(a) Initiation. The provisions of this Zoning Ordinance and the Official Zoning District Map may, from time to time, be amended by City Council by ordinance. Such amendment may be initiated by one of the following procedures:
(1) By filing an application with the Clerk of Council on a form provided and signed by the property owner of the land seeking the amendment or by any interested person seeking an amendment to the district regulations of this Ordinance. Such application shall be accompanied by a fee as required in Section 1149.04, “Permit and Certificate Filing Fees”;
(2) By motion of City Council directed to the Planning Commission and requesting a recommendation concerning an amendment to the text or a change to the Official Zoning District Map of this Ordinance of a zoning district or overlay zoning district for any parcel of land within the City;
(3) By motion of the Planning Commission directed to City Council recommending an amendment to the text of this Zoning Ordinance or a change to the Official Zoning District Map of a zoning district or overlay district of any parcel of land.
(b) Amendment Procedure.
(1) Upon receipt of an application to amend the City Zoning Ordinance or the adoption of a motion by City Council to amend it, the application or motion shall be referred to the Planning Commission. The Planning Commission shall consider the application or motion at its next regular meeting or at a special meeting called for this purpose.
(2) Upon review and consideration of the proposed amendment the Planning Commission shall make a report to City Council. The report shall:
A. Recommend that the rezoning to the map or amendment to the text be adopted in accordance with the application or council motion; or
B. Recommend that the rezoning to the map or amendment to the text be adopted in a form modified by the Planning Commission from the application or motion originally submitted to the Planning Commission; or
C. Recommend that the application for the rezoning to the map or amendment to the text be denied.
(3) Such recommendation shall be returned to City Council no later than Council’s second regular meeting after submission of the application to the Planning Commission. The failure of the Planning Commission to make a recommendation in the time provided herein shall be deemed to be a recommendation in favor of the rezone or amendment application.
(c) Public Hearing. Upon receipt of a recommendation on an amendment from the Planning Commission, or an amendment initiated by the Planning Commission, City Council shall set a public hearing date which shall be held no earlier than thirty (30) days after notice of the hearing has been given by one (1) publication in a newspaper of general circulation within the City. Such hearing may be held at either a regular or special City Council meeting.
(d) Notice to Property Owners. In the event a proposed amendment involves no more than ten (10) parcels of land, as listed on the Richland County Auditor’s current tax duplicate, the Clerk of Council shall also give notice of the time and place of the public hearing by first class mail at least twenty (20) days before such hearing to all owners of property within, contiguous to, and directly across the street from the parcel or parcels involved. The notice shall be mailed to the address listed on the current Richland County Auditor’s tax duplicate. The failure of delivery of such notice shall not invalidate any subsequent action with respect to the proposed amendment. During the thirty (30) day period specified above, the ordinance containing the proposed amendment along with the application and any map and the report of the Planning Commission along with any other documents related thereto shall be on file in the office of the Clerk-Treasurer for public inspection.
(e) Posting Sign on Premises. In a rezone of ten (10) or less properties, thirty (30) days prior to a public hearing on the rezone, the zoning inspector shall place upon the property which is subject to the rezone a sign of three (3) square feet, which shall read as follows:
REZONE
PROPOSED FOR
THIS PROPERTY
FOR MORE
INFORMATION
CALL
419-529-2530
This sign shall be removed by the zoning inspector immediately after public hearing on the rezone by City Council.
(f) Upon inquiry by any person, the zoning inspector shall advise of the nature of the rezone, the date of the public hearing and such other relevant information as may be available.
(g) Council Action. The proposed amendment shall be placed before City Council in the form of an amendment to this Zoning Ordinance and may be voted upon at the same meeting at which the public hearing is held or at a subsequent regular or special meeting. Any amendment which differs in any respect from the recommendation of the Planning Commission may be adopted by only a three-fourths vote of City Council. Any amendment which is in all respects in accordance with the recommendations of the Planning Commission may be adopted by a majority vote of City Council. All amendments shall go into effect in thirty (30) days of adoption unless the ordinance adopting the same is declared to be an emergency measure, in which case the amendment shall go into immediate effect.
(Ord. 01-50. Passed 12-6-01; Ord. 04-14. Passed 2-19-04.)