§ 155.193 AMENDMENT PROCESS.
   (A)   All petitions for amendments to this Zoning Code shall be in accordance with § 155.191(C), filed with the Zoning Administrator in writing, signed and accompanied by a fee established by resolution of the City Council.
   (B)   At all times during the process, the text of proposed changes and associated maps and reports from the Planning Commission, shall be open for inspection in the office of the Clerk of Council or in some officially designated location
   (C)   The Zoning Administrator shall forward the application to the Planning Commission upon a determination that the application is complete. Incomplete applications shall be returned to the applicant and shall not be processed further until fully completed.
   (D)   All petitions for amendments and rezoning, without limiting the right to file additional material, shall contain the following:
      (1)   The petitioner's name, address and interest in the petition as well as the name, address and interest of every person, firm or corporation having a legal or equitable interest in the land.
      (2)   The nature and effect of the proposed amendment.
      (3)   If an individual property or several adjacent properties are proposed for rezoning, a location map, showing the location of the properties generally in the city, a legal description of the land(s) proposed for rezoning, the present zoning classification(s), the zoning classification of all abutting properties, and all public and private rights-of-way and easements bounding and intersecting the land under consideration.
      (4)   Any changed or changing conditions in the area of the proposed rezoning or in the city which make the proposed amendment reasonable and necessary to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.
      (5)   All other circumstances, factors and reasons which the applicant offers in support of the proposed amendment.
   (E)   Public hearing and notice; Planning Commission action.
      (1)   The Planning Commission shall make a recommendation upon an application for amendment or rezoning within 30 days after the public hearing is closed.
      (2)    The Planning Commission shall hold a public hearing on any amendment or rezoning, notice of which shall be posted on the city's website at least ten days prior to the hearing. All notices of public hearing shall state the time, date, place and purpose of the public hearing. A notice for a rezoning shall also include a map of the affected area.
      (3)   If the application is for rezoning ten or fewer parcels, the same notice shall be mailed no less than 20 days prior to the date of the hearing, to all property owners abutting and across the street from the subject parcel. Notices shall be sent to the last known address of the respective property owners as appearing on the Hamilton County Auditor's current tax list.
      (4)   At least ten days prior to the scheduled public hearing for a rezoning, a temporary sign approximately six square feet in area shall be posted by the city on the property subject to the rezoning request. The sign shall be removed within three days following the public hearing at which the request was heard. The sign shall contain the following information:
         (a)   The specific request being made,
         (b)   Date of the public hearing,
         (c)   Location of the public hearing, and
         (d)   Location where additional information may be obtained regarding the request.
      (5)   At the public hearing, the Planning Commission shall consider the merits of the case, as well as public testimony, and make a recommendation to approve or deny the amendment in question, following the review guidelines of § 155.192. The Commission shall submit its recommendation to the City Council no more than 30 days after the public hearing has closed unless the applicant agrees to a longer period.
   (F)   City Council action. Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing on the amendment, after publication and notice in accordance with the process outlined in division (E) of this section.
   (G)   Modification. The City Council may modify and subsequently adopt the proposed amendment, adopt it as presented by the Planning Commission or deny the amendment. The Council may refer any proposed modifications back to the Planning Commission for additional review and recommendation.
   (H)   Ordinance. All amendment and rezoning approvals shall be by ordinance.
      (1)   It is recognized that there exist within zoning districts certain uses, buildings, structures and lots that were lawful before this Code was passed or amended, but are now prohibited, regulated or restricted under the terms of this Code. It is the intent to permit these legal nonconformities to continue until they are removed, but not to encourage their continuance.
      (2)   Nonconforming uses, buildings, structures and lots are declared by this Zoning Code to be incompatible with the provisions of the districts in which they are located. It is the intent of this Code that these nonconformities shall not be enlarged, expanded, or extended, except as otherwise permitted in this chapter, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the district.
      (3)   Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Code and upon which actual building construction has been diligently conducted.
      (4)   Nothing in this chapter shall be interpreted as authorization for, or approval of, the continuance of the use of a structure or premises in violation of any regulation in effect at the time of the adoption of this Code.
(Res. 21-1165, passed 7-20-21)