1151.08 TEXT AMENDMENTS AND CHANGES OF ZONING DISTRICTS.
   The text of this Zoning Code and the Zoning Map may be amended from time to time by the passage of an ordinance duly adopted by the Village Council in accordance with the procedures set forth in this Chapter and in compliance with the provisions provided in the Ohio Revised Code, Chapter 713.
   (a)   Parties Entitled to Initiate Amendments. An amendment to the text of the Zoning Code or to the Zoning Map may be initiated by motion of the Planning Commission, by passage of an ordinance by the Village Council that is certified by the Village Clerk to the Planning Commission, or by the filing of an application with the Planning Commission by one or more of the owners or lessees of property located within the area proposed to be changed or affected by the proposed amendment.
   (b)   Standards for Reviewing Amendments. The decision of the Village Council to amend the text of the Zoning Code or to amend the Zoning Map is within the sound legislative discretion of the Council. As a part of the review by the Council, for any amendment to the text of the Zoning Code or to the Zoning Map, the following factors, where applicable, should be considered:
      (1)   The reports submitted by reviewing governmental agencies.
      (2)   The comments received at the public hearing concerning the proposed amendment.
      (3)   The relationship to the public health, safety, morals and general welfare.
      (4)   Compatibility with the goals and objectives, if any, of adopted plans for land use, transportation, utilities, community facilities.
      (5)   The economic viability of the proposed district.
      (6)   The location of the subject property and the compatibility of the proposed use with the character of the area.
      (7)   The existing and proposed site features of the subject property.
   (c)   Review Procedures for Amendments.
      (1)   Application. An applicant for a zone amendment shall file an application on a form or forms provided by the Planning Commission. The application shall be considered complete when the Zoning Official or other designee determines such.
      (2)   Scheduling of the Planning Commission Public Hearing. Within five (5) days after the adoption of a motion by the Planning Commission, certification of an ordinance by the Village Council or the filing of an application determined to be complete, the Planning Commission shall set a date for a public hearing not less than twenty (20) nor more than forty (40) days from the date of initiation of the amendment by motion, certification or the filing of an application and provide notice of such hearing pursuant to Section 1151.09.
      (3)   Planning Commission Review and Recommendation. The Planning Commission shall, within thirty (30) days after their public hearing recommend the approval or denial of the proposed amendment, or the approval of some modification of the amendment pursuant to the standards in subsection (b) hereof. The Planning Commission shall then submit its recommendation together with the proposed text and map changes to the Village Council.
      (4)   Village Council Review and Action.
         A.   Schedule of Hearing. Upon receipt of the recommendation from the Planning Commission, the Village Council shall hold a public hearing within thirty (30) days in accordance with the procedures outlined in Section 1151.09.
         B.   Decision. Within twenty (20) days after the public hearing, the Village Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification of the recommendation by the Planning Commission. In making its decision, the Board shall consider the factors contained in subsection (b) hereof.
         C.   Effective Date. An amendment adopted by the Village Council shall become effective in thirty (30) days after the date of adoption of the ordinance unless within that time period a petition for zoning referendum is presented in accordance with the requirements of the Ohio Revised Code.
      (5)   Referendum. Referendum petitions shall be processed pursuant to the Village Charter and the provisions of the Ohio Revised Code.
(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)