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CHAPTER 1177
Amendments
1177.001   Generally.
1177.01   Right of petition - referral to Planning Commission.
1177.02   Contents of application.
1177.03   Reviews by officials and agencies.
1177.04   Council action on recommendation.
1177.05   Scheduling public hearing by Council.
1177.06   Notice to report owners.
1177.07   Amendment limitation.
1177.08   Annexation.
1177.09   Fees.
1177.001 GENERALLY.
   The Council may amend, supplement, change or repeal this Zoning Ordinance in the manner prescribed by Section 713.10 of the ORC after receiving the recommendation from the Planning Commission.
(Ord. 13-12. Passed 8-9-12.)
1177.01 RIGHT OF PETITION - REFERRAL TO PLANNING COMMISSION.
   A proposed amendment, supplement, change or repeal may be originated by the Council, the Planning Commission or the owner of the effected property. All such proposals except those originating with the Planning Commission shall be referred to that Board for a recommendation thereon. Proposals originating by Council shall be referred to the Planning Commission by resolution stating the date, not less than sixty days from the next regularly scheduled meeting of the Planning Commission, as to when the Planning Commission recommendation is required. Upon its request, the Planning Commission shall be granted a thirty day extension by which its recommendation shall be due. At its discretion, Council May, upon satisfactory petition by the Planning Commission, grant a further extension. The Council shall take no final action on any amendment, supplement, change or repeal until it has received and studied the recommendation of the Planning Commission; provided, however, if the Planning Commission shall fail to forward its recommendation on any Council initiated proposal within the time specified by the resolution proposing the same, then Council may act thereon as though it had received a negative recommendation from the Planning Commission.
   The Planning Commission shall study the proposed amendment, supplement, change or repeal. If the Planning Commission decides the proposal has merit it shall hold a public hearing thereon. At least ten (10) days notice of the time and place of such hearing shall be mailed to the petitioner, and all property owners within three (300) hundred feet of the property included in petitions for rezoning. Public notices of hearings on proposed amendments to the Zoning Ordinance shall be posted in five (5) public places as determined by Council. The Planning Commission shall make a report of its findings and a recommendation to the Council.
(Ord. 13-12. Passed 8-9-12.)
1177.02 CONTENTS OF APPLICATION.
   Applications for amendments to the Official Zoning Map adopted as part of this Zoning Ordinance by Section 1149.02 shall contain at least the following information:
   (a)   Name, address and phone number of applicant;
   (b)   Proposed amending Ordinance, approved as to form by the City Legal Advisor;
   (c)   Present use;
   (d)   Present zoning district;
   (e)   Proposed use;
   (f)   Proposed zoning district;
   (g)   A vicinity map at a scale approved by the Zoning Inspector showing property lines, thoroughfares, existing and proposed zoning and such other items as the Zoning Inspector may require;
   (h)   A list of all property owners, and their mailing addresses, who are within three hundred (300) feet of the property proposed to be rezoned and others that may have a substantial interest in the case, except that addresses need not be included where more than ten (10) parcels are to be rezoned;
   (i)   A statement on how the proposed amendment relates to the Comprehensive Plan; (See Official Zoning Map in Zoning Inspector's office).
   (j)   A fee as established by Council (See Section 1169.13).
      (Ord. 13-12. Passed 8-9-12.)
1177.03 REVIEWS BY OFFICIALS AND AGENCIES.
   Prior to acceptance, the Planning Commission may request and review recommendations for each proposed amendment from the Tuscarawas County Regional Planning Commission, City Law Director, and other city officials, agencies and adjacent local governments to ascertain the nature of highway plans, drainage and flooding problems, utility plans and other factors relevant to the proposal. (Ord. 13-12. Passed 8-9-12.)
1177.04 COUNCIL ACTION ON RECOMMENDATION.
   (a)   When the Council receives an adverse recommendation on a proposed amendment, supplement, change or repeal it may concur with the Planning Commission and, by a motion of Council stop further action, or if the Council does not agree with the recommendation of the Planning Commission, it shall hold a public hearing prior to taking final action on the Ordinance related to the proposed amendment, supplement, change or repeal.
   (b)   When the Council receives an affirmative recommendation from the Planning Commission on a proposed amendment the Council shall hold a public hearing thereon. When such hearing is held, notice shall be given as prescribed by the ORC, for an Ordinance changing the Zoning Ordinance. In addition to such notice the Zoning Inspector shall, upon notification by the Clerk, place upon the involved premises in a prominent position a printed sign bearing the words "rezoning pending from … classification to … classification" and the time, date and place of hearing. Said sign shall be located within ten (10) feet of the right-of-way of a public road or street. The sign shall be placed on the property at three hundred (300) foot intervals. One sign shall suffice for lesser distances. The size of the letters on the sign shall be a minimum of two and one-half inches in height. Such sign shall be posted ten (10) days before the date of the hearing. The Council may adopt such amendment, supplement, change or repeal without further reference to the Planning Commission. If the Planning Commission recommended disapproval of the change, however, such amendment shall not be passed except by an affirmative vote of four (4) Council members.
   (c)   Whenever a written protest against a proposed amendment, supplement, change or repeal is presented duly signed by the owners of twenty percent (20%) or more of the frontage of the block proposed to be altered, or by the owners of twenty percent (20%) or more of the frontage of the block immediately in the rear thereof, or by the owners of twenty percent (20%) of the frontage of the block directly opposite the frontage proposed to be altered, such amendment shall not be passed except by a concurring vote of four (4) Council members.
(Ord. 13-12. Passed 8-9-12.)
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