CHAPTER 1109
Amendments
1109.01   Amendments to Zoning Ordinance.
1109.02   Initiation of amendments.
1109.03   Contents of application for amendment to Zoning Ordinance.
1109.04   Mandatory referral to Planning Commission for recommendation.
1109.05   Public hearing by Council.
1109.06   Action by Council.
1109.07   Effective date.
1109.08   Annexation.
1109.09   Amendments to definitions.
CROSS REFERENCES
      Procedures for amendments - see CHTR. 4.11
      Emergency resolutions and ordinances - see CHTR. 4.14
      Council may amend districts or zoning - see Ohio R.C. 713.10
   1109.01 AMENDMENTS TO ZONING ORDINANCE.
   City Council may amend by ordinance the number and shape of districts on the Zoning Maps or the regulations in this Zoning Ordinance.
(Ord. 1989-51. Passed 8-28-89.)
   1109.02 INITIATION OF AMENDMENTS.
   Amendments to the Zoning Ordinance may be initiated by:
   (a)    Motion of the Planning and Zoning Commission; or
   (b)    Adoption of a resolution by Council and certification to the Planning and Zoning Commission; or
(Ord. 1989-51. Passed 8-28-89.)
   (c)    Filing of an application with the Zoning Inspector or Department of Planning and Zoning by one or more owners of property within the area proposed to be changed or affected by the proposed amendment to the Zoning Ordinance.  However, no such application is to be accepted by the Zoning Inspector or Department of Planning and Zoning from any person requesting rezoning to any residential classification in any zoning district within this City, for the period from February 29, 2003, through November 29, 2004.
      (Ord. 2004-12.  Passed 1-26-04.)
   1109.03  CONTENTS OF APPLICATION FOR AMENDMENT TO ZONING ORDINANCE.
   (a)    Application for amendment to the Zoning Ordinance pursuant to Section 1109.02(c) shall first be submitted to the Zoning Inspector for determination of compliance with Section 1109.03 and application shall be submitted on forms made available by the Zoning Inspector and shall include the following:
      (1)   Evidence that the proposed amendment would materialize in an equal or better zoning ordinance than that existing.
      (2)   A statement of the proposed text change in the regulation set forth in this Zoning Ordinance.
      (3)   A map of the proposed zoning district and geographic boundaries.
      (4)   If application is initiated under Section 1109.02(c), a fee as specified by Section 1107.08 shall be deposited with Zoning Inspector.
      (5)   Evidence that the existing Zoning Ordinance is unreasonable with respect to the particular property, and that it deprives the property owner of his lawful and reasonable use of the land.  For the purposes of the Zoning Ordinance a limitation upon the financial gain from the land in question shall not constitute unreasonable zoning.
      (6)   A list of all current property owners within, contiguous to and directly across the street and property within 500 feet from the parcel(s) proposed to be rezoned as well as the addresses of those owners.
      (7)   A statement on how the proposed amendment relates to Streetsboro policies plan for development.
   Applications to amend parts of this Zoning Ordinance other than the Zoning District Map, shall include at least items (1), (2) and (7). 
(Ord. 1989-51.  Passed 8-28-89.)
   (b)   Once an application is complete, including the payment of fees, the Zoning Inspector shall transmit the following to the Clerk of the City Planning Commission for placement on the agenda:
      (1)   A copy of the completed application; and
      (2)   A statement certifying the actual number of single family and multi- family units in the City, and the ratio derived from comparing single family units to multi-family units.  All units that have received the requisite approval from the City shall be included even though not actually constructed.  (Ord. 1994-74.  Passed 7-25-94.)
   (c)   Within three days after the Zoning Inspector receives a satisfactorily completed application for a change in the zoning map, the Zoning Inspector shall transmit the application to the Service Director.  Within five days of receiving the application, the Service Director shall post a sign on the property stating that the property is under consideration for rezoning and to contact City Hall.  The sign shall be 4 feet X 6 feet and shall state the current zoning and the proposed zoning.  The sign shall be setback on the proposed property according to the Sign Ordinance, but shall be placed where it is clearly visible to any passersby.  The sign shall remain on the site until the application has been properly disposed of by the Planning Commission and Council.  Failure to meet the timelines, failure to post or failure to maintain the sign on the property shall not invalidate any action taken on the application by the Planning Commission or Council. 
(Ord. 1997-110.  Passed 8-25-97.)
   1109.04 MANDATORY REFERRAL TO PLANNING COMMISSION FOR RECOMMENDATION.
   No Zoning Ordinance amendment shall become effective unless the following has occurred:
   (a)   All amendment applications have been reviewed by the Planning Commission pursuant to Section 14.03 and 14.04 of the Streetsboro City Charter.
   (b)   The Planning Commission shall have no less than thirty days nor more than sixty days from the date of referral of any amendment application to submit a written recommendation and report to Council approving, approving with modification, or disapproving the amendment requested.  The report shall address whether the current zoning satisfies the applicable constitutional requirements, setting forth the facts and circumstances that support the recommendation.  If the Planning Commission finds that the current zoning does not satisfy the applicable constitutional requirements, the report shall recommend an amendment to the current zoning (which amendment may differ from the amendment requested) that would satisfy such requirements.
      (Ord. 2003-79.  Passed 5-19-03.)
   (c)   If the Planning Commission shall fail to act within the allotted time, Council may act thereon as if it had received a recommendation of approval in such matters. 
      (Ord. 1989-51.  Passed 8-28-89.)
   1109.05  PUBLIC HEARING BY COUNCIL.
   Before any amendment may be passed, Council shall hold a public hearing, within sixty days from date of receipt of recommendation from the Planning Commission.  Such hearing shall be publicized as follows:
   (a)   Written notice shall be placed in a newspaper of general circulation in Streetsboro at least thirty days prior to the date of the public hearing, stating the time, place of hearing and general nature of the amendment(s) proposed and that copies of the proposed amendment(s) and Zoning Ordinance shall be on file for public examination in the office of the Clerk of Council.
      (Ord. 2006-191.  Passed 12-29-06.)
   (b)   If the ordinance, measure, or regulation is intended to rezone or redistrict any parcel(s) of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least twenty days before the date of the public hearing to the owners of the property within and contiguous to and directly across the street from such owners appearing on the County Auditor’s current tax list or lists that may be specified by Council.
      (Ord. 2012-57.  Passed 4-30-12.)
   (c)   The failure of mail delivery of such notice shall not invalidate any such amendment. 
(Ord. 2006-191.  Passed 12-29-06.)
   1109.06  ACTION BY COUNCIL.
   (a)   When the Planning and Zoning Commission makes a recommendation to Council for a change in, or addition to, any Zoning Ordinance or Building Code, Council shall study each such recommendation and take action within 120 days by placing on its first reading an ordinance properly covering such recommendations.  Final action by Council on such ordinance shall be taken by placing such ordinance on its third and final reading no later than 120 days after its first reading.
   (b)   No resolution, ordinance, regulation, measure or order of Council which violates, differs from or departs from the plan or recommendation submitted by the Planning Commission, shall take effect unless enacted or approved by at least two-thirds of Council.
   (c)   No action of Council may enact, amend or repeal any zoning or building resolution or ordinance as an emergency measure in conformance with Section4.14 of the Streetsboro Charter and subsequent amendments thereto.
   (d)   Any ordinance approved by Council that would amend the City of Streetsboro’s zoning map by changing the zoning classification of one district classification, or part of one district classification to another, or that would amend the City of Streetsboro’s zoning regulations by changing any of the density regulations, shall be placed on the ballot at the next primary or general election to be voted upon by the Electorate.  No ordinance amending the City of Streetsboro’s zoning map shall become effective unless approved by a majority of the Electorate voting thereon and a majority of the Electorate in each precinct in which the change is applicable.  No ordinance amending the City of Streetsboro’s zoning regulations by changing density regulations shall become effective unless approved by a majority of the Electorate voting thereon. 
(Ord. 2007-56.  Passed 4-23-07.)
   1109.07 EFFECTIVE DATE.
   Such amendment adopted by Council shall take effect thirty days after the date of the last reading by Council. 
(Ord. 1989-51.  Passed 8-28-89.)
   1109.08  ANNEXATION.
   Any land annexed to the City subsequent to the adoption of this Zoning Ordinance shall remain subject to the previous township zoning district until such time as the official Zoning District Map is amended according to procedures specified in this chapter.
(Ord. 1989-51.  Passed 8-28-89.)
   1109.09  AMENDMENTS TO DEFINITIONS.
   Whenever an amendment is made to the text of the Zoning Ordinance, the appropriate definitions pertinent to such amendment shall be included in Chapter 1103.
(Ord. 1989-51.  passed 8-28-89.)