(a)   This Zoning Code may be amended utilizing the procedures specified in this chapter.

   (b)   Whenever the public health, safety, comfort, prosperity and/or general welfare require, Council may, by ordinance, amend, supplement, change and/or repeal this Zoning Code (after receipt of recommendations on the modification from the Planning Commission and subject to procedures provided by law).

(Ord. 186-91. Passed 10-15-92.)

   Amendments to this Zoning Code may be initiated by the adoption of a motion by the Planning Commission, by resolution to amend by Council, or by the filing of an application to amend by at least one owner or lessee of property. Any such resolution or application shall be transmitted to the Planning Commission for its recommendation.

(Ord. 186-91. Passed 10-15-92.)

   An application to amend that requests a zoning change, also known as an amendment to the Official Zoning Map (adopted as part of this Zoning Code by Section 1248.03), shall contain at least the following information:

   (a)   The name, address and telephone number of the applicant;

   (b)   The proposed amending ordinance, approved as to form by the Law Director;

   (c)   A statement of the reasons for the proposed amendment;

   (d)   The present use;

   (e)   The present zoning district;

   (f)   The proposed use;

   (g)   The proposed zoning district;

   (h)   A vicinity map at a scale of one inch equals 200 feet that shows at least 1,000 feet in all directions from the property and locates property lines, thoroughfares and existing and proposed zoning;

   (i)   A list of owners of property (and their mailing addresses) that has any lot line located within 200 feet of any property line of the parcel proposed to be rezoned, and any other persons (as determined by the Zoning Administrator) who may have a substantial interest in the case; and

   (j)   A fee, as established by Council.

(Ord. 186-91. Passed 10-15-92.)

   Applications for amendments proposing to change, supplement, correct and/or repeal any portion of this Zoning Code, other than the Official Zoning Map, shall contain at least the following information:

   (a)   The name, address and telephone number of the applicant;

   (b)   The existing wording and the proposed amending wording, approved as to form by the Law Director;

   (c)   A statement of the reason for the proposed amendment; and

   (d)   A fee, as established by Council.

(Ord. 186-91. Passed 10-15-92.)

   The fee charged for amendments to the Zoning Code text shall be waived for amendments initiated by the Council.

(Res. 191-00. Passed 9-21-00.)

   (a)   Upon receipt of an application to amend this Zoning Code by changing, supplementing, correcting and/or repealing any portion thereof, the Planning Commission shall schedule a public hearing. Said hearing shall be held not more than seventy-five days nor less than one Planning Commission meeting from the date of filing of the application with the Zoning Administrator.

   (b)   Notice of the public hearing provided for in subsection (a) hereof shall be given by at least one publication in one or more newspapers of general circulation in the City area. Said notice shall be published at least ten days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing, a general description of the proposed amendment to the Zoning Code and a statement to Council for a final decision. Also, before the Planning Commission holds a public hearing, written notice of the meeting shall be sent to all owners of property that has any lot line located within 200 feet of the proposed zoning change. Notice shall be sent by the Zoning Administrator by first class mail at least ten days before the public hearing and shall be sent to owners of such properties as they appear on the County Auditor's current tax list or the Treasurer's mailing list, and to such other persons as may be specified by the Planning Commission. The failure of the United States Postal Service to deliver the notification as provided in this subsection shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers.

(Ord. 123-94. Passed 4-21-94; Ord. 189-02. Passed 2-6-03; Ord. 201-05. Passed 11-18-05.)

   Before any zoning amendment is approved affecting any land within 300 feet of the centerline of an existing State route or of a proposed new route for which changes are proposed (as described in the certification to local officials by the Ohio Director of Transportation), or within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Commission shall give notice, by registered or certified mail (return receipt requested), to the Director.

   The Commission may proceed as required by law. However, Council shall not approve the amendment for 120 days from the date the notice is received by the Director.

   If the Director notifies the City that the Director shall proceed to acquire the land needed, the City shall refuse to approve the rezoning. If the Director notifies the City that acquisition at this time is not in the public interest, or upon the expiration of the 120-day period (or any extension of the period agreed upon by the Director and the property owner), Council shall proceed as required by law.

(Ord. 186-91. Passed 10-15-92.)

   Within forty-five days from the end of the public hearing as required in Section 1246.05 (unless delayed by the submission to the Ohio Director of Transportation), the Planning Commission shall transmit its recommendation to Council. The Planning Commission may recommend that the amendment be granted as requested, granted with modifications or denied. The written decision of the Planning Commission shall indicate the specific reasons upon which the recommendation is based. A recommendation initiated by the Planning Commission is not required to have a written decision or specific reasons.

(Ord. 186-91. Passed 10-15-92; Ord. 190-02. Passed 2-6-03.)

   (a)   Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing. Such hearing shall be held not more than forty days after the receipt of the recommendation of the Planning Commission.

   (b)   Notice of the public hearing provided in subsection (a) hereof shall be given by Council by at least one publication in one or more newspapers of general circulation in the City area. Such notice shall be published at least thirty days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.

   (c)   Written notice of the hearing shall be sent by first class mail by the Clerk of Council, at least twenty days before the day of the public hearing. The written notice shall be sent to all owners of any property that has any lot line located within 200 feet of any property line of the proposed parcel to be rezoned or redistricted at 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 Council.

   The failure of the United States Postal Service to deliver the notification, as provided in this subsection, shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers, as specified in subsection (b) hereof.

(Ord. 186-91. Passed 10-15-92.)

   Before any ordinance, measure or regulation, or amendments thereto, authorized by Ohio R.C. 713.07 to 713.11, inclusive, may be passed, Council shall hold a public hearing thereon, and shall give at least thirty days notice of the time and place in a newspaper of general circulation in the City. If the ordinance, measure or regulation intends to re-zone or re-district ten or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least twenty days before the date of the public hearing to the owners of property 200 feet 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 as may be specified by Council. The failure of delivery of such notice shall not invalidate any such ordinance, measure or regulation. During such thirty days, the text or copy of the text of such ordinance, measure or regulation, together with the maps or plans, or copies thereof, forming part of or referred to in such ordinance, measure or regulation and the maps, plans and reports submitted by the Planning Commission shall be on file, for public examination, in the office of the Clerk of Council located at 102 South Main Street or in such other office as is designated by Council. No such ordinance, measure or regulation which violates, differs from or departs from the plan or report submitted by the Commission shall take effect unless passed or approved by not less than three-fourths of the membership of Council. No ordinance, measure or regulation which is in accordance with the recommendations, plan or report submitted by the Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members of the elected legislative authority.

(Res. 189-00. Passed 9-21-00.)

   An amendment adopted by Council shall become effective thirty days after the date of such adoption, unless, within the thirty days after the passage of the amending ordinance, there is presented to the Safety-Service Director a petition, signed by a number of qualified voters residing in the City equal to not less than ten percent of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting Council to submit the zoning amendment to the electors of the City for approval or rejection at the next general election.

   No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.

(Ord. 186-91. Passed 10-15-92.)