(A) Authority. Upon a recommendation from the Planning Commission, Council by ordinance may establish IDC Overlay Districts to remain in effect for one year, or extend IDC Overlay Districts established pursuant to Section 5 for nine additional months. Such recommendation from the Planning Commission may arise from a public meeting of the Commission. The Planning Commission is not required to provide advanced published notice or ordinary mail notice before taking such action. Any notice of the Planning Commission's intended action shall be the notice ordinarily required for any public meeting of the Commission.
(B) Procedure. To establish an IDC for a period of one year or to extend a three month designation for an additional nine months, Council shall hold a public hearing to review the recommendation of the Planning Commission. Notice of the date, time, place and purpose of such hearing shall be published in an advertisement in a newspaper in general circulation within the city once a week for two consecutive weeks on the same day of the week, the first of which shall be published at least 14 days in advance of the date of the required hearing. Notice of the date, time, place and purpose of the hearing shall also be sent by ordinary mail at least 14 days in advance of the required hearing to the owners of record of all parcels within the overlay district in question as such ownership appears in the records of the Hamilton County Auditor, and such notice may be contained within the notice implementing the Overlay District as required by § 151.1317. The failure of delivery of such notice shall not invalidate any action taken by Council.
(C) Council findings. At the public hearing to extend or implement the Overlay District, Council must find that:
(1) Ongoing study. The City Planning Commission is studying proposed Land Usage Code or map amendments that would affect the area within the IDC District;
(2) Study completion. The study is not yet completed, but may reasonably be expected to be completed and Land Usage Code amendments enacted within the year; and
(3) Inconsistent uses. There is a prospect of changes in use, construction of new structures or alteration or demolition of existing structures that would be inconsistent with preliminary objectives or findings for the area approved by the City Planning Commission.
(D) Council action. After the public hearing if Council finds that there is justification to either establish or extend an IDC district, Council may enact legislation to complete such designation, which ordinance by Charter may not be passed as an emergency. Provided, however, at Council's election, according to its rules, such ordinance may be read at one presentation with a suspension of the rules.
(Ord. 2-2005, passed 3-23-05)