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(a) Authority. All provisions of current laws of the State of Ohio pertaining to municipal corporations shall be complied with. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Council may by ordinance, after report thereon by the Commission and subject to the procedures provided in this section, amend, supplement or change the regulations, district boundaries, or classification of property, now or hereafter established by this zoning code, amend the text of the zoning code, or amend the zoning map.
(b) Initiation. Amendments or supplements to the zoning code may be initiated as follows:
(1) By motion of the Commission.
(2) By motion of a majority of the members of the full Council and certification of same to the Commission.
(3) By the filing of an application by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Commission.
(c) Application. Applications initiated by owners or lessees for any change of district boundaries or reclassification of districts as shown on the zoning map shall be filed with the Commission upon forms prescribed by the Commission and accompanied by such data and information prescribed for that purpose by the Commission. Written application shall be made to the Commission, or its authorized agent. Accurate information shall be supplied by the applicant with regard to the size and location of the lot, the size and location of buildings and structures proposed and existing on the lot, the dimensions of all yards and open spaces, and other information necessary for the enforcement of the zoning code.
(d) Fees. A fee as established by Council shall be paid to the Village upon the filing of each application for change of district classification, except actions initiated by the Commission or the Council.
(e) Action by the Commission.
(1) Upon receipt of the application, upon motion of the Council, or upon their own motion, the Commission shall have forty-five days to act on the motion or application. Such action shall be taken at a duly called public meeting of the Commission that is open to the public. At such meeting, a majority of the full Commission shall determine what recommendation should be made to the Council. The Commission shall study the proposed change in the terms of the public necessity, public convenience, general welfare, and good zoning practice. If no majority of the Commission can be obtained, then the recommendation will be deemed as opposed to the application or motion.
(2) The Commission shall keep minutes of its proceedings showing the vote of each question and shall keep records of its examinations and other official action, all of which shall be filed in the office of the Zoning Clerk and shall be a public record.
(f) Commission Recommendation to Council. The Commission shall, within ten days after determining its recommendation, recommend the approval or denial of the proposed amendment or supplement, or the approval of some modification thereof in writing to the Fiscal Officer.
(g) Public Hearing by Council. Within seven days of the receipt of the recommendation of the Commission, the Fiscal Officer shall set forth the requested zoning amendment in ordinance form, and schedule a public hearing. At this public hearing, the ordinance representing the requested zoning amendment shall be introduced and given its first formal reading.
(1) The Fiscal Officer shall give at least thirty days notice of the time and place thereof in a newspaper of general circulation in the municipal corporation. Posting as provided in Ohio R.C. 731.25 is allowed in lieu of a published notice.
(2) If the ordinance intends to re-zone or re-district ten or fewer parcels of land, as listed on the tax duplicate, the Fiscal Officer shall mail notice of the hearing date, by first class mail at least twenty days before the date of the public hearing, to the owners of property within and contiguous to, and directly across the street from such parcel(s), to the address(es) of such owner(s) appearing on the Ottawa County Auditor's current tax list or the Ottawa County Treasurer's mailing list. The applicant will be required to submit the names and address(es) of the owner(s) and the failure of the applicant to submit a complete and accurate list may invalidate any action taken by the Council on the application. Failure of delivery of such notice shall not invalidate any such ordinance.
(i) Records. During such thirty days, as set forth in subsection (h) hereof, a copy of the text of such ordinance, together with the maps, plans, and reports forming part of or referred to in such ordinance (including the information contained in the recommendation of the Commission), shall be on file, for public examination, in the office of the Fiscal Officer.
(j) Action by Council. The Council shall either adopt or deny the ordinance, or adopt some modification thereof within sixty-five days of the first reading of the ordinance or any modification thereto. In the event the Council modifies the recommendation of the Commission, an affirmative vote of at least three-fourths of the full Council shall be required to enact such modification. The affirmative vote of at least a majority of the full Council shall be required to adopt any recommendation of the Commission. Any recommendation that does not receive at least an affirmative majority vote of the full Council, or at least three-fourths affirmative vote of the full Council in the case of a modification, shall be deemed denied and rendered ineffective. No such ordinance shall be passed unless it has been read on three different days except that such ordinance may become emergency legislation if the Council votes to dispense with this rule.
(k) Effective Date and Referendum. Such amendment adopted by Council shall become effective thirty days after the date of such adoption by passage of the ordinance unless there is presented to the Fiscal Officer a petition, signed by a number of qualified voters residing in the Village equal to not less that ten percent of the total vote cast in the Village at the last preceding general election at which a governor was elected, requesting the Council to submit the zoning ordinance to the electors of the Village for approval or rejection at the next general election. No amendment for which such referendum vote has been conducted shall be put into effect unless a majority of the citizens voting cast their vote in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the votes, it shall take immediate effect.
(Ord. 755-99, passed 11-13-99; Ord. 1010-11. Passed 4-11-11.)