(14-101) Who may initiate action. Amendments may be initiated by the city council or the Groves Planning and Zoning Commission or by an application from one or more property owners or certified agent of the property affected by the proposed amendment.

(14-102) Application fee. Each application by a property owner shall be accompanied by a fee as established by the city council, to cover administrative and processing costs. If the applicant withdraws his application prior to publication of public hearing by the city council, half of the fee will be refunded.

(Ord. No. 663, § 10, 11-13-78)

Cross reference— For such fee, see § 2-29.

(14-103) Accompanying data. An application for an amendment shall be accompanied by an accurate legal description, maps, site plans, drawings or any data necessary to demonstrate that the proposed amendment is in general conformance with the comprehensive plan of the city and that public necessity, convenience and general welfare require the adoption of the proposed amendment.

(14-201) Upon filing of the application, the planning and zoning commission shall review the application with the applicant at a work session for compliance with this ordinance.

(Ord. No. 663, § 11, 11-13-78)

(14-202) After receiving the application, the planning and zoning commission may request the city council to hold a joint public hearing.

(Ord. No. 663, § 11, 11-13-78)

(14-203) Upon receiving the planning and zoning commission request, the city council shall set a date and time for a joint public hearing.

(Ord. No. 663, § 11, 11-13-78)

(14-204) Notice of joint public hearing. Notice shall be given of such time and place of said joint public hearing by one publication in a newspaper of general circulation at least fifteen (15) days prior to such hearing and written notice of such hearing shall be sent to the owner of the property or his agent and to all owners of real property lying within two hundred (200) feet of the property on which the change in classification is proposed, such notice to be given not less than ten (10) days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given by one publication in a newspaper of general circulation in the city at least fifteen (15) before the time of hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action.

(Ord. No. 663, § 11, 11-13-78)

(14-205) The planning and zoning commission shall meet either at the conclusion of said joint public hearing or at a later date and make their recommendation to the city council.

(Ord. No. 663, § 11, 11-13-78)

(14-206) The city council shall take no action on the application until after it has received a recommendation from the planning and zoning commission.

(Ord. No. 663, § 11, 11-13-78)

(14-207) The city council may, by simple majority vote, recommend disapproval of an application for amendment of the zoning ordinance; or, in recommending approval of an amendment to the zoning ordinance, the city council may impose such requirements and conditions or changes as it may deem necessary pursuant to Article One of this ordinance.

(Ord. No. 663, § 11, 11-13-78)

(14-208) A vote of three-fourths of the city council is required in order to adopt proposed amendments that have been recommended for disapproval by the Groves City Planning and Zoning Commission or to adopt proposed amendments that have been recommended for approval by the Groves City Planning and Zoning Commission against which a written protest has been filed with the city secretary, duly signed and acknowledged by any one (1) of the following:

(1)

The owners of twenty (20) per cent of the land included in the proposed amendment.

(2)

The owners of twenty (20) per cent of the land immediately adjacent to the land included in the proposed amendment and extending two hundred (200) feet therefrom.

(3)

The owners of twenty (20) per cent of the land directly opposite the land included in the proposed amendment and two hundred (200) feet from the street frontage of such opposite land.

(Ord. No. 663, § 11, 11-13-78)

(14-209) Effect of denial of application. In case an application for amendment to the zoning ordinance is denied by the city council, said application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the Groves City Planning and Zoning Commission, to be eligible for consideration within one (1) year of the denial of the original application.

(Ord. No. 663, § 11, 11-13-78)

Editor's note— Ord. No. 663, § 12, enacted Nov. 13, 1978 repealed former § 14-300, derived from Ord. No. 431, enacted June 8, 1970, pertaining to the actions by the city council; public hearings; required vote; application approval or denial.