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(a) Amendments to this Zoning Code may be initiated by: 1) motion of the Planning Commission; 2) the adoption of a resolution therefore by Council, or 3) by the filing of an application therefore with the Planning Commission by one (1) or more of the owners or lessees of the property (with written consent of the property owner) within the area proposed to be changed or effected by the proposed amendment 4) by the Mayor. Council shall, upon the adoption of such resolution, certify it to the Planning Commission.
(Ord. 2010-059. Passed 3-7-11.)
(a) Submission. Application for amendments to this Zoning Code shall be submitted to the Planning Commission upon such forms as may be prescribed by the Commission and shall be accompanied by such maps, data and information as may be prescribed for that purpose by the Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by an Affidavit signed by at least one (1) of the owners or lessees of property (with written consent of the property owner) within the area proposed to be changed or effected, attesting to the truth and correctness of all facts and information presented with the application.
(b) Names and Addresses of Property Owners. Any persons desiring an amendment to this Zoning Code shall file with the application for such change a statement giving the names of all owners of property within the City of Fairlawn, contiguous to, and across the street from the area proposed to be reclassified or redistricted and the addresses of such owners appearing on the current tax roll.
(c) Fee. Each application shall be accompanied by a check, payable to the City of Fairlawn, or a cash payment, sufficient in amount to cover the cost of publishing and/or posting and mailing the notice of the hearing or hearings. Such fee shall be determined from time to time by Council, upon the recommendation of the Planning Commission.
(Ord. 2010-059. Passed 3-7-11.)
(a) Action by the Planning Commission. The Planning Commission shall act on any matter before it within three (3) regularly scheduled meetings including the date of its introduction before the Commission, unless a longer time is allowed by Council, and shall submit all recommendations together with the Commission's minutes, including the legal description and map pertaining thereto, to Council for action. A proponent of Planning Commission action may waive, in writing, further proceedings before Council.
(b) Public Hearing by Council. Before an ordinance for any such proposed zoning amendment may be passed, Council shall hold a public hearing thereon and shall give thirty (30) days notice of the time and place thereof in the manner established in Section 4.08 of the City Charter and shall give additional notice as provided in Section 10.04 of the City Charter.
(c) Public Examination of Documents. During the thirty (30)-day period following the publication of notice of the public hearing, the text or a copy of the text of such amendment, together with maps or plans or copies thereof forming part of or referred to in such amendment and the maps, plans and reports submitted by the Planning Commission, shall be on file, for public examination, in the office of the Clerk of Council.
(d) Action by Council. Within thirty (30) days after the public hearing, Council shall take action by placing on its first reading an ordinance properly covering such amendment. Final action by Council on such ordinance shall be taken after a public hearing, and after its third and final reading but not later than ninety (90) days after its first reading. The ordinance which follows the recommendation of the Planning Commission shall be enacted by not less than the affirmative vote of four (4) or more members of Council. Any ordinance which differs from or departs from the recommendation submitted by the Planning Commission shall not take effect unless it is enacted by not less than the affirmative vote of five (5) or more members of Council. At the hearing, the applicant or any party in interest may appear in person or by an attorney at law.
(Ord. 2010-059. Passed 3-7-11.)
(a) Zoning Map Amendments. When an amendment to this Zoning Code, changing the zoning of any area, becomes effective, it shall be the duty of the Zoning Administrator to cause such change to be entered on the Zoning Map on file in the office of the Clerk of Council.
(b) Effective Date. An amendment adopted by Council shall become effective under the provisions of Section 4.08 of the City Charter.
(Ord. 2010-059. Passed 3-7-11.)