    If the boundaries of the project area are extended to include any land, except land contained within the right-of-way lines of a dedicated street or alley, not included in the urban renewal or urban redevelopment plan upon which the public hearing was held pursuant to subsection (a) hereof, or if there is added a type of urban renewal or redevelopment activity not included in the urban renewal or urban redevelopment plan upon which the public hearing was held pursuant to subsection (a) hereof which requires the acquisition of property, or if there is any change deemed by Council to be substantial in land use or redevelopment restrictions contained in the urban renewal or urban redevelopment plan upon which the public hearing was held pursuant to subsection (a) hereof, a public hearing shall be held on such urban renewal or urban redevelopment plan as modified prior to the approval thereof by Council in accordance with the provisions of subsection (a) hereof; and

      (2)    If such modifications are other than in accordance with the recommendations of the Planning Commission, such general neighborhood renewal plan or urban renewal plan or urban redevelopment plan as modified shall be resubmitted to the Commission for its written approval of recommendations pursuant to the provisions of Section 138.05.

   (c)    When Council wishes to approve a general neighborhood renewal plan or an urban renewal or redevelopment plan, it shall do so by ordinance passed by not less than a majority vote, in accordance with the procedures established by Ordinance of Council for the passage of its ordinances and resolutions; provided, however, if such plan has not been approved by the Planning Commission, or if there were any partial disapprovals by, or adverse recommendations of the Planning Commission pursuant to Ohio R. C. 713.02, not accepted by Council by its modifications of the plan in accordance therewith, then an affirmative vote of two-thirds of the members of Council shall be required to pass such ordinance and, to the extent that such disapproval involves the construction of an improvement or utility within the meaning of Ohio R. C. 713.02, the concurrence of the head of the department or departments having control of the construction of such proposed improvement or utility shall also be necessary.

   (d)   The ordinance of Council approving a general neighborhood renewal plan should contain a finding that the plan conforms to the Master Plan and to the workable program of the City and such other findings as may be necessary or desirable, but it need not contain the other findings set forth below in subsection (f) for approval of urban renewal or redevelopment plans. Such approval of a general neighborhood renewal plan may be made before or at the same time as the approval of an urban renewal or redevelopment plan for a project within the general neighborhood renewal area.

   (e)    The ordinance of Council hereafter approving an urban renewal or redevelopment plan shall include the following findings:

      (1)    Specific findings of fact as to the conditions in the project area which make it a slum, blighted, deteriorated or deteriorating area, and findings that the project area is a slum, blighted, deteriorated or deteriorating area;

      (2)    That the size and character of the area and the location of elements of slum, blight and deterioration in the area make it appropriate for urban renewal activities;

      (3)    That the proposals for the proper relocation of individuals and families displaced in carrying out the project in decent, safe and sanitary dwellings in conformity with acceptable standards are feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the project; and that such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the number of displaced individuals and families, are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families in the project area, are available at rents or prices within the financial means of the displaced individuals and families, and are reasonably accessible to their places of employment;

      (4)    That the plan for the project area will afford maximum opportunity consistent with the sound needs of the community as a whole for the rehabilitation or redevelopment of the project area by private enterprise;

      (5)    That the plan conforms to the existing general plan for the overall development of the City; and

      (6)    Such additional findings as may be required if Federal aid is needed.

   (f)   The taking effect of the ordinance approving an urban renewal or redevelopment plan shall constitute authority to spend moneys of the City appropriated for carrying out urban renewal or redevelopment activities in accordance with the plan, as well as the proceeds of bonds or notes issued for such purpose, and to accept advances, gifts, donations and grants from the Federal government, the State, any entity, instrumentality or subdivision of either, or from any other entity or person for such purpose.

(Ord. 104-1971. Passed 4-26-71.)