(a) Initiation by Petition. The petition for any proposed zoning change shall be directed to Council on forms prescribed for such purpose, accompanied by sufficient information, so as to assure the fullest presentation of facts for the permanent record. A plot plan and deed description of the property for which the change is requested shall also be filed together with a map showing all property and the names of record title owners thereof within a radius of five hundred (500) feet of the area, zone or district proposed to be changed. A fee to be determined by actual cost to the Village, for each parcel of land requested for rezoning shall accompany the petition to cover the cost of publishing, posting and/or mailing the notice of hearings. The request and deed description of the property to be rezoned shall then be referred as an ordinance to the Village Planning Commission for action thereon.
(b) Initiation by Resolution or Ordinance.
(1) If an amendment, supplement or change is initiated by action of the Planning Commission, said change, amendment or supplement shall be prepared in ordinance form for introduction in Council. Upon its introduction in Council, the Council shall set the same for public hearing and shall provide for the proper notice thereof, as provided by the Ohio Revised Code as amended.
(2) If the amendment is initiated by its introduction as an ordinance in Council, the ordinance shall forthwith be referred to the Village Planning Commission for action thereon.
(c) Consideration by Planning Commission. The Planning Commission shall consider the change, supplement or amendment referred to it and shall act upon the matter, within sixty (60) days from the date of referral unless a different period of time be provided by Council. If the Planning Commission shall fail to act within the time allotted, it shall be deemed to have approved such matter. Any provision or any resolution, ordinance or order disapproved by formal action of the Planning Commission shall require a two thirds (2/3) vote of all members of the Council for adoption or authorization.
(d) Date and Notice for Public Hearing. Upon receipt of a notice of an action from the Planning Commission regarding a proposed ordinance amending this Zoning Ordinance or the Zoning Map, or upon the introduction of such ordinance when initiated by the Planning Commission, Council shall establish a date for a public hearing of such ordinance. The date of such public hearing shall be not less than thirty (30) days after the date of the hearing is established. The Clerk of Council shall give notice of such public hearing as required by the Ohio Revised Code as amended and such additional notice as may be directed by the Council at the time the date of the public hearing is established. Any notice given shall set forth the time and place of public hearing and a summary of the proposed amendment. A copy of the proposed ordinance or amended zoning map and all reports in connection therewith shall be on file for public inspection in the office of the Clerk of Council.
(e) Procedure at Public Hearing. At the public hearing established by the Section, "Date and Notice for Public Hearing," of this section, any interested person shall be heard who desires to present reasons for or against the adoption of a proposed amendment, subject, however, to reasonable regulations of the Council or rulings from the presiding officer. Council, by motion, may recess from time to time the public hearing, but no further notice by mail or advertisement shall be given for the time or place of any subsequent recessed public hearing of such proposed amendment. Council need not take final action on such proposed amendment at the time of said public hearing.
(f) Action by Council. At any time after the conclusion of the public hearing required by this chapter, Council may adopt the proposed ordinance by the affirmative vote of at least a majority of the members of Council eligible to vote, provided the proposed ordinance was initiated by the Planning Commission or had received the prior approval by the Planning Commission. If the proposed ordinance or any part thereof has been disapproved by the Planning Commission it shall be adopted only if it receives the affirmative vote of two-thirds (2/3) of all members of Council eligible to vote.
(Ord. 462. Passed 6-7-71.)