(a) Hearing Date.
(1) Upon receipt of an application, if applicable, a hearing date shall be set before the Planning commission, not later than 60 days following receipt of the application but not less than 40 days after receipt of the application, so as to provide for publication of notice as required by Ohio R. C. 713.12. As set out in subsection (e), below, the Planning Commission shall make a recommendation to the Village Council no later than 30 days after the initial public hearing, prior to hearing and action upon the application by Council.
(2) If Planning Commission review is not applicable pursuant to Sections 1113.12, 1113.13 or the like, the application shall be processed and reviewed by applicable departments and officers as needed. Tentative first reading and second reading (public hearing) dates shall be scheduled before village Council. If applicable, the application shall be routed to the Architectural Board of Review for hearing and recommendation. An application shall not be set for public hearing by Council until a recommendation from the Architectural Board of Review has been issued.
(3) Upon receipt of such recommendation, notice and/or publication shall be made in accordance with Ohio R.C. 713.12.
(b) Notification of Solicitor. Upon receipt of the application, the Mayor, or his designee shall notify the Solicitor of the filing of the application and request for preparation of an Ordinance effecting the proposed change. Said Ordinance shall be prepared for public examination during the 30 day period required after notice is given under Ohio R.C. 713.12.
(c) Notice of Combined Public Hearing.
(1) A notice setting forth the time and place of the public hearing and a summary of the proposed change or amendment shall be given by the Village Council by publication in one or more newspapers of general circulation in the village once a week for two consecutive weeks, at least 30 days before the date of each scheduled hearing.
(2) If a proposed change or amendment tends to effect (rezone) or (re-district) 10 or less parcels of land as listed on the tax duplicate, written notice of the public hearing shall be mailed by the Clerk of the village of Shawnee Hills by first class mail at least 20 days before the date of the public hearing to all owners of property within, contiguous to and directly across the street from the area effected by the proposed change or amendment. Such notice is to be mailed to t he address of such owners appearing on the Delaware County Treasurer’s current Tax mailing list.
(d) Public Examination. During such 30 day period as provided for in the published notice, the text or copy of the text of such ordinance, application, measure or regulation, together with maps or plans, or copies thereof, forming part of or referred to in such ordinance, application, measure, or regulation, and maps, plans, and reports submitted by the Mayor, Planning Commission, or Mayor's designee, shall be on file for public examination, in the Office of the Clerk or in such other office as designated by Council.
(e) Action by Planning Commission. After the combined public hearing, the Planning Commission shall act on a proposed change or amendment.
(1) Consideration. The Planning Commission shall consider the approval, denial, or modification of the proposed change or amendment as such proposal in the Commission's judgment advances the general health, safety, and welfare of the public by encouraging appropriate use and development of land effected and the comprehensive overall development of the surrounding area.
(2) Recommendations. Within 30 days after the public hearing, the Planning Commission shall submit to the Village Council, a recommendation of approval, denial, or some modification of the proposed change or amendment including a statement of reasons for such a recommendation, together with such application, the text and map pertaining thereto.
(f) Action by Council.
(1) Upon receipt of such recommendation concerning proposed change or amendment the Village Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof.
(2) No such ordinance, measure, or regulation which violates, differs from, or departs from the plan or report submitted by the Planning Commission shall take effect unless passed or approved by not less than three fourths of the membership of Council. No ordinance, measure, or regulation which is in accordance with the recommendation, plan, or report submitted by the Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to Council.
(Ord. 363. Passed 6-22-81; Ord. 27-2006. Passed 10-9-06.)