(a) By completion of an application form and payment of a fee, official municipal review of a proposed change or changes in the zoning text or map may be initiated by a landowner or landowner's agent. The application form is available from the Zoning Administrator, and the fee amount is established per Section 1244.09. A proposal for change may also be initiated by the City Council, Planning Commission or staff using the same application form, but without fee. Upon receipt of the application, the City planner or engineer shall request the City Law Director to prepare an ordinance, and, if applicable, the City Engineer shall prepare a revised zoning map, to implement the proposed amendment or addition to the Zoning Code. See Ohio R.C. 713.10.
(b) The proposed ordinance, map, staff comments and any other pertinent documentation shall be promptly submitted to the Planning Commission for review, giving the Commission a reasonable time, not less than 30 days, to review the proposal and report its recommendation to the City Council. See Ohio R.C. 713.10.
(c) Following Planning Commission review, modification and action on the proposed legislation, the Chairperson of the Commission shall execute and deliver a transmittal letter to the Clerk of Council. A copy of the final version of the proposed legislation, along with all other pertinent documents and drawings from the Planning Commission's file, shall be enclosed. The letter shall plainly state whether the Planning Commission recommends that the Council approve or disapprove the proposed change. See Ohio R.C. 713.12.
(d) Upon receipt of a Planning Commission recommendation for Council action, the Council may hold one or more public information meetings regarding the recommendation. The public information meetings may be advertised or publicized in any manner as directed by the Council, and written notices of such meetings shall be sent to all owners of parcels proposed to be rezoned not less than 7 days in advance.
(e) Following any public information meetings, the Council shall hold a public bearing on the proposed legislation. The public hearing shall be scheduled for a date not less than 30 days following publication of the required advertisement. See Ohio R.C. 713.12.
(f) Notice of the time and place of the public hearing shall be advertised in at least one newspaper of general circulation in the City on at least 1 occasion. If the recommendation impacts a large or prominent area of the City, the Council may direct that news releases be sent to one or more of the daily newspapers in Middletown, Dayton and/or Cincinnati. See Ohio R.C. 713.12.
(g) (1) If the proposed zoning legislation rezones 10 or fewer parcels of land, written notice of the hearing shall be mailed to all property owners of these parcels and all owners of properties located within 200 feet of such parcels.
(2) If the proposed legislation rezones more than 10 but less than 50 parcels, written notice of the hearing shall be sent to all owners of these parcels, and a news release shall be sent to a newspaper of general circulation in the City.
(3) If the proposed legislation rezones more than 50 parcels, written notice shall be mailed to all property owners of these parcels, and a news release shall be sent to a newspaper of general circulation in the City and to one or more of the daily newspapers in Middletown, Dayton and/or Cincinnati.
(h) (1) All notices to property owners regarding the public hearing shall be mailed at least 20 days before the date of the hearing. Parcels and addresses shall be determined by reference to County records. Additionally, the City shall, at least 7 days before the date of the hearing, post a sign, which shall be approximately but no larger than 18 inches by 24 inches in size, which states
"This property is subject to a zoning hearing. For more information contact 513-988-6304."
(2) News releases shall be mailed in time for publication before the date of the hearing. No rezoning procedure shall be invalidated by failure of the City to comply with requirements for mailing of notices or news releases, or for failure of the media to timely publish the content of news releases. See Ohio R.C. 713.12.
(i) From and after the date of the appearance of the notice by newspaper advertisement and until the hearing, the Clerk of Council shall keep on file a complete copy of the transmittal from the Planning Commission to the Council for public examination and copying. See Ohio R.C. 713.12.
(j) At the public hearing the Council shall provide a fair and adequate opportunity for proponents and opponents to be heard. Within a reasonable time after the public hearing, the Council shall vote to approve or disapprove of the proposed change. If the legislation considered by the Council in any way violates, differs from or departs from the recommendation of the Planning Commission, its adoption requires the affirmative vote of at least 5 members of Council. Approval by a majority of a quorum shall be sufficient to adopt legislation that conforms to the Planning Commission's recommendation. Abstentions shall not be counted with the majority for the purpose of determining passage of zoning legislation.
(k) Zoning legislation may be adopted by regular action, unless specifically permitted by the Trenton Charter as an emergency measure.
(l) Upon the adoption of legislation changing the Official Zoning Map, the Clerk of Council shall forward a copy to the City Engineer. The change(s) shall be promptly entered on the map with a notation indicating the ordinance number and date of adoption. The City Engineer shall promptly forward a copy of the amended map to the City Zoning Inspector. All legislation amending the Zoning Code shall be listed within the appropriate section of the Codified Ordinances.
(Ord. 16-2003. Passed 5-1-03; Ord. 14-2006. Passed 6-1-06; Ord. 15-2006. Passed 6-1-06.)