The text of this Zoning Code, the zoning map, and the building line map may be amended by utilizing the procedures specified in this chapter.

(Prior code § 153.050; Ord. 322-1976)

Whenever the public necessity, convenience, general welfare, or good zoning practice requires, Council may, by ordinance, after receipt of a recommendation thereon from the City Planning Commission and the planning staff, and subject to procedures provided by law, amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property as set forth in this Zoning Code.

(Prior code § 153.051; Ord. 322-1976)

An amendment to this Zoning Code may be initiated in one of the following ways:

A.

By adoption of a motion by the City Planning Commission;

B.

By introduction of an ordinance by the Mayor or by a member of Council;

C.

If the amendment is in the zoning map, by the filing of a petition signed by the owners, lessees, or option holders of at least fifty percent of the property included in the petition;

D.

If the amendment is in the building line map, by the filing of a petition signed by the owners, lessees, or option holders of at least fifty percent of the street frontage which is included in the petition; or

E.

If the amendment is in the text of this Zoning Code, by a petition signed by at least one owner, lessee, or option holder affected by such amendment.

(Prior code § 153.052; Ord. 322-1976)

The petition for an amendment shall be prepared in cooperation with the planning staff (preferably on forms available from its office) to ensure proper terminology, and shall contain at least the following information:

A.

The name, address, and phone number of the petitioner or his representative;

B.

If it is an amendment to the text of this Zoning Code, the text of the proposed amendment (or description of the proposed deletion);

C.

If it is a zoning map or building line map amendment, a legal description or plat of the property involved;

D.

If it is a zoning map or building line map amendment, a description of the present and proposed zoning classification or building line;

E.

A statement on the necessity and appropriateness of the proposed amendment, including an Environmental Protection Agency (E.P.A.) statement, when required by that Agency;

F.

1.

If it is a Class UPD amendment, plans describing the uses proposed, with sufficient detail to permit evaluation of the amendment in accordance with the following general objectives:

a.

Proper subdivision of land uses;

b.

Rational traffic movement and control;

c.

Adequate and properly constructed off-street parking facilities;

d.

Adequate and suitable landscaping;

e.

Aesthetic amenities such as underground or screened utility service, control of lighting, and control of exterior signs; and

f.

Such other features of modern urban development as may be required in the interests of the public safety, convenience, morals, health and welfare.

2.

Two sets of plans shall be submitted to the Department of Planning and Urban Development.

G.

Accompanying each amendment shall be a nonrefundable fee, payable in cash or certified check, to reimburse the City for such expenses as clerical, drafting, engineering, investigation, public notice and hearing, and advertising incident to the processing of the amendment. The fee shall be based upon the following fee schedule:

(Prior code § 153.053; Ord. 822-1990; Ord. 322-1976)

(Ord. 20-2023)

The petition shall be submitted at the office of the planning staff. The planning staff shall transmit the petition to the Clerk of Council. The Clerk of Council shall not accept such a petition unless it bears the certification of a planning staff member that the required fee has been paid.

(Prior code § 153.054; Ord. 322-1976)

Immediately after the filing of a petition with the Clerk of Council, or the introduction of an ordinance by the Mayor or by a member of Council, a copy of the petition or ordinance shall be transmitted to the City Planning Commission and planning staff for investigation and study. The original petition, ordinance, and any related maps, plans, or reports shall be and remain available for public inspection in the office of the Clerk of Council.

(Prior code § 153.055; Ord. 322-1976)

Before any zoning amendment is approved affecting any land within three hundred feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of the Ohio Department of Transportation, or within a radius of five hundred feet from the point of intersection of such centerline with any public road or highway, the Planning Commission shall give notice, by registered or certified mail, to the Director. The Commission may proceed as required by law. However, Council shall not approve the amendment for one hundred twenty days from the date the notice is received by the Director. If the Director notifies the City that he shall proceed to acquire the land needed, then the City shall refuse to approve the zoning amendment. If the Director notifies the City that acquisition at this time is not in the public interest, or on the expiration of the one hundred twenty day period or any extension thereof agreed on between the Director and the property owner, Council shall proceed as required by law.

(Prior code § 153.056; Ord. 322-1976)

The City Planning Commission shall hold a public hearing on zoning amendments. Before holding this hearing, the Commission shall give public notice at least ten days before the date of such hearing.

(Prior code § 153.057; Ord. 322-1976)

The planning staff shall investigate the amendment prior to the City Planning Commission's public hearing and shall recommend its adoption, modification, or denial. This recommendation shall be transmitted to the Commission and presented at the required public hearing.

(Prior code § 153.058; Ord. 322-1976)

Following public notice and hearing, the City Planning Commission shall take action on the amendment. Such action shall be in the form of a motion recommending to Council that the amendment be granted or granted in part, be modified, or not be granted. The Commission shall be permitted a reasonable time to consider the amendment, but Council may require the Commission to transmit its recommendation within sixty days from the date of the request. If the Commission fails to act within the time aforesaid, it shall be deemed to have recommended that the amendment be granted. The Commission shall, on taking action, submit its recommendation and those of the Department of Planning and Urban Development to Council.

(Prior code § 153.059; Ord. 322-1976)

Council shall hold a public hearing on the amendment. Such hearing shall include presentation of the recommendations by the Commission and the planning staff.

(Prior code § 153.060; Ord. 91-1988; Ord. 322-1976)

Council shall give public notice of the public hearing required by Section 153.454 not less than fifteen days before the date of the required hearing. If the amendment is in the zoning map or building line map, the Clerk of Council shall send, by first class mail, at least fifteen days before the day of the public hearing, written notice of the time, place, and nature of the public hearing to all owners and residents of the property within, contiguous to, and directly across the street from the property involved in the amendment. This written notice shall be sent to the owners at their addresses appearing in the County Auditor's current tax list or the County Treasurer's mailing list, and to the residents at their addresses appearing in the current City directory. The failure of delivery of the written notice sent by the Clerk shall not invalidate any such amendment.

(Prior code § 153.061; Ord. 91-1988; Ord. 322-1976)

After the public hearing required by Section 153.454, and after receipt of the recommendation of the Planning Commission, Council shall either adopt or deny the recommendation of the City Planning Commission or adopt some modification thereof.

(Prior code § 153.062; Ord. 91-1988; Ord. 322-1976)