The Village Council may, on its own motion, upon recommendation of the Planning Commission, or upon petition by any interested person, amend, supplement, change, modify or repeal the regulations or district boundaries established by this Zoning Ordinance provided that such action is in conformity with the provisions of this chapter.

(Ord. 98-12. Passed 4-7-98.)

   Amendments to this Zoning Ordinance may be initiated by:

   (a)   A motion of the Planning Commission.

   (b)   The adoption of a resolution by Council and certification to the Planning Commission.

   (c)   The filing of an application with the Zoning Inspector by one or more owners of property within the area proposed to be changed or affected by the proposed amendment.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   (a)   When a person or persons having an interest in property in the Village petitions for an amendment to the Zoning Ordinance which involves changing the zoning classification of a property by changing the district assigned to the property, changing the boundaries of a district, or establishing a new district classification, then such a petition shall be made on the form provided. All such applications for rezoning shall include a correct legal description of the property along with the names and addresses of the owners of property contiguous or directly across the street from the subject property. Each such application shall include a non-refundable fee to cover the costs of advertising and other administrative expenses and a review deposit in such amounts as are established by Village Council. Said fees and deposits shall be paid to the Village of Doylestown, Ohio.

   (b)   Each application for amendment or rezoning of property shall include submission of a Development Plan containing the following information:

      (1)   Existing topography at two foot (2') contour intervals of the property to be rezoned and extending at least fifty (50) feet outside of the proposed site, including property lines, easements, street rights-of-way, existing structures, trees and landscaping features;

      (2)   The proposed vehicular and pedestrian traffic patterns;

      (3)   The location of all existing and proposed structures;

      (4)   The proposed assignment of use and subdivision of land including private land and common land;

      (5)   Preliminary plans of all structure types;

      (6)   Proposed deed restrictions and/or protective covenants; and

      (7)   A tentative construction schedule.

   (c)   In addition to a concept development plan, the Planning Commission or Village Council may require submission of other relevant information deemed necessary or appropriate to determine the propriety of the proposed amendment or rezoning, such as, but not limited to, a traffic impact study, utilities impact study or drainage impact study.

   (d)   The Commission and Council may, at their sole discretion, waive the requirement for submission of a Development Plan or any portion of such plan when considering an application for an amendment.

   (e)   When reviewing applications, the Commission and Council may seek expert advice or cause special studies to be made. The costs for such services or studies shall be borne by the applicant and shall be assessed from the funds placed on deposit for such purpose. When such funds are insufficient, the applicant shall deposit such additional funds as may be required prior to action on the application.

(Ord. 98-12. Passed 4-7-98.)

   When the Planning Commission makes an advisory recommendation to the Village Council which involves changing the zoning classification of property by changing the district assigned to the property, changing the boundaries of a district, or establishing a new district classification, the foregoing application specifications for a Development Plan shall not apply.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   (a)   Every proposed amendment, supplement, change, modification or repeal of this Zoning Ordinance shall be referred to the Planning Commission for its recommendation and report.

   (b)   Upon receipt of a complete application, the Zoning Inspector shall forward same to the Planning Commission. Upon receipt of an application or certification, the Commission shall schedule same for consideration at its next regularly scheduled meeting. Applications for amendments to this Zoning Ordinance shall be filed not later than two (2) weeks prior to the meeting of the Planning Commission at which the application is to be considered.

   (c)   No amendment, regardless of how initiated, shall be passed by Council unless it has first been submitted to the Planning Commission for consideration and a report has been received from the Commission.

(Ord. 98-12. Passed 4-7-98.)

   The following policy guidelines shall be followed by the Planning Commission concerning zoning amendments and no proposed zoning amendment shall receive favorable recommendation unless:

   (a)   The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories.

   (b)   There is convincing demonstration that the uses permitted under the proposed district classification would be in the general public's interest and not merely in the interest of an individual or small group.

   (c)   There is convincing demonstration that the uses permitted under the proposed district classification would be appropriate in the area included in the proposed change.

   (d)   There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by the proposed change.

   (e)   The proposed change is in accord with the Comprehensive Plan of the Village of Doylestown, Ohio and sound planning principles.

(Ord. 98-12. Passed 4-7-98.)

   (a)   The Planning Commission need not confine its recommendation to the proposed amendment as set forth in the application but may recommend rezoning less acreage than requested or rezoning to a classification different than that requested if the Commission is of the opinion that such revision is in accord with public necessity, convenience, prosperity, general welfare, and good zoning practice, and will further the purposes of this Zoning Ordinance.

   (b)   The Planning Commission shall render its decision on any properly filed petition within a reasonable time after the introduction of petition and shall transmit its recommendation and report, including the reasons for its determinations, to the Village Council.

(Ord. 98-12. Passed 4-7-98.)

   Council shall, upon receipt of such recommendation from the Planning Commission, set a time for a public hearing on such proposed amendment, which time shall be not more than sixty (60) days from the date of the receipt of such recommendation from the Commission. Notice of such hearing shall be given as follows:

   (a)   In all cases, notice shall be given by posting on the Village website and on the bulletin board at Village Hall the time and place of such at least thirty (30) days prior to the hearing date. Such notice shall include a statement that opportunity will be afforded to any person interested to be heard.

   (b)   In cases of a proposed change in the Zoning Districts Map, written notice of the hearing shall be mailed by the Zoning Inspector by first class mail at least twenty (20) days before the date of the public hearing to the owners of the property within, contiguous to, and directly across the street from any part of the property the zoning of which would be changed by the proposed amendment, to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and such other lists that may be specified by Council.

   (c)   During the thirty (30) days subsequent to giving the notice of the public hearing as required, the text of such proposed amendment, together with the maps or plans or copies thereof, forming a part of or referred to in such proposed amendment and the recommendation and any other map, plan, or report, if any, or copies thereof, submitted by the Commission, shall be on file for public examination at Village Hall.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   (a)   Council may adopt, deny, or adopt with modifications the recommendation of the Planning Commission. The development plan along with any conditions or amendments to the application, upon adoption by Council, shall become part of said rezoning and shall be deemed incorporated by reference into legislation creating the zoning change. Said development plan, conditions and amendments shall bind any future development or use of the property in question.

   (b)   If, subsequent to the approval of a rezoning, the owner requests a change to the approved development plan, such request shall be filed with the Zoning Inspector who shall forward it to the Planning Commission for consideration. If the Commission finds the request to be in substantial agreement with the previously approved development plan, it may approve same. If the Commission finds the requested change to represent a substantial departure from the intent and spirit of the approved plan, it shall require that the applicant submit a new application and follow the same procedures as for the original approval.

(Ord. 98-12. Passed 4-7-98.)

   With the exception of requests originating with the Planning Commission or Village Administration, should a request for an amendment or reclassification of land be denied by Council, at least twelve (12) months shall elapse before another application for substantially the same amendment or the reclassification of the same land to the same zoning district is considered. The Village Council, by eighty (80) percent affirmative vote of its total membership, may waive this restriction if it finds that protection of public health, safety and general welfare warrants such action.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)