An application for an amendment to the Zoning Map or the classification of property initiated by at least one owner or lessee of property or developer with an option to purchase such property within the area proposed to be changed or affected by said amendment shall be submitted and reviewed according to the following:
(a) Discussion With Planning Commission. Prior to submitting an application for an amendment to the Zoning Map, the applicant may appear before the Planning Commission to informally discuss the proposed rezoning. However, no action shall be taken at such a meeting and no discussions, opinions, suggestions, or recommendations of the Planning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval by the Planning Commission.
(b) Application Guidance. Prior to the acceptance of an application, it shall be submitted to the Zoning Administrator for his or her review so as to ensure the fullest practical presentation of the facts for the permanent record.
(c) Information Required. Applications for amendments to the Zoning Map adopted as part of this Code shall contain at least the following information, unless otherwise instructed by the Planning Commission.
(1) The name, address, and phone number of the applicant and the property owner if other than the applicant;
(2) An accurately drawn description of the parcel(s) to be rezoned, surveyed, or reproduced from plat maps, with its area expressed in acres or square feet and the permanent parcel number noted;
(3) A detailed statement of the reason(s) for the proposed amendment;
(4) Existing and proposed zoning classifications;
(5) A vicinity map at a scale approved by the Zoning Administrator showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Administrator may require;
(6) The last known names and addresses of the owners of all properties lying within 500 feet of any part of the property on which the Zoning Map amendment is requested, as shown upon the records of Cuyahoga County;
(7) A detailed statement on the ways in which the proposed amendment relates to the Comprehensive Plan, and how the proposed amendment benefits the public health, safety, and welfare of the City;
(8) A detailed statement on the ways in which the proposed amendment will impact the economic welfare of the community in terms of requirements for public facilities such as police protection, fire protection, and schools;
(9) A traffic analysis showing projected traffic volumes to be generated by uses permitted in the existing and proposed zoning classifications; and
(10) The payment of the application fee as established by Council.
(d) Referral to Planning Commission. After the filing of an application by an owner, lessee of property, or developer with an option to purchase such property, the Zoning Administrator shall transmit the application to the Planning Commission for its consideration and recommendation.
(e) Review by Others. The application shall be thereafter transmitted to the City Planner and the City Engineer, or to such other officials or agencies which, in the opinion of the Planning Commission, should be given the opportunity for review and comment. The Zoning Administrator shall coordinate the review process and compile the review reports for presentation to the Planning Commission.
(f) Public Hearing and Notice by Planning Commission. The Planning Commission shall hold a public hearing on the proposed amendment. The Commission shall cause publication of notice to such hearing to be made, once, in a newspaper of general circulation, at least ten days prior to the date of the hearing. The published notice shall include the time and place of the public hearing, a summary of the proposed amendment, and a statement that opportunity to be heard will be afforded to any person interested. In addition, if the proposed amendment intends to rezone or redistrict ten or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Planning Commission, by first class mail, at least ten days prior to the date of the hearing, to all owners of property within 500 feet of the area proposed to be changed, using for this purpose the names and addresses of such owners as shown upon the records of Cuyahoga County or the list of property owners furnished by the applicant under subsection (c) hereof. Failure of delivery of such mailed notice shall not invalidate the proceedings.
(g) Recommendation by Planning Commission. The Planning Commission shall recommend one of the following: that the amendment be approved as requested; that the amendment be approved as modified by the Planning Commission as the Commission may deem reasonable or necessary; or that the amendment be denied. If no action has been taken by Planning Commission within thirty days from the public hearing, unless extended by the Planning Commission with written consent of the applicant, then the proposed amendment shall be deemed to have been denied by the Planning Commission. Such recommendation or nonaction within its allotted time period shall be certified to the Clerk of Council.
(h) Public Hearing and Notice by Council. Upon receipt of the recommendation from the Planning Commission, Council shall set a time for a public hearing on the proposed amendment. Notice of the public hearing shall be given by Council by at least one publication in one or more newspapers of general circulation in the City. Said notice shall be published at least thirty days before the date of the required hearing. The published notice shall include the time and place of the public hearing, a summary of the proposed amendment, and a statement that opportunity to be heard will be afforded to any person interested. During such thirty days, the text of the proposed ordinance or amendment, the maps or plans, if applicable, and the recommendations of the Planning Commission shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council.
(i) Notice to Property Owners by Council. If the proposed amendment intends to rezone or redistrict ten or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least thirty days before the day of the public hearing to all owners of property within 500 feet of such area proposed to be rezoned or redistricted to the names and addresses of owners as shown upon the records of Cuyahoga County, or the list of property owners furnished by the applicant under subsection (c) hereof. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (h) above. Failure of delivery of such mailed notices shall not invalidate the proceedings.
(j) Action by Council. After the public hearing required by subsection (h) hereof, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event Council adopts the recommendation of the Planning Commission, concurrence by a majority of the total members of Council shall be required. In the event Council elects to depart from the recommendation of the Planning Commission, concurrence by two-thirds of the total members of Council shall be required. If no action has been taken by Council within thirty days from the public hearing, the recommendation of the Planning Commission is confirmed unless that period of time is extended by Council with written consent of the applicant.
Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement, if such amendment to the proposal shall be germane to the subject matter thereof and is in accordance with the recommendation of the Commission. Council approval, with modification of the recommendation of the Commission, shall not be considered as overruling such Commission recommendation.
(Ord. 24-97. Passed 10-14-97.)