SECTION 8.02.02 MEASURES SUBJECT TO REFERENDUM.
1. When the Council, by law or under provisions of general ordinances is required to pass more than one (1) ordinance or resolution necessary to make and pay for any public improvement, the referendum provision shall apply only to the first ordinance or resolution required to be passed and not to any subsequent ordinances or resolutions relating thereto.
2. Ordinances or resolutions providing for the annual tax levy or for improvements petitioned for by the owners of a majority of the feet front or a majority of the owners in interest of the property benefited and to be specially assessed therefor; and appropriation ordinances limited to the subject of appropriations, shall not be subject to referendum, but all other ordinances and resolutions, including emergency ordinances shall be subject to referendum.
3. Ordinances or resolutions submitted to the Council by initiative petition and passed by the Council either with or without change, but not required to be submitted to a vote of the electors, shall be subject to referendum in the same manner as other ordinances or resolutions.
4. Any ordinance or resolution amending or repealing: (a) the zoning map of the municipality; (b) any platting ordinance; (c) the permitted uses of land within any zoning or use district; (d) any restrictions on height of buildings and other structures; (e) the size of parcels required within any zoning or use district; or (f) the prescribed density of lot occupancy by buildings and other structures, must after approval by the Council and the Mayor, or upon the approval of the Council after a veto of the Mayor, be submitted to a vote of the electors of the Municipality, and shall become effective only upon approval thereof by the majority of the electors of the Municipality voting on such issue. In the event that any ordinance or resolution rezones any land within the Municipality from one use district classification to another then such ordinance or resolution must, after approval by the Council and the Mayor, or upon the approval of the Council after a veto of the Mayor, be submitted to a vote of the electors of the Municipality and shall become effective only upon approval thereof by the majority of the electors voting on such issue in the Municipality and in the ward or wards in which the land is situated.
5. In order to submit to the electors any ordinance or resolution of the classes listed in Paragraph 4 hereof, the Clerk of Council shall, after approval thereof by Council and the Mayor, or by Council after a veto of the Mayor, forward a certified copy thereof to the Cuyahoga County Board of Elections, with instructions to submit to the electors of the City and issue approving or rejecting such ordinance or resolution at the next regular or general election occurring more than sixty (60) days after final approval of such ordinance or resolution by Council.
The Council may, by a vote of at least five (5) of its members, order a special election for the submission of such issue to the electors, to be held at any time more than ninety (90) days after final approval of such ordinance or resolution by Council, and may fix the date of such special election; and in such event, the Clerk of Council shall direct the Board of Elections to hold such special election on the date designated by the Council. If any such ordinance or resolution is repealed by Council prior to the submission of such to the electorate, the electors shall not vote to approve or reject the same; but after approval thereof by the electors, repeal of such legislation shall not go into effect unless said repeal is approved by the electors in the manner provided herein. (Amended 11-6-90)