Kirtland Hills City Zoning Code
CHAPTER 1169
Amendments
1169.01 INITIATION.
The Council may, whenever the public necessity, convenience, general welfare, or good zoning practice requires, amend this Zoning Ordinance in any respect provided that such amendment is in conformity with the provisions of this chapter and the Charter. Amendments may be initiated either by motion of Council or by petition of a property owner.
(Ord. 3-89-05. Passed 3-1-89.)
1169.02 APPLICATION.
Requests for amendments by property owners shall be filed in writing with the Clerk- Treasurer. Requests for rezoning or reclassification of property shall include the following:
(a) A legal description of the property to be rezoned or reclassified;
(b) The name, address, and phone number of the applicant;
(c) A statement indicating the basis or justification for the rezoning;
(d) A description of the proposed use of the property;
(e) Evidence of ownership.
There shall be a fee for the consideration and advertising of each request for the rezoning or reclassification of land that is submitted by or on behalf of a property owner. The amount of said fee shall be as set forth in the official schedule of fees as adopted from time to time by Council. (Ord. 3-89-05. Passed 3-1-89.)
1169.03 REFERRAL TO PLANNING AND ZONING COMMISSION.
No amendment regardless of how initiated shall be passed by Council unless it has first been submitted to the Planning and Zoning Commission for consideration and a report has been received from the Commission. The Commission shall be permitted a reasonable time to review the amendment and prepare a recommendation, which time shall not be less than thirty days.
In acting upon a request for rezoning or reclassification initiated by petition of a property owner, the Commission need not confine its recommendation to the proposed amendment as set forth in the petition, 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, good zoning practice, and will further the purposes of this Zoning Ordinance.
Council may adopt, reject, or adopt with modifications the recommendation of the Commission. (Ord. 3-89-05. Passed 3-1-89.)
1169.04 PUBLIC HEARING AND NOTICE.
Upon receipt of the recommendation from the Planning Commission and prior to the adoption of any amendment, Council shall schedule a public hearing on the proposed amendment and shall cause notice of the time and place of said hearing to be given by:
(a) Publication on the Village’s website, or by posting of such notice in the five places within the Village provided for posting of Ordinances and Resolutions, the first publication or posting of said notice shall be made at least twenty (20) days prior to the hearing;
(b) Written notice to the owners of property contiguous to and directly across the street from any property to be rezoned, which notice shall be by hand delivery or by first class mail to the addresses of such owners as shown on the current tax list at least twenty days prior to the hearing.
(Ord. 3-89-05. Passed 3-1-89; Ord. 6-24-01. Passed 8-12-24.)