(A) Initiation. The provisions of this Zoning Code may be amended, supplemented, changed, or repealed to meet changing conditions or to better meet good zoning practices. Amendments may be initiated in one of three ways:
(1) By adoption of a motion by Planning Commission;
(2) By adoption of a resolution by Village Council; or
(3) By filing of an application by one or more property owners, lessees, persons with an interest in the property, or any duly authorized agent of such owners, lessees, or persons, of property within the area proposed to be changed or affected by amendments of provisions of this chapter.
(B) Application procedure.
(1) Application to be made. Written application for amendment of this chapter, including all supporting materials, initiated by property owners or lessees or persons with an interest in the property or duly authorized agents of such owners or lessees or persons shall be submitted to the Planning Commission. (See division (D)(1) of this section.) This process is separate from the requirements of Planned Districts, § 153.174.
(2) Application fee. A fee as stipulated in § 153.045 shall be paid by the applicant to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.
(3) Application contents. The application for amendment shall contain as a minimum:
(a) Name, address, and phone number of the applicants and representatives, if any, and the signature of the property owners;
(b) A current and accurate legal description of the properties in question and a current survey prepared by a licensed surveyor;
(c) The proposed amendment to the Zoning Code, the proposed use and the proposed zoning district of the properties;
(d) The present use and present zoning district of the properties;
(e) A list of all property owners within, contiguous to, and directly across the street from the properties in question. The list of addresses may correspond to the County Auditor’s current tax list;
(f) A statement of the relationship of proposed change or amendment to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request to re-zone;
(g) A plot plan to show:
1. Boundaries and dimensions of the lot and the size and location of all proposed and existing structures;
2. The proposed use of all parts of the lot and structures;
3. Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use; and
4. Such additional information as may be required by this Zoning Code and/or requested by the Board and/or Director of Inspection and Engineering to review the application.
(h) Any deed restrictions, easements, covenants, and encumbrances to be used to control the use, development, and maintenance of land, and proposed uses, shall be fully denoted by text and map; and
(i) At the discretion of the Planning Commission, and an engineer’s estimate of utility needs of the proposed use of the area being considered for rezoning, to include sewer, water, and refuse demand may be required. In addition, an engineer’s estimate of potential traffic generation for the proposed uses and measures proposed by the applicant to mitigate the impacts resulting from the generation may be required by the Board.
(C) Criteria for review. The Planning Commission shall, at the minimum, consider the following factors in the review of the application:
(1) Compatibility of the proposed amendment to adjacent land use, adjacent zoning, and to appropriate plans for the area;
(2) Relationship of the proposed amendment to access and traffic flow and utility services including sanitary sewer, water, and storm drainage;
(3) Relationship of the proposed amendment to the public health, safety, convenience, comfort, prosperity, and general welfare; and
(4) Relationship of the proposed use to the adequacy of available services and to general expansion plans and planned capital improvements.
(D) Review procedure.
(1) Filing and acceptance of application. Fifteen copies of a completed application shall be filed with the Director of Inspection and Engineering at least 45 days prior to a regularly scheduled meeting of the Planning Commission. Prior to accepting such application, the Director of Inspection and Engineering shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Director of Inspection and Engineering, shall result in a refusal of acceptance.
(2) Public hearing.
(a) A public hearing of the Planning Commission shall be set to be held within 60 days from the date of the acceptance of a complete application to amend this chapter and/or official zoning map. Nothing in this section shall prevent the Board from granting a continuance of the public hearing.
(b) In the case of a zoning ordinance or resolution referred to the Planning Commission by the Village Council in accordance with Charter § 4.12, a public hearing shall not be required. However, the Commission may hold a public hearing provided that Village Council has extended the time for receipt of written recommendations from the Planning Commission sufficient to advertise and conduct public hearings in accordance with the time frames as set forth in this chapter.
(3) Public notice for hearing. At least one notice shall be published at least two weeks prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the date, time, and place of the public hearing, nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to the Village Council for further determination. In addition, a sign will be posted on the applicant’s property indicating that the property is the subject of an application for zoning amendment, and shall include the telephone number of the village to contact for further information. The sign shall be posted by the Director of Inspection and Engineering in a location, size, and manner as directed by the Director of Inspection and Engineering. The sign shall be posted within two weeks of the acceptance of the application by the Director of Inspection and Engineering and shall remain in place until action has been taken on the application by the Village Council.
(4) Notice to property owners. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the village, certified mail, at least 30 days prior to the date of a scheduled public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted as listed under division (B)(3)(e) of this section. The notice shall correspond to division (D)(3) of this section in content.
(5) Action by Planning Commission. Within 31 days of the public hearing, or within 31 days of the date of referral of each ordinance or resolution referred to the Planning Commission by the Village Council in accordance with Charter § 4.12
unless a time extension is granted by Council, the Planning Commission shall review the application and forward one of the following recommendations of the majority of members of the Commission to Village Council:
(a) Recommend amendment be granted as requested;
(b) Recommend a modification of amendment; or
(c) Recommend amendment not be granted.
(6) Public hearing of the Council.
(a) Upon receipt of such recommendation, the Village Council shall schedule a public hearing within 45 days of the receipt. Nothing in this section shall prevent the Council from continuing a public hearing.
(b) Council shall hold a public hearing whenever an ordinance or resolution establishes, amends, revises, changes, or repeals a zoning classification or zoning district or zoning regulation as per Charter § 4.13.
(7) Public notice for hearing. At least one notice shall be published at least two weeks prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the date, time, and place of the public hearing, nature of the proposed amendment, and a summary of any Planning Commission recommendation.
(8) Action by Village Council.
(a) Within 35 days after the public hearing, Council shall adopt or deny the recommendation of the Planning Commission or adopt a modification thereof. To adopt the Commission’s recommendation, a majority vote of the membership of Council is required. To reverse or modify the Commission’s recommendation, the affirmative vote of five members of the Village Council is required.
(b) An application for amending this chapter that has been disapproved by the Village Council may be resubmitted to the village no sooner than one year of the date of such disapproval by Council.
(Ord. 96-152, passed 10-7-1996; Ord. 99-150, passed - -1999)
Charter reference:
Council may amend districting or zoning, see Charter § 3.09
Cross-reference:
Planned districts, amendments to, see § 153.174
Statutory reference:
Council may amend districting or zoning, see R.C. § 713.10