(a) Newton Falls Planning Commission Rezone Consideration. Upon receipt of an application for an amendment to the zoning ordinance or map, the Planning Commission shall schedule a public hearing and consider the matter within 30 days.
(b) Public Hearing.
(1) No amendment to the zoning ordinance shall be considered by City Council until after public notice and hearing by the Newton Falls Planning Commission.
(2) All interested parties shall be heard at the public hearing.
(c) Notice of Hearing.
(1) Notice of a public hearing shall be published in a newspaper of general circulation at least 7 days prior to the hearing. The notice shall carry an appropriate descriptive title, and shall state the time, date and place of hearing. (Ord. 93-51. Passed 12-6-93.)
(2) A. Notice shall be in compliance with ORC 713.12;
B. Amendments to rezone ten or fewer parcels require supplemental notice to property owners by the Clerk of the legislative authority. Said notice shall also be given at least 7 days in advance of a public hearing to the owner of the property and all property owners immediately adjacent to the property for which the rezoning is requested or his agent. Notification shall be by United States Post Office proof of mailing.
(Ord. 2016-03. Passed 6-16-16.)
(Ord. 2016-03. Passed 6-16-16.)
(3) The Newton Falls Planning Commission at the close of the public hearing may defer taking lawful action on the proposed amendment until it has sufficient time to consider any new evidence or suggestions presented at the public hearing.
(d) Action by City Council.
(1) After conducting a duly advertised public hearing, the Newton Falls Planning Commission shall consider all information presented at the hearing.
(2) Before any map amendment is approved by City Council, the Newton Falls Planning Commission and City Council must find that the map amendment is in agreement with the City’s comprehensive plan or, in the absence of such findings, that one or more of the following apply; and such findings shall be recorded in the minutes and records of the Newton Falls Planning Commission and City Council.
A. That the original zoning classification given the property was improper or in appropriate.
B. That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the City’s comprehensive plan and which have substantially altered the basic characteristic of such area.
(3) If the Newton Falls Planning Commission recommends disapproval of the request for an amendment, City Council may reject the recommendation of the Newton Falls Planning Commission by a favorable vote of four members of Council.