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The minimum number of off-street loading spaces shall be not less than that as set forth in the following table:
(A) Each use of a business, institutional, personal or professional service nature including but not limited to a business office, hotel, motel, recreational or entertainment type use shall provide loading spaces based on gross floor area as follows:
Gross Floor Area (Sq. Ft.)
|
Minimum Loading Spaces Required
|
Under 10,000 | 0 |
10,000 to 100,000 | 1 |
100,000 to 350,000 | 2 |
350,000 or more | 2 plus 1 for each additional square feet or fraction thereof exceeding 350,000 square feet |
(B) Each commercial or industrial type use involving the retail or wholesale exchange, sale, storage, processing or manufacturing of merchandise or personal property of any type, which is permitted in any commercial or manufacturing district, shall provide loading spaces based on gross floor area as follows:
Gross Floor Area (Sq. Ft.)
|
Maximum Loading Spaces Required
|
Gross Floor Area (Sq. Ft.)
|
Maximum Loading Spaces Required
|
Under 5,000 | 0 |
5,000 to 10,000 | 1 |
10,000 to 30,000 | 2 |
30,000 to 90,000 | 3 |
90,000 to 150,000 | 4 |
150,000 to 250,000 | 5 |
250,000 or more | 5 plus 1 for each 80,000 square feet or fraction thereof exceeding 250,000 square feet |
('80 Code, § 1193.12) (Ord. 68-86, passed 12-8-86) Penalty, see § 153.999
The minimum number of off-street parking spaces required shall be not less than that as set forth in the following table:
TYPE OF USE MINIMUM PARKING SPACES REQUIRED Sq. Ft. means square feet of gross floor area |
TYPE OF USE MINIMUM PARKING SPACES REQUIRED Sq. Ft. means square feet of gross floor area | |
Residential | |
One or two-family dwelling | 2 per dwelling unit |
Housing for elderly | 1 per dwelling unit |
All other dwelling units | 2.5 per dwelling unit |
Office | |
Administrative or business | 1 per 250 sq. ft. |
Medical or dental | 1 per 200 sq. ft. |
TYPE OF USE MINIMUM PARKING SPACES REQUIRED Sq. Ft. means square feet of gross floor area |
TYPE OF USE MINIMUM PARKING SPACES REQUIRED Sq. Ft. means square feet of gross floor area | |
Institutional | |
Church | 1 for each 30 sq. ft. of the sanctuary, auditorium or main place of worship |
Day or nursery schools | 1 per teacher/employee plus 1 per six students |
Elementary schools | 2 per classroom plus 1 per 60 sq. ft. of auditorium or assembly hall |
High school, business, technical or trade school, college or university | 2 per classroom, plus 1 for every 20 students for which the facility is designed, or 1 per 60 sq. ft. of auditorium or assembly hall, whichever is greater |
Library, museum or art gallery | 1 per 250 sq. ft. plus 1 per each employee on largest shift |
Auditorium, stadium, conference center or other place of assembly | 1 per 25 sq. ft. |
Hospital | 2.5 per bed plus 1 per each employee on largest shift |
Nursing home | 1 per 6 beds plus 1 per each employee on largest shift |
Commercial | |
Commercial or business service uses, including retail centers less than 100,000 sq. ft. except as otherwise specifically provided for herein | 1 per 150 sq. ft. plus 1 per 200 sq. ft. of storage area |
Vehicle service station | 2 per vehicle service station plus requirements for vehicle repair |
Bank | 1 per 250 sq. ft. plus 1 per employee on largest shift |
Beauty or barber shop | 1 per 200 sq. ft. |
Pet care services (sitting and boarding) | 1 per 10 animals plus 1 per each employee on largest shift |
Pet care services (training and grooming) | 1 per 250 sq. ft. |
Funeral home | 1 per 150 sq. ft. plus 1 per business vehicle |
Lumber yard, furniture or large appliance store | 1 per 200 sq. ft. |
Motel or hotel | 1 per rental unit plus 1 per employee on largest shift plus 1 per 150 sq. ft. conference or meeting area plus required spaces for restaurant and lounge |
Restaurant, tavern, night club lounge or dance hall | 1 per 50 sq. ft. |
Vehicle sales | 1 per 300 sq. ft. plus 1 per 1,000 sq. ft. outdoor display area |
TYPE OF USE MINIMUM PARKING SPACES REQUIRED Sq. Ft. means square feet of gross floor area |
TYPE OF USE MINIMUM PARKING SPACES REQUIRED Sq. Ft. means square feet of gross floor area | |
Commercial (Cont'd) | |
Vehicle repair | 1 per 100 sq. ft. or 3 per each service bay, whichever is greater |
Shopping center | |
Over 100,000 to 500,000 sq. ft. | 5.5 per 1,000 sq. ft. |
Over 500,000 sq. ft. | 5 per 1,000 sq. ft. |
Entertainment/Recreation | |
Bowling alley | 5 per lane plus spaces for restaurants |
Golf driving range | 1 per tee plus 1 per employee on largest shift |
Miniature golf | 1.5 per hole plus 1 per employee on largest shift |
Skating rink (ice or roller) | 1 per 300 sq. ft. |
Swimming facility | 1 per 75 sq. ft. plus 1 per 30 sq. ft. of spectator area plus 1 per employee on largest shift |
Theater, auditorium or assembly hall | 1 per 3 patrons based on maximum capacity |
Fitness and recreational sports centers | 1 per 250 sq. ft. |
Industrial | |
All laboratories and all manufacturing production, fabrication and printing operations | 1 per employee on largest shift plus 1 per business vehicle normally on premises |
Warehousing | 1 per business vehicle, plus |
Square Feet | |
Up to 20,000 | 1 per 1,000 sq. ft. |
10,000 to 120,000 | 1 per 5,000 sq. ft. |
Over 120,000 | 1 per 10,000 sq. ft. |
('80 Code, § 1193.13) (Ord. 68-86, passed 12-8-86; Am. Ord. 96-07, passed 1-22-08) Penalty, see § 153.999
ADMINISTRATION AND ENFORCEMENT
This chapter shall be administered and enforced by an Administrative Officer or his designated representative who shall be appointed by Council as is prescribed by state law and is hereby empowered:
(A) Certificate of zoning compliance. The Administrative Officer shall issue a certificate of zoning compliance when the zoning ordinance has been followed, or refuse to issue the same in the event of noncompliance.
(B) Collection of fees. The Administrative Officer shall collect the designated fees as set forth in the zoning ordinance for certificates of zoning compliance, application for amendment or changes, appeal and conditional use.
(C) Making and keeping of records. The Administrative Officer shall make and keep all records necessary and appropriate to the office, including records of the issuance and denial of all certificates of zoning compliance and of receipt of complaints of violation of the zoning ordinance and action taken on the same.
(D) Inspection of building or land. The Administrative Officer shall inspect any building or land to determine whether any violations of the zoning ordinance have been committed or exist.
(E) Enforcement. The Administrative Officer shall enforce the zoning ordinance and take all necessary steps to remedy any condition found in violation by ordering in writing, the discontinuance of illegal uses or illegal work in progress, and may request the Solicitor to commence appropriate action.
(F) Advise Planning and Zoning Commission. The Administrative Officer shall keep the Planning and Zoning Commission advised of all matters other than routine duties pertaining to the enforcement of the zoning ordinance and to transmit all applications and records pertaining to supplements and amendments.
(G) Advise Board of Appeals. The Administrative Officer shall keep the Board of Zoning Appeals advised of all matters pertaining to conditional use permits, appeals or variances and to transmit all applications and records pertaining thereto.
('80 Code, § 1123.01) (Ord. 21-70, passed 7-13-70)
(A) Purpose. In order that the objectives of this Code may be more fully and equitably achieved, that there shall be provided a means of competent interpretation of this Code, that adequate but controlled flexibility be provided in the application of this chapter, that the health, safety, and welfare of the public be secured, and that justice be done, there is hereby established a Board of Zoning Appeals.
(B) Organization and membership.
(1) The Board of Zoning Appeals shall consist of five electors of the city who shall serve overlapping three-year terms appointed by City Council. Council shall make all reasonable efforts to appoint at least one member of the Board of Zoning Appeals with qualifying experience and/or training pertaining to residential construction, such as persons trained in mechanical/structural engineering, building, architecture and the like.
(2) The Board shall organize and adopt rules for its operation as approved by City Council.
(3) Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board determines. All meetings of the Board of Zoning Appeals shall be open to the public. The proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of Council and be a public record.
(C) Powers and duties. The Board of Zoning Appeals shall carry out the following powers and duties as provided in this section:
(1) Administrative appeals from any person or any governmental department affected or aggrieved, or to review any order, requirement, decision or determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative official or body charged with the enforcement and administration of this Code.
(2) Special permit. To authorize only special permits as provided under this Code.
(3) Variances. Where there are practical difficulties (non-use variances) or unnecessary hardships (use variances) preventing a property owner from conforming with the strict requirements of this Code, the Board of Zoning Appeals shall have the power to authorize variances from the requirements of this Code.
(4) Building construction appeals for the Dublin Division of Building Standards.
(5) Stream Corridor Protection Zone Appeals for the Dublin Engineering Division.
(6) Decisions related to nonconformities, as provided in § 153.004(C).
(7) The Board may also make advisory recommendations to Council and the Planning and Zoning Commission concerning zoning matters.
(8) The Board shall exercise any other powers, duties, and functions as provided by Council.
(D) Applications and hearings.
(1) Applications. A complete application to the Board of Zoning Appeals shall be submitted to Land Use and Long Range Planning. To be considered complete the application shall consist of submission of a fee as established by City Council, a completed application on a form provided by the city, and dimensioned site plans drawn to an appropriate scale, clearly showing the following items, unless waived by the Director of Land Use and Long Range Planning:
(a) Legal description of the property;
(b) The boundaries and dimensions of the lot;
(c) The size and location of existing and proposed structures, accessways, walks, off-street parking and loading spaces and landscaping;
(d) The proposed use of all parts of the lot and structures;
(e) The use of land and location of structures within 100 feet on adjacent property;
(f) For non-use variances, the area subject to the application shall be clearly marked; and
(g) Any other information that the Board of Zoning Appeals deems necessary to make a decision on the application.
(2) Hearings. Upon receipt of a complete application the city shall cause notices stating the time, place and subject of the hearing to be served personally or by mail addressed to the parties submitting the application, and to those persons residing within 150 feet of the property which is the subject of the application. All notices shall be sent to the addresses listed in the last assessment roll. Notices shall be sent at least 10 days prior to the date of the scheduled hearing.
(3) The Chair may administer oaths, and the Board of Zoning Appeals may compel the attendance of witnesses. Applications without representation during the hearing either in person or by agent shall be tabled without further action. Failure to appear for more than two meetings shall be considered a request for the application to be withdrawn. A new application shall then be required for any further consideration.
(E) Decisions.
(1) Actions of the Board of Zoning Appeals. During or within a reasonable time following a public hearing, the Board of Zoning Appeals shall approve, approve with modifications, or disapprove an application.
(2) Conditions.
(a) In making any decision provided for in this section, the Board may attach any conditions regarding the location, character and other features of the application as it may deem reasonable to ensure that applicable standards of review for the decision are met.
(b) Conditions attached may include, but not be restricted to, limitations on the extent or intensity of development, screening, lighting, control of access or other conditions of development as may be required. Conditions attached shall be stated in the motion for approval, including the reasons for each condition imposed.
(3) Any decision of the Board shall not become a final appealable order until minutes of the meeting at which final action on the request was taken are officially approved and adopted by the Board of Zoning Appeals, unless the Board shall find the immediate effect is necessary for the preservation of rights or that public safety be maintained and shall so certify on the record.
(4) The decision of the Board of Zoning Appeals shall be final; however, any person having an interest affected by any such decision shall have the right of appeal to a court of competent jurisdiction on questions of law and fact, provided that the appeal is filed within 30 day of the final administrative order, as stipulated by the State of Ohio.
(5) No application for action by the Board which has been disapproved shall be resubmitted for a period of one year from the date of disapproval, except as may be permitted by the Director of Land Use and Long Range Planning upon submission of new and significant facts or conditions which might result in favorable action upon resubmittal.
(6) Each decision entered under the provisions of this Code shall become null and void unless the construction or other action authorized by such decision has been started within one year after the decision was made and is being carried forward to completion or occupancy of land, premises, or buildings.
(7) The Board may grant a single six-month extension of the approval, provided the applicant requests the extension prior to the date of the expiration of the approval. The extension shall be approved if the applicant presents reasonable evidence to the effect that the development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period.
(8) The breach of any condition or requirement shall be considered a violation of the Board's action. The Board, after notice to the property owner and a public hearing held in the same manner as the original approval, shall have the authority to revoke, modify, or attach additional conditions to any approval granted if the applicant fails to comply with any of the applicable requirements in this Code or any condition attached to the approval.
(F) Administrative appeal to the Board of Zoning Appeals.
(1) An appeal may be taken from any person or any governmental department affected or aggrieved, and review any order, requirement, decision or determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative official or body charged with the enforcement and administration of this Code.
(2) Appeals shall be taken within 20 days after the decision by filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals, a notice of appeal, specifying the grounds. The officer from whom the appeal is taken shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action was taken.
(3) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director of Land Use and Long Range Planning certifies to the Board, after notice of appeal has been filed, that, due to the facts stated in the certificate, a stay would cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which may be granted by a court of record.
(4) In deciding the appeal, the Board shall determine whether or not the decision that was made was done so using the proper requirements and standards in this Code. The decision of the Board is limited to the information that was available to the administrative official or body who made the decision being appealed. Additional testimony is not appropriate.
(5) After a determination that the administrative official or body making the decision did so improperly, the Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and may make an order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative official or body from whom the appeal was taken.
(G) Special permits.
(1) Nature of special permit. Due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services, several specific uses have been identified which require supplemental criteria and review to substantiate that the use is appropriate for the proposed location.
(3) Standard of review. In reviewing an application for a special permit, the Board of Zoning Appeals shall consider the following:
(a) Whether the proposed use meets the applicable requirements established by this Code;
(b) Whether the proposed use is compatible with the existing land use and the general development and character of the neighborhood; and
(c) Whether the use can be developed and maintained without substantially impairing the general purpose and intent of the zoning district in which the use is proposed to be located.
(4) Any applicant who is denied a special permit by the Board of Zoning Appeals may appeal the denial to the City Council.
(H) Variances.
(1) Nature of variance. On a particular property extraordinary circumstances may exist, making a strict enforcement of the applicable development requirements of this Code unreasonable, and therefore, the variance procedure is provided to allow the flexibility necessary to adapt to changed or unusual conditions that meet the standards of review for variances. In granting any variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with the Zoning Code.
(2) Non-use (area) variances. Upon application, the Board of Zoning Appeals shall only approve a request for a non-use variance only in cases where there is evidence of practical difficulty present on the property in the official record of the hearing and that the findings required in (a) and (b) below have been satisfied with respect to the following standards of review:
(a) That all of the following findings are made:
1. That special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same zoning district whereby the literal enforcement of the requirements of this chapter would involve practical difficulties. Special conditions or circumstances may include:
A. Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter or amendment; or
B. By reason of exceptional topographic or environmental conditions or other extraordinary situation on the land, building or structure; or
C. By reason of the use or development of the property immediately adjoining the property in question.
2. That the variance is not necessitated because of any action or inaction of the applicant.
3. Granting the variance will not cause a substantial adverse effect to property or improvements in the vicinity or will not materially impair the intent and purposes of the requirement being varied or of this chapter.
(b) That at least two of the following findings are made:
1. That a literal interpretation of the provisions of the Zoning Code would not confer on the applicant any special privilege or deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter.
2. The variance request is not one where the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for those conditions reasonably practicable.
3. The variance would not adversely affect the delivery of governmental services ( e.g., water, sewer, garbage).
4. The practical difficulty could be eliminated by some other method, even if the solution is less convenient or most costly to achieve.
(3) Use variances. Final approval of a use variance shall be granted by the City Council, following review of the findings of the Board of Zoning Appeals. Upon application, the Board of Zoning Appeals shall only recommend to the City Council approval of a request for a use variance only in cases where there is evidence of an unnecessary hardship imposed on the property in the official record of the hearing and a finding is made that all of the following standards of review are met:
(a) That there are unnecessary hardships in the way of carrying out the strict letter of these regulations which are caused by exceptional or extraordinary circumstances or conditions applying to the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the vicinity in the same zoning district. Exceptional or extraordinary circumstances or conditions include:
1. Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter;
2. Exceptional topographic conditions;
3. By reason of the use or development of the property immediately adjoining the property in question; or
4. Any other physical situation on the land, building or structure deemed by the Board of Appeals to be extraordinary.
(b) That the proposed use will not alter the essential character of or be detrimental to adjacent property and the surrounding neighborhood.
(c) That the building, structure, or land cannot reasonably be used for a use allowed in the zone district in which it is located.
(d) That the variance is not necessitated because of any action or inaction of the applicant.
(I) Building construction appeals for the Division of Building Standards.
(1) The Board shall hear all appeals not related to the Ohio Building Code or other statewide Code regulated by the Board of Building Standards; namely, one-, two- and three-family residential dwellings within the city limits, or as provided in Section 111.1 in the Property Maintenance Code of the City of Dublin.
(2) If the Director of Building Standards denies a contractor's application for registration, suspends or revokes a contractor's registration certificate, or denies renewal of a registration certificate, the contractor shall have the right to appeal to the Board of Zoning Appeals. The contractor shall submit a notice of appeal to the Board of Zoning Appeals within five days from the receipt of the order of the Director of Building Standards. The decision of the Board of Zoning Appeals shall be final.
(3) An appeal shall be heard in accordance with the provisions of this section.
(4) An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provision of this Code do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this Code.
(J) Stream Corridor Protection Zone Appeals for the Dublin Engineering Division.
(2) An appeal shall be heard in accordance with the provisions of this section.
(3) Should the decision of the City Engineer be reversed or modified, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards to maintain the intent and spirit of Chapter 53 of the Dublin Code of Ordinances.
('80 Code, §§ 1129.01, 1129.02) (Ord. 21-70, passed 7-13-70; Am. Ord. 101-90, passed 11-19-90; Am. Ord. 13-03, passed 2-3-03; Am. Ord. 48-05, passed 9-6-05; Am. Ord. 28-08, passed 5-19-08)
Cross-reference:
Charter provisions concerning the Board of Zoning Appeals, see Charter Section 7.04
(A) Organization and members.
(1) The Planning and Zoning Commission shall organize and adopt rules in accordance with the requirements of the Charter of the city. Meetings of the Commission shall be held at the call of the chairperson, and at such other times as the Commission determines. All meetings of the Planning and Zoning Commission shall be open to the public. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep public records of its actions.
(2) The Planning and Zoning Commission shall consist of seven members appointed by the City Council to serve at the pleasure of Council. The powers and duties shall be as provided in the City Charter and as provided by ordinances and resolutions of Council.
(3) The city shall provide a stipend, as set forth by ordinance, to the members of the Planning and Zoning Commission while they are serving on the Commission.
(B) Powers and duties. The Planning and Zoning Commission shall have the following powers and duties:
(1) Review of preliminary and final plats and recommendation of action of Council;
(2) Review of amendments to the zoning map and to the zoning ordinance and recommendation of action to Council;
(3) Review of development proposals under the provisions of § 153.066 within the Bridge Street Corridor districts;
(4) Authorize conditional uses as specifically authorized by the terms of the zoning ordinance;
(5) Initiate the inclusion of annexed territory in one or more of the zoning districts defined in the zoning ordinance as amended;
(6) Review and approve final development plans, development plans, amended and revised development plans and plan refinements for planned districts;
(7) Initiate rezoning applications;
(8) Exceptions to the subdivision regulations as provided in Chapter 152; and
(9) All other powers and duties as may be provided by the City Charter and city ordinances as amended.
('80 Code, §§ 1131.01, 1131.02) (Ord. 101-90, passed 11-19-90; Am. Ord. 02-00, passed 1-18-00; Am. Ord. 19-12, passed 4-23-12)
Cross-reference:
Charter provisions concerning the Planning and Zoning Commission, see Charter Section 7.02
(A) Generally. No occupied or vacant land shall hereafter be changed in its use in whole or part until the certificate of zoning compliance has been issued by the Administrative Officer. No existing or new building shall hereafter be changed in its use in whole or in part until the certificate of zoning compliance has been issued by the Administrative Officer. This section shall in no case be construed as requiring a certificate of zoning compliance in the event of a change in ownership or tenancy only, without a change in use or intended use, provided that no repairs, alterations or additions are proposed for such building.
(B) Building permit. No building permit for the extension, erection or alteration of any building shall be issued before an application has been made and a Certificate of zoning compliance issued, and no building shall be occupied until such certificate is approved.
(C) Application for certificates. Each application for a certificate of zoning compliance for new development shall be accompanied by a plan in duplicate drawn to scale, one copy of which shall be returned to the owner upon approval. The plan shall show the following:
(1) The actual dimensions of the lot including easements.
(2) The exact size and location of all buildings existing on the lot.
(3) The proposed new construction.
(4) The existing and intended use of all parts of the land or buildings.
(5) Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of the Zoning Ordinance.
(D) Fees. When making application for a Certificate of Zoning Compliance, the following investigation and compliance fees shall be paid:
(1) Changes in use only of land or buildings or a single-family dwelling. No charge.
(2) Extensions or alterations to existing buildings, or the erection of new buildings of less than 2,000 square feet of gross floor area, $5.
(3) Erection of new buildings of 2,000 square feet or more of gross floor area, $10.
(E) Issuance of certificates. Certificates of zoning compliance shall be issued or refusal thereof given within seven working days after the date of application. Written notice of such refusal and reason thereof shall be given to the applicant.
(F) Open space requirements. No certificate of zoning compliance shall be issued until the requirements of § 152.086 have been met.
('80 Code, § 1123.02) (Ord. 21-70, passed 7-13-70; Am. Ord. 22-81, passed 5-4-81)
(A) Amendments by Council. Council may change or amend the text of the zoning ordinance, or the zoning district map.
(1) Initiation by resolution. Proposed changes or amendments may be initiated by Council by resolution or by motion of the Planning and Zoning Commission.
(2) Initiation by application. Proposed changes or amendments may be initiated by one or more owners or lessees of land within the area that is proposed to be changed by amendment of the zoning district map or by one or more owners or lessees of land to be affected by change or amendment of other provisions of the zoning ordinance.
(3) Resubmission of application. If a proposed amendment or supplement initiated by application is disapproved by Council another application for amendment or supplement affecting the land included in the disapproved application shall not be submitted within one year from the date of disapproval, except with a statement by the Planning and Zoning Commission of changed or changing conditions affecting the land sufficient to warrant reconsideration.
(B) Initiation of action by owner or lessee of land. Two copies of a provided application form shall be filed with the city not less than 20 days prior to the public hearing of the Planning and Zoning Commission at which the proposal is to be considered.
(1) Application. The application for any proposed change or amendment shall contain:
(a) A description or statement of the present and proposed provisions of the zoning ordinance or the proposed change of the district boundaries of the zoning district map.
(b) A description by map or text of the property to be affected by the proposed change or amendment.
(c) A statement of the relation of the proposed change or amendment to the general health, safety and welfare of the public in terms of need or appropriateness within the area by reason of changed or changing conditions and the relation to appropriate plans tor the area.
(d) A list of owners of property within 300 feet of the property lines of the area proposed to be rezoned. Such list to be in accordance with the Franklin County Auditor's current tax list.
(2) Fees. A fee as set forth from time to time by ordinance shall be paid to the municipality for each application for any proposed change or amendment to cover the necessary administrative and advertising costs.
(C) Procedure for consideration of proposed change or amendment.
(1) Procedure. Upon receipt of an application from an owner or lessee of land or a resolution by City Council, or the passage of a motion by the Planning and Zoning Commission, the Planning and Zoning Commission shall review the proposed amendment and shall submit a recommendation to City Council. The recommendation of the Planning and Zoning Commission shall be transmitted to City Council at which time City Council shall set a date for a public hearing upon the proposed amendment.
(2) Hearing date. In setting the date of such a public hearing, Council shall give at least 30 days notice thereof.
(3) Notice of hearing. Notice setting forth the time and place of such public hearing and the nature of the proposed change or amendment shall be published on the city’s website or other generally accepted medium, as designated by City Council.
(a) If the ordinance, measure or regulation 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 of Council by first class mail, at least 30 days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels to the addresses of such owners appearing on the County Auditors current tax list or the Finance Director's mailing list and to such other list or lists that may be specified by Council, and such list of names and addresses shall be supplied by the applicant to the Clerk of Council at the time of filing.
(b) During such 30 days the text or copy of the text of such ordinance, measure or regulation, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure or regulation and the maps, plans and reports submitted by the Planning and Zoning Commission, board or officer shall be on file, for public examination, in the office of the Clerk of Council or in such other office as is designated by Council.
('80 Code, §§ 1125.01 - 1125.03) (Ord. 21-70, passed 7-13-70; Am. Ord. 75- 03, passed 5-3-04; Am. Ord. 19-12, passed 4-23-12; Am. Ord. 22-14, passed 8-25-14)
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