(a) Council, either upon petition of a property owner, upon recommendation of the Planning Commission or upon its own initiative, may amend or change the number, shape, area or regulations of or within any zone or district, but no such amendment or change shall become effective unless the proposed amendment or change is first submitted to or considered by the Planning Commission for its approval, disapproval or recommendation. The Commission shall be allowed a reasonable time, to be not less than sixty days after referral or submittal, for consideration and report.
(b) A petition by a property owner for a zoning amendment shall be filed with the Clerk of Council on forms provided by the Clerk and shall include:
(1) The zoning district applicable to the property on the date the petition is filed and the zoning district which the petitioner requests;
(2) The proposed use of the property;
(3) A statement of the petitioner setting forth the reason(s) that the change in zoning requested is necessary for the preservation and enjoyment of a substantial property right; and
(4) A statement of the petitioner setting forth the reason(s) that the change in zoning requested will not be materially detrimental to the public welfare nor to the property of other persons located in the vicinity.
(c) A petition for rezoning shall be accompanied by the following:
(1) A completed property description on a form provided by the Clerk of Council, which shall include permanent parcel number(s), acreage, address and such other information regarding the property which is the subject of the petition as requested on the form;
(2) A legal description and a map or plat of the property which is the subject of the petition prepared by a registered surveyor;
(3) Evidence of ownership of the property which is the subject of the petition;
(4) A certified list of the property owners of record, and their mailing addresses in all directions from the subject property for a distance of 500 feet, prepared by a title insurance company as defined in Ohio R.C. 3953.01(C) dated no more than fifteen days prior to filing of the petition with the Clerk of Council;
(5) Such other documentation or evidence supporting the petitioner’s reasons for the requested rezoning which the petitioner desires the Council and the Planning Commission to consider; and
(6) A non-refundable fee in the sum of one hundred dollars ($100.00) plus an amount equal to the current cost of regular mail postage times the number of owners on the certified list filed with the petition plus an amount equal to the Clerk’s estimate of the cost of publication as required by Section 1244.03.
(d) Copies of the petition and the accompanying documentation shall be filed in sufficient number to provide each member of the Planning Commission and the Council and each official and employee of the City reviewing the petition with a copy.
(Ord. 1998-46. Passed 7-27-98.)