This Code sets both the powers and duties of the Planning Commission, the Board of Zoning Appeals, the Village Council and the Zoning Official with respect to the administration of the provisions of this Code.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)

   A Zoning Official shall be appointed by the Village Council. The Zoning Official shall have the following responsibilities and powers:

   (a)   Enforce the provisions of this Code and interpret the meaning and application of its provisions, including both map and text.

   (b)   Receive, review and make determinations on applications for Certificates of Zoning Compliance.

   (c)   IssueCertificates of Zoning Compliance as provided by this Code, and keep a record of same with notations of special conditions involved.

   (d)   Review and process plans pursuant to the provisions of this Code.

   (e)   Make determinations as to whether violations of this Code exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this Code.

   (f)   Conduct inspections of buildings and uses of land to determine compliance or non compliance with this Code.

   (g)   Maintain permanent and current records required by this Code, including but not limited to the Zoning Map, Certificates of Zoning Compliance, inspection documents and records of all variances, amendments and conditional uses. These records shall be made available for use of the Village Council, Planning Commission, the Board of Zoning Appeals and to the public.

   (h)   Revoke a permit or approval issued contrary to this Code or based on a false statement or misrepresentation in the application.

   (i)   Act upon all applications within thirty (30) days of their date of filing. A Certificate of Zoning Compliance or written notification and explanation of refusal shall be issued to the applicant within said thirty (30) days. Failure to notify the applicant of such refusal within this period shall entitle the applicant to submit his request to the Board of Zoning Appeals.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)

   (a)   The Planning Commission shall be composed of members as provided in Section 6.02 of the Greenhills Charter, and shall be governed by the provisions of Sections 6.09 and 6.10 of the Charter. Included in the specific powers and duties of the Planning Commission shall be the planning of the Municipality and lands adjacent thereto bearing relation to the planning of the Municipality, the location and heights of buildings and structures, setback building lines, and the division of the Municipality into zones or districts, the making of maps or plans for streets, playgrounds or improvements and provision for the administration thereof.

      (1)   Carry on a continuous review of the effectiveness and appropriateness of this Code and recommend such changes or amendments as it feels would be appropriate.

      (2)   Hold public hearings, notice of which shall be given in accordance with Ohio R.C. 713.12.

      (3)   Initiate advisable Official Zoning District Map changes, or changes in the text of the Code where same will promote the best interest of the public in general through recommendation to the Village Council.

      (4)   Review proposed zoning amendments and Planned Unit Development applications as filed by a property owner.

      (5)   Conduct Site Plan Review for projects requiring such approval.

      (6)   Review and approval/disapproval of Conditional Use applications.

      (7)   Conduct or cause to be conducted a continuing survey to identify historic properties in the Village in accordance with procedures approved by the Ohio Historic Preservation Office.

      (8)   Make recommendations for designation by the Village Council of local historic landmarks, historic districts, contributing buildings or historic sites.

      (9)   Review and approve/disapprove applications for changes to any designated historic property, whether a local historic landmark, contributing building in a historic district, or historic site.

      (10)   Establish and use written guidelines for the preservation of designated historic properties and historic districts in review of applications for changes to any designated historic property.

      (11)   Act in an advisory role to other officials and departments of local government regarding the protection of local historic properties.

      (12)   Act as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation.

      (13)   Work toward the continuing education of citizens within Greenhills regarding historic preservation issues and concerns.

      (14)   Seek expertise when the commission considers a National Register nomination and other actions which are normally evaluated by a professional in a specific discipline that is not represented on the commission, before rendering its decision.

      (15)   Conduct or encourage members to attend training/educational sessions at least once a year, or in-depth consultation with the Ohio Historic Preservation Office (OHPO), pertaining to work and functions of the commission or on specific historic preservation issues.

      (16)   Additional responsibilities may be undertaken by the commission upon mutual written agreement between the Village of Greenhills and the OHPO.

      (17)   Function, in addition, as provided by all other applicable Sections of the state law, Ohio R.C. Chapter 713.

   In considering an application for a Conditional Use Permit, the Planning Commissioner must make an affirmative finding that the proposed Conditional Use is to be located in a district wherein such use may be conditionally permitted, and that all conditions for approval of Conditional Uses have been met. The Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures and the consistency therewith of the proposed Conditional Use and any potential nuisances.

   A public hearing shall be held by the Planning Commission when considering an application for a Conditional Use Permit. Notice shall be given not less than fifteen (15) days prior to the date of public hearing, both by notifying all properties adjacent to the subject site, and by publishing notice in a newspaper of general circulation.

   An application for a Conditional Use Permit shall contain the following information:

      (1)   The total area in the development.

      (2)   The existing zoning of the property in question and/or all adjacent properties.

      (3)   All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.

      (4)   Existing topography with a maximum of ten (10) foot contour lines.

      (5)   The proposed finished grade of the development shown by contours not larger than five (5) feet.

      (6)   The locations of all existing and proposed buildings in the described parcels, the uses to be contained therein and the total number of buildings including dimensions, heights, gross floor area and number of stories.

      (7)   Location and dimension of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, angles of stalls, grades, surfacing materials, drainage plans, and illumination of facilities.

      (8)   Location of all sidewalks and other open areas.

      (9)   Location of all walls, fences, and buffer yards.

      (10)   Location, size, height, materials, lighting, and orientation of all signs.

      (11)   Location of all existing proposed streets, highways and alleys.

      (12)   All existing and proposed water and sanitary sewer lines indicating pipe sizes, types and grades.

      (13)   The schedule of phasing of the project.

      (14)   Names and mailing addresses of owners of property adjacent to the subject property as recorded by the Hamilton County Auditor's Office.

      (15)   Such other information as required by the Planning Commission to determine the conformance with this Code.

      (1)   The proposed Conditional Use will comply with all applicable regulations of this Code, including lot size requirements, development standards and use limitations.

      (2)   Adequate utility, drainage and other such necessary facilities have been or will be provided.

      (3)   Adequate access roads or entrance and exit drives will be provided and will be so designed as to prevent traffic hazards and to minimize traffic conflicts and congestion to public streets and alleys.

      (4)   All necessary permits, and licenses for the use and operation of the Conditional Use have been obtained, or evidence has been submitted that such permits and licenses are obtainable for the proposed Conditional Use on the subject property.

      (5)   All exterior lights for artificial open-air illuminations are so shaded as to avoid casting direct light upon any property located in a residential district.

      (6)   The location and size of the Conditional Use, the nature and intensity of the operation involved or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets given access to it, shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

      (7)   The location, nature and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development, use and enjoyment of adjacent land, buildings and structures.

      (8)   Evidence that the Conditional Use desired will not adversely affect the public health, safety and morals.

      (9)   In addition to complying with all other requirements of this Zoning Code, the Conditional Uses designated in Section 1131.04 (f) Vape and smoke shops, vaporizer stores, smoke shops, cigar shops and/or similar operations that sell paraphernalia typically associated with controlled substances. Hookah lounges, smoke lounges, vapor lounges or other similar establishments, (g) Body art establishments, including tattoo parlors, body piercing parlors, or other similar services; and Section 1133.04 (a) Pawn shops or other similar uses, shall comply with the following additional requirements and standards:

         A.   No such use shall be established or operated within 300 feet of a school or child day care center.

         B.   No such use shall be established or operated within 500 feet of an existing use of the same specific type.

      (10)   In addition to complying with all other requirements of this Zoning Code, the Conditional Use designated in Section 1131.04 (e) Medical marijuana cultivation, processing, and retail dispensaries, shall comply with the following additional requirements and standards:

         A.   No such use shall be established or operated within 500 feet of a school or child day care center.

         B.   No such use shall be established or operated within 500 feet of an existing use of the same specific type.

Distances described above shall be measured in a direct line from front door of one business to the front door of the other business without regard to topography or structures that would interfere with a straight-line measurement.

   (g)   Appeal of Planning Commission Decision for Conditional Uses. Any party aggrieved by a decision of the Planning Commission for a Conditional Use may appeal to the Court of Common Pleas of Hamilton County on the ground that such decision was unreasonable or unlawful. (Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)

   The powers and duties of the Village Council are as follows:

   (a)   Appoint a Zoning Official to administer and enforce the provisions of these Regulations.

   (b)   Initiate or act upon suggested amendments to the Zoning Regulations text or the Zoning District Map following the advisory recommendation of the Village Planning Commission.

   (c)   Determine fees for permits, application review and violations. Each written application for a Certificate of Zoning Compliance, Zoning Amendment, Administrative Appeal, Conditional Use Permit or Variance shall be accompanied by filing fees. These filing fees shall be forwarded to the Village, and shall be utilized to help cover the expenses of the Zoning Official, the Planning Commission, the Board of Zoning Appeals, and the public.

   (d)   Provide for maintaining and keeping current the permanent records required by these regulations, including but not limited to the Zoning District Map, Certificates of Zoning Compliance, inspections, and all official zoning actions of the Village Council. Such records shall be made available for use by the Village Council, Planning Commission, Board of Zoning Appeals, and the public.

   (e)   To hear and decide appeals to the decision of the Planning Commission regarding an application for Site Plan Review.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)

   (a)   Membership. In accordance with Section 6.03 of the Greenhills Charter, a Board of Zoning Appeals consisting of five (5) members shall be established. The members shall be two (2) members of the Planning Commission elected by the Planning Commission, with the remaining three (3) members appointed by the Mayor with approval of Council. The members shall have terms of three (3) years. The Board shall be a continuing body, shall adopt its own rules of procedure, and shall have the powers conferred upon it by Council Ordinances.

   (b)   Jurisdiction. The Board shall have the following powers:

      (1)   Administrative Appeals. To hear and decide appeals where it is alleged there is an error in any interpretation, judgment, decision or determination made by the Zoning Official in the administration and enforcement of the provisions of these regulations.

      (2)   Variances. The Board of Zoning Appeals shall have the power to authorize upon appeal in specific cases, filed as hereinafter provided, such variances from the terms, provisions or requirements of this Zoning Code as will not be contrary to the public interest provided, however, that such variances shall be granted only in such cases where, owing to special and unusual conditions pertaining to a specific piece of property as described below, the literal enforcement of the provisions or requirements of this Zoning Code would result in practical difficulty in the case of an area variance or undue hardship in the case of a use variance, so that the spirit of the Zoning Code shall be upheld, public safety and welfare secure and substantial justice done. Variances shall not be granted for uses not permitted in the zoning district applicable to the property.

         A.   Conditions Prevailing. Where there are exceptional or extraordinary circumstances or conditions, the literal enforcement of the requirements of this Zoning Code would involve practical difficulty in the case of an area variance or would cause undue hardship in the case of a use variance, unnecessary to carry out the spirit and purpose of this chapter, the Board of Zoning Appeals shall have power to relieve such circumstances or conditions. In authorizing a variance, the Board of Zoning Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed structure or use it as it may deem necessary in the interest of the furtherance of the purpose of the chapter and in the public interest. In authorizing a variance, with attached conditions, the Board of Zoning Appeals shall require such evidence and guarantee or bond as it may deem to be necessary, to enforce compliance with the conditions attached. In determining whether or not practical difficulties exist, the Board of Zoning Appeals shall consider the following criteria:

            1.   Whether the property will yield a reasonable return without the variance or whether there can be beneficial use of the property;

            2.   Whether the variance is substantial;

            3.   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;

            4.   Whether the variance would adversely affect the delivery of governmental services;

            5.   Whether the property owner purchased the property with knowledge of the resolutions, ordinances, regulations, measures and orders, including the fact that all property owners are presumed to have actual or constructive knowledge of such information, and that a claim by a property owner to have no knowledge of such information shall not be a reason standing alone to grant a variance;

            6.   Whether the property owner's predicament feasibly can be obviated through some method other than variance; and

            7.   Whether the spirit and the intent behind the resolutions, ordinances, regulations, measures and orders would be observed and substantial justice done by granting the variance.

         B.   Findings of the Board of Zoning Appeals. No such variance of the provisions or requirements of this Zoning Code shall be authorized by the Board of Zoning Appeals unless the Board of Zoning Appeals finds that all of the following facts and conditions exist and they determine that the hardship was not self-created:

            1.   Exceptional Circumstances. Where, by reason of the exceptional narrowness, shallowness, or unusual shape of a specific piece of property on the original effective date of this Zoning Code (March 15, 1966), or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property, that do not apply generally to other properties or classes of uses on the same zoning district.

            2.   Preservation of Property Rights. That such variance is necessary for the preservation and enjoyment of substantial property rights which are possessed by other properties in the same zoning district and in the same vicinity.

            3.   Absence of Detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Zoning Code or the public interest.

            4.   Not of General Nature. That the condition or situation of the subject property, or the intended use of the property, for which variance is sought, is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such condition or situation.

      (3)   An application for an Appeal or Variance shall contain the following information:

         A.   Name, address and telephone number of the applicant.

         B.   A brief narrative description of the existing use of the property.

         C.   Statement of location of the property (subdivision, township, range, section number, lot number).

         D.   A statement indicating the zoning of the property.

         E.   A brief narrative description of the proposed appeal or variance being requested, citing the section of the Zoning Code from which the appeal or variance is being requested.

         F.   A plan, drawn at an appropriate scale, showing the following:

            1.   Location of the property, indicating all existing and proposed structures and lot lines.

            2.   Locations of the nearest public rights-of-way and location of all access points to the site, existing or proposed.

            3.   Locations of any easements existing or proposed.

            4.   Locations of any existing or proposed parking areas and driveways, showing intent to comply with all parking requirements specified by these regulations.

         G.   Such other information as may be required by the Board of Zoning Appeals.

         H.   Names and mailing addresses of owners of property adjacent to the subject property as recorded by the Hamilton County Auditor's Office.

         I.   Notification. A reasonable time will be fixed for the hearing of the application for appeal, giving ten (10) days' notice in writing to the parties of interest and giving notice of such public hearing by publication in one or more newspapers in general circulation in the Village at least (10) days before the date of such hearing.

         J.   Fees. Each application for appeal shall be accompanied by a check or money order, payable to Greenhills, in the amount to be determined and set by Village Council to cover the cost of publishing and/or posting and mailing the notice of the hearing or hearings and other expenses in conjunction therewith.

      (4)   Appeal of Board of Zoning Appeals Decision. Any party aggrieved by a decision of the Board of Zoning may appeal within thirty (30) days of the date of decision to the Court of Common Pleas of Hamilton County on the ground that such decision was unreasonable or unlawful.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2015-07-L&R. Passed 10-27-15.)

   (a)   Certificate Required. It shall be unlawful for any owner, lessee or tenant to occupy any building, structure or land, or part thereof, hereafter erected, created, changed, converted or enlarged unless a certificate of zoning compliance shall have been issued by the Zoning Official after inspection.

   (b)   Compliance of Land. A certificate of zoning compliance for the use of vacant land, or change in the use of land as herein provided, shall be applied for before any such land shall be occupied and used. A certificate of zoning compliance shall be issued, provided such use is in conformance with the provisions of this Code, and site plans approved by Planning Commission, as may be required.

   (c)    Compliance of a Building. A certificate of zoning compliance for a new building shall be applied for at the same time as the application for a building permit. The certificate shall be issued after the site plans for the new building, alteration or expansion are approved by the Planning Commission, as may be required.

   (d)   Application. Application for a Certificate of Zoning Compliance shall be made in writing to the Zoning Official on form(s) designated by Greenhills for this purpose. When appropriate, each written application shall include the following:

      (1)   A site plan showing the project location, setbacks from any property lines if appropriate, dimensions and interior square footage of proposed building or space to be occupied

      (2)   Description of use of building, space, or land where no buildings are included; and

      (3)   The location, size and height of any accessory uses to be erected or altered, such as sheds, parking spaces, dumpsters, delivery loading and unloading zones, etc.

      (4)   Location of any proposed exterior lighting, signage, awnings, ramps, steps, doors, etc.

      (5)   The number of families or dwelling units each building is designed to accommodate, if applicable.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-2020.)

   Site plan review shall be as follows:

   (a)   Applicability.

      (1)   This section shall apply to new property development and any collective substantial expansion of existing structures, except for individual single family dwellings and two family dwellings (duplexes) and parking lots of five (5) spaces or smaller. Substantial expansion of existing structures shall be defined as an increase of the existing structure by twenty-five (25) percent or more.

      (2)   Furthermore, no building shall be erected or structurally altered on any lot or parcel in zones where a site plan is required, except in accordance with the regulations of this section and an approved site plan. No building permit shall be issued prior to the approval of a site plan.

   (b)   Contents of Site Plan. Before a permit is issued for construction, six copies of the site plan at a scale no smaller than 1 inch to 100 feet shall be filed with the Building/Zoning Official setting forth, identifying and locating the following:

      (1)   The total area in the development.

      (2)   The existing zoning of the property in question and/or all adjacent properties.

      (3)   All public and private right of way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.

      (4)   Existing topography with a maximum of five (5) foot contour intervals.

      (5)   The proposed finished grade of the development shown by contours not less than one (1) foot.

      (6)   The locations of all existing and proposed buildings in the described parcels, the uses to be contained therein and the total number of buildings including dimensions, heights, gross floor area and number of stories.

      (7)   Location and dimension of all curb cuts, driving lanes, off street parking and loading areas including the number of spaces, angles of stalls, grades, surfacing materials, drainage plans, and illumination of facilities.

      (8)   All sidewalks and other open areas.

      (9)   Location of all walls, fences, and buffer yards.

      (10)   Location, size, height, colors, typeset, materials, lighting, and orientation of all signs.

      (11)   Location of all existing proposed streets, highways and alleys.

      (12)   All existing and proposed water and sanitary sewer lines indicating pipe sizes, types and grades.

      (13)   The schedule of phasing of the project.

      (14)   A lighting plan including photometric information and proposed style and height of light fixtures.

      (15)   A landscape plan.

      (16)   Such other information as required by the Planning Commission to determine the conformance with this Code.

   (c)   Site Plan Review Guidelines. The following principles shall guide the exercise of site planning review by the Planning Commission:

      (1)   The natural topographic and landscape features of the site shall be incorporated into the plan and the development.

      (2)   Buildings and open spaces should be in proportion and in scale with existing structures and spaces in the area within three hundred (300) feet of the development site.

      (3)   A site that has an appearance of being congested, over built or cluttered can evolve into a blighting influence and therefore such should not be congested, over built or cluttered.

      (4)   Open spaces should be linked together.

      (5)   Natural separation should be preserved or created on the site by careful planning of the streets and clustering of buildings using natural features and open spaces for separation. Existing vegetation removal should be kept to a minimum.

      (6)   Screening of intensive uses should be provided by utilizing landscaping, fences or walls to enclose internal areas.

      (7)   Buildings should be sited in an orderly, non random fashion. Long, unbroken building facades should be avoided.

      (8)   In connection with the siting of mid rise and high rise buildings, the location should be oriented to maximize the privacy of the occupants of adjacent buildings.

      (9)   Street location and design shall conform to existing topographic characteristics. Cutting and filling shall be minimized in the construction of streets. Flat as possible grades shall be utilized proximate to intersections.

      (10)   Pedestrian circulation in non residential areas should be arranged so that off street parking areas are located within a convenient walking distance of the use being served. Handicapped parking should be located as near as possible to be accessible to the structure. Pedestrian and vehicular circulation should be separated as much as possible, through crosswalks designated by pavement markings, signalization or complete grade separation.

      (11)   Path and sidewalk street crossings should be located where there is a good sight distance along the road, preferably away from sharp bends or sudden changes in grade.

      (12)   Parking lots and garages should be located in such a way as to provide safe, convenient ingress and egress. Whenever possible there should be a sharing of curb cuts for more than one facility. Parking areas should be screened and landscaped and traffic islands should be provided to protect circulating vehicles and to break up the monotony of continuously paved areas.

      (13)   Drive through establishments such as restaurants and banks should be located to allow enough automobile waiting space for peak hour operation without interference with other parking lot circulations or vehicular traffic on adjacent public streets.

   (d)   Action by Planning Commission for Site Plan Review.  

      (1)   Upon submission of the complete application for site plan review to the Building/Zoning Official, the application shall be transmitted to the Planning Commission where they shall review the site plan pursuant to subsection (c) Site Plan Review Guidelines. No public notice or public hearing shall be required in conjunction with the review, the approval, approval with modifications or disapproval of the site plan. The Planning Commission may approve, disapprove or approve with modifications the site plan as submitted.

      (2)   The Planning Commission shall act upon all site plans within thirty five (35) days after the receipt of the complete application from the Building/Zoning Official. Within the said thirty-five (35) day period, a majority of the members of the Planning Commission present at a meeting thereof may vote to extend the said period for a period of time not to exceed an additional sixty (60) days.

   (e)   Appeal of Planning Commission Decision for Site Plan Review. An appeal can be made to the Village Council regarding a decision by the Planning Commission regarding approval of a site plan review. An applicant, or other aggrieved party, may appeal to the Village Council to evaluate the decision of the Planning Commission as related to a site plan review application. The Village Council may uphold the decision of the Planning Commission, overturn the decision of the Planning Commission or modify the decision of the Planning Commission. An affirmative vote of three-fourths (3/4) of the Village Council is required to overturn or modify the recommendation of the Planning Commission.

      (Ord. 2013-04-CD. Passed 4-2-13.)

   The text of this Zoning Code and the Zoning Map may be amended from time to time by the passage of an ordinance duly adopted by the Village Council in accordance with the procedures set forth in this Chapter and in compliance with the provisions provided in the Ohio Revised Code, Chapter 713.

   (a)   Parties Entitled to Initiate Amendments. An amendment to the text of the Zoning Code or to the Zoning Map may be initiated by motion of the Planning Commission, by passage of an ordinance by the Village Council that is certified by the Village Clerk to the Planning Commission, or by the filing of an application with the Planning Commission by one or more of the owners or lessees of property located within the area proposed to be changed or affected by the proposed amendment.

   (b)   Standards for Reviewing Amendments. The decision of the Village Council to amend the text of the Zoning Code or to amend the Zoning Map is within the sound legislative discretion of the Council. As a part of the review by the Council, for any amendment to the text of the Zoning Code or to the Zoning Map, the following factors, where applicable, should be considered:

      (1)   The reports submitted by reviewing governmental agencies.

      (2)   The comments received at the public hearing concerning the proposed amendment.

      (3)   The relationship to the public health, safety, morals and general welfare.

      (4)   Compatibility with the goals and objectives, if any, of adopted plans for land use, transportation, utilities, community facilities.

      (5)   The economic viability of the proposed district.

      (6)   The location of the subject property and the compatibility of the proposed use with the character of the area.

      (7)   The existing and proposed site features of the subject property.

   (c)   Review Procedures for Amendments.

      (1)   Application. An applicant for a zone amendment shall file an application on a form or forms provided by the Planning Commission. The application shall be considered complete when the Zoning Official or other designee determines such.

      (2)   Scheduling of the Planning Commission Public Hearing. Within five (5) days after the adoption of a motion by the Planning Commission, certification of an ordinance by the Village Council or the filing of an application determined to be complete, the Planning Commission shall set a date for a public hearing not less than twenty (20) nor more than forty (40) days from the date of initiation of the amendment by motion, certification or the filing of an application and provide notice of such hearing pursuant to Section 1151.09 .

      (3)   Planning Commission Review and Recommendation. The Planning Commission shall, within thirty (30) days after their public hearing recommend the approval or denial of the proposed amendment, or the approval of some modification of the amendment pursuant to the standards in subsection (b) hereof. The Planning Commission shall then submit its recommendation together with the proposed text and map changes to the Village Council.

      (4)   Village Council Review and Action.

         A.   Schedule of Hearing. Upon receipt of the recommendation from the Planning Commission, the Village Council shall hold a public hearing within thirty (30) days in accordance with the procedures outlined in Section 1151.09 .

         B.   Decision. Within twenty (20) days after the public hearing, the Village Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification of the recommendation by the Planning Commission. In making its decision, the Board shall consider the factors contained in subsection (b) hereof.

         C.   Effective Date. An amendment adopted by the Village Council shall become effective in thirty (30) days after the date of adoption of the ordinance unless within that time period a petition for zoning referendum is presented in accordance with the requirements of the Ohio Revised Code.

      (5)   Referendum. Referendum petitions shall be processed pursuant to the Village Charter and the provisions of the Ohio Revised Code.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)

   An amendment to the text of the Zoning Code or to the Zoning Map, initiated by any one of the three methods described in Section 1151.08(a), shall require notification of required public hearings in accordance with the following provisions.

   (a)   Published Notice. Notice of the public hearing shall be given by the Planning Commission or Village Council, as the case may be, both by notifying all properties adjacent to the subject site and by publishing notice in a newspaper of general circulation.

   (b)   Mailed Notice. The Planning Commission or the Village Council, as the case may be, shall provide notice for map and text amendments according to the following situations. When the proposed zone map amendment involves the rezoning or redistricting of ten (10) or fewer parcels of land, as listed on the County Auditor's current tax list, written notice of the hearing shall be mailed at least fifteen (15) days before the date of the public hearing. That notice shall be mailed to all owners of property within, contiguous to, directly across from, and within two hundred (200) feet of the area proposed to be rezoned or redistricted. When the proposed zone map amendment involves the rezoning or redistricting of more than 10 parcels of land as listed on the County Auditor's current tax list, or when a text amendment is proposed, the Planning Commission shall determine on a case-by-case basis the extent and method to which additional notice is necessary beyond general notice as required by this Code.

   (c)   Content of Published and Mailed Notices. Published and mailed notices shall contain the time, date, and place of the public hearing. In addition, they shall include all of the following information:

      (1)   A statement indicating that the motion, resolution, or application is an amendment to the Zoning Code;

      (2)   The nature of the proposed amendment;

      (3)   The current and proposed zoning classification of the property named in the proposed amendment;

      (4)   The time and place where the motion, resolution, or application proposing to amend the Zoning Code will be available for examination for a period of at least ten (10) days prior to the public hearing;

      (5)   The name of the person responsible for giving notice of the public hearing by publication or by mail, or by both publication and mail.

         (Ord. 2013-04-CD. Passed 4-2-13.)