The review procedure for a text or zoning map amendment shall be as follows:
(a) Applications. Applications are available from and shall be filed at the Engineering and Zoning Office. Applications for amendments shall include, but not be limited to, the following information:
(1) Name, address and telephone number of applicant.
(2) Location of the property, lot number or metes and bounds description of the tract, and the present and proposed zoning district.
(3) A vicinity map at a scale approved by the Zoning Inspector showing property lines, streets, existing and proposed zoning and such other items as the Zoning Inspector may require.
(4) Present and proposed uses.
(5) The proposed amendments to the text, if applicable.
(6) Plat layout drawn to scale, showing the actual shape and dimensions of the lot or parcel to be recorded; and also the lots, parcels, buildings, uses and zoning districts within 200 feet of the area to be rezoned.
(7) A list of all property owners within, contiguous to and directly across the street from the parcel proposed to be rezoned from the County Auditor's current tax list except that addresses need not be included where more than ten parcels, as listed on the tax duplicate, are to be rezoned.
(8) A statement on how the proposed amendment relates to the Comprehensive Plan of the City.
(9) Specific reasons justifying the application of amendment.
(b) Review of Application by Zoning Inspector.
(1) The Zoning Inspector shall review the application for completeness.
(2) If deemed necessary, the Zoning Inspector may distribute the proposed amendment to other agencies and reviewers and prepare a report to the Planning Commission.
(c) Submission to Ohio Director of Transportation. Upon receipt of any amendment application which, if approved, would effect any land within 300 feet of the centerline of a proposed new street or highway or for which changes are proposed as described in the certification to local officials by the Ohio Director of Transportation, or within a radius of 500 feet from the point of intersection of such centerline with any public road, street or highway, the Zoning Inspector shall give notice, by registered or certified mail to the Director of Transportation. The Planning Commission may proceed as required by law; however, Council shall not approve the amendment for 120 days from the date the notice is received by the Director of Transportation. If the Director notifies the City that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof agreed upon by the Director and the property owner, Council shall proceed as required by law.
(d) Transmittal to Planning Commission. Within three (3) working days after the adoption of a resolution by Council or the filing of a complete application, such resolution or application shall be transmitted to the Planning Commission.
(e) Planning Commission Review and Recommendation.
(1) The Commission may hold a public hearing on the proposed amendment or supplement. If so, notice shall be advertised by at least one (1) publication in a newspaper of general circulation within the City at least ten (10) days prior to the date of the public hearing. The notice information content shall be in accordance with Section 1157.08: Public Notification for Public Meetings.
(2) The Planning Commission shall, by written communications and within sixty (60) days after receipt of the application or resolution, recommend the approval for an amendment, recommend approval with modification or recommend disapproval of the application or resolution and transmit such written communication to the Clerk of Council.
(f) City Council Public Hearing. Upon receipt of the recommendation of the Planning Commission, Council shall hold a public hearing on the proposed amendment or supplement within sixty (60) days.
(g) Notice of Public Hearing in Newspaper. Notice shall be advertised by at least one (1) publication in a newspaper of general circulation within the City at least thirty (30) days prior to the date of the public hearing. The notice information content shall be in accordance with Section 1157.08: Public Notification for Public Meetings.
(h) Notice to Property Owners by City Council. If the proposed amendment intends to rezone or redistrict ten (10) or less lots of record, 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 twenty (20) days before the day of the public hearing to all owners of property within and contiguous to and directly across the street from the parcel proposed to be rezoned or redistricted. Addresses shall be taken from the list provided with the application. Failure to deliver the notification, as provided in this Section, shall not invalidate any such amendment. The notice shall contain the same information required in the published notification.
(i) Public Inspection. During the thirty (30) day period prior to the public hearing, the text describing the proposed amendment, together with the plans and supporting documentation, shall be on file and available for review by the public in the Engineering and Zoning Office.
(j) Action by City Council. At or within thirty (30) days following the public hearing, Council shall act on the proposed amendment.
(1) Any ordinance, measure, or regulation which violates, differs from, or departs from the recommendation of the Planning Commission shall not take effect unless passed or approved by not less than three-fourths of the membership of the legislative authority.
(2) No ordinance, measure, or regulation which is in accordance with the recommendation of the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to the legislative authority.
(Ord. 2020-4053. Passed 1-7-21.)