Botkins City Zoning Code
AMENDMENTS
§ 153.195 INTENT.
Whenever the public necessity, convenience, general welfare or good zoning practices require, the Village Council may by ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property.
(Ord. 03-04, passed - -2002)
§ 153.196 INITIATION OF ZONING AMENDMENTS.
Amendments to this Zoning Code may be initiated in one of the following ways:
(A) By the adoption of a motion by the Planning Commission;
(B) By the adoption of a motion by Village Council referring any amendment to Planning Commission for recommendation; or
(C) By the filing of an application by the owner of the affected property.
(Ord. 03-04, passed - -2002)
§ 153.197 CONTENTS OF APPLICATION FOR ZONING MAP AMENDMENT.
Applications for amendments to the official zoning map adopted as part of this Zoning Code shall contain at least the following information:
(A) The name, address and phone number of the applicant;
(B) Present use;
(C) Present zoning district;
(D) Anticipated use;
(E) Proposed zoning district;
(F) A vicinity map at a scale approved by the Village Administrator showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Village Administrator may require;
(G) A statement of the reason(s) for the proposed amendment;
(H) A list of all property owners and their mailing addresses, as appearing on the County Auditor’s current tax list, who are within 200 feet of the parcel or parcels proposed to be rezoned;
(I) A statement on the ways in which the proposed amendment relates to the Comprehensive Development Plan; and
(J) A fee as established by the Zoning Code (see § 153.242).
(Ord. 03-04, passed - -2002)
§ 153.198 CONTENTS OF APPLICATION FOR ZONING TEXT AMENDMENT.
Applications for amendments proposing to change, supplement, amend or repeal any portion(s) of this Zoning Code, other than the official zoning map, shall contain at least the following information:
(A) The name, address and phone number of the applicant;
(B) The proposed amendment, approved as to form by the Village Solicitor;
(C) A statement of the reason(s) for the proposed amendment;
(D) A statement explaining the ways in which the proposed amendment relates to the Comprehensive Plan; and
(E) A fee as established in the Zoning Code.
(Ord. 03-04, passed - -2002)
§ 153.199 RECOMMENDATION BV PLANNING COMMISSION.
Within 60 days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to the Village Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied. The decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based, including the basis for their determination that the proposed amendment is or is not consistent with the Comprehensive Development Plan.
(Ord. 03-04, passed - -2002)
§ 153.200 PUBLIC HEARING BY VILLAGE COUNCIL.
Upon receipt of the recommendation from the Planning Commission, the Village Council shall schedule a public hearing. Said hearing shall be not more than 60 days from the receipt of the recommendation from the Planning Commission.
(Ord. 03-04, passed - -2002)
§ 153.201 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Notice of the public hearing shall be given by the Village Council by at least one publication in one or more newspapers of general circulation in the village. Said notice shall be published at least 30 days before the date of the hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(Ord. 03-04, passed - -2002)
§ 153.202 NOTICE TO PARTIES OF INTEREST.
If the ordinance, measure, or regulation 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 Clerk of the Village Council, by first class mail, at least 20 days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and to such other list or lists that may be specified by the Village Council. The failure of delivery of such notice shall not invalidate any such ordinance, measure or regulation. The notice shall contain the same information as required in § 153.201.
(Ord. 03-04, passed - -2002)
§ 153.203 ACTION BY VILLAGE COUNCIL.
After the required public hearing, the Village Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event the Village Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than three-fourths of the full membership of Village Council.
(Ord. 03-04, passed - -2002)