1135.13 PUBLIC HEARING AND NOTICE BY CITY COUNCIL.
   Upon receipt of the recommendation from the Planning Commission, Council shall, within sixty (60) days, set a time for and conduct a public hearing on the proposed amendment. The Zoning Administrator shall collect a fee, pursuant to the City's adopted Fee Schedule/Ordinance which is available in the office of the Zoning Administrator, to offset the expense of advertising and notification required by Section 1135.13.
      (a)    Notice of the public hearing shall be given by Council according to the following:
            (1)    Notice of the required public hearing shall be published once a week and on the same day of each week for two (2) consecutive weeks in a newspaper determined by Council to be of general circulation within the City.
          (2)    If such adoption or amendment intends to rezone or redistrict twenty (20) or less parcels of land as listed on the current tax list and duplicate, then written notice of the time and place of the hearing shall be mailed by the Clerk of Council by first class regular mail or in accordance with the Ohio Revised Code at least twenty (20) days prior to the date of the public hearing, to the owners of property within, abutting on and directly across the street from the parcel or parcels to be rezoned or redistricted and, in addition, to the owners of property which is contiguous to any of the aforesaid property which abuts on or is directly across the street from the parcel or parcels to be rezoned or redistricted, to the addresses of such owners as such addresses appear on the County Auditor's then current tax list or the County Treasurer's mailing list. The failure to substantially comply with the foregoing public hearing and notice requirements shall invalidate any ordinance, map or regulation, which may be adopted. However, if no contest by litigation shall be filed raising the failure to comply with the foregoing public hearing and notice requirements within thirty (30) days following the effective date of such ordinance, map or regulation, then such ordinance, map or regulation shall be valid if there has been full compliance with the foregoing requirements of public hearing and notice. Until the completion of such thirty (30) day period, the Clerk of Council shall retain for public inspection all certificates of mailing which pertain to such ordinance, map or regulation. Failure of delivery of the mail notice shall not invalidate any ordinance, map or regulation which may be adopted.
            (3)    All notices, whether mailed or published, shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that the opportunity to be heard will be afforded to any person interested.
      (b)    At a public hearing, any interested person who desires to present reasons for or against the adoption of a proposed amendment shall be heard, subject to reasonable regulations of Council or rulings of the presiding officer. Council, by motion, may recess the public hearing from time to time, or adjourn such hearing to a specified time and place, but no further notice by mail or advertisement need be given. Council need not take final action on such proposed amendment on the day of such public hearing.
      (c)    During the twenty (20) days prior to the public hearing, the text of the proposed amendment, maps or plans, if applicable, and the recommendation 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.
      (Ord. 104-21. Passed 12-20-21.)