Amendments or supplements to the Zoning Code shall be made in accordance with the provisions of this chapter.

(Ord. 2000-128. Passed 12-6-00.)

   Whenever the public necessity, convenience or general welfare require, Council may, by ordinance after receipt of recommendation thereon from the Planning Commission and subject to procedures provided below, amend, supplement, change or repeal the regulations, restrictions and boundaries or classifications of property.

(Ord. 2000-128. Passed 12-6-00.)

   Amendments to the Zoning Code text may be initiated in one of the following ways:

   A.   By adoption of a motion by the Planning Commission;

   B.   By adoption of a motion by Council for the Planning Commission recommendation.

(Ord. 2000-128. Passed 12-6-00.)

   Amendments to the Zoning Map may be initiated in one of the following ways:

   A.   By adoption of a motion by the Planning Commission;

   B.   By adoption of a motion by Council for the Planning Commission recommendation;

   C.   By application by a property owner of record.

(Ord. 2000-128. Passed 12-6-00.)

   The application shall be signed by the applicant or the applicant's agent attesting to the truth and exactness of all information supplied by the application provided that an individual signing as the applicant's agent shall furnish proof of his authority to act for the applicant. At a minimum the application shall contain the following information:

   A.   Name, address and phone number of applicant;

   B.   Proposed amendment to the text or a survey of the property proposed to be rezoned;

   C.   Present use;

   D.   Present zoning district;

   E.   Proposed use including any plans that the applicant has developed;

   F.   Proposed zoning district;

   G.   A vicinity map at a scale of not less than 1 " = 100' showing property lines, streets, existing and proposed zoning existing use of all buildings and the principal use of all properties within 300 feet of such land and such other items as the Building Commissioner may require and;

   H.   A fee as established by Council.

   Such other information regarding the property, proposed use or surrounding area as may be pertinent to the application or required for appropriate action by the Planning Commission.

(Ord. 2000-128. Passed 12-6-00.)

   Following the request for consideration of a Zoning Code text or Map amendment by Council or following the filing of a Zoning Map amendment application by at least one owner of property such, motion or application shall be transmitted to the Planning Commission.

(Ord. 2000-128. Passed 12-6-00.)

   The Planning Commission shall, after its adoption of a motion with respect to a text or Map change, or after receipt of a transmittal pursuant to Section 1268.06, hold a public hearing to consider the zoning text or Map amendment.

(Ord. 2000-128. Passed 12-6-00.)

   Before holding the public hearing provided in Section 1268.07, notice of such hearing shall be given by the Planning Commission by publication of a notice in a newspaper of general circulation in the City at least once, fifteen (15) days prior to the meeting. This notice shall set forth the time and place of the public hearing and the nature of the proposed amendment.

(Ord. 2000-128. Passed 12-6-00.)

   Written notice of the Map amendment hearing shall be mailed by first class mail or hand delivered at least ten (10) days before the date of the hearing of Map amendments, to all owners of property within 300 feet of such area proposed to be rezoned or redistricted and to the owners of property located appearing in the records of the County Recorder, or by the posting of a sign on the property indicating the time and place of the public hearing and the nature of the proposed amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1268.08.

(Ord. 2000-128. Passed 12-6-00.)

   Recommendations made only by the Planning Commission shall be considered for Map amendments. All recommendations by the Planning Commission for Zoning Map amendments shall be consistent with the City of Maple Height's adopted plans, goals, and policies and with the intent of this Code.

   A.   Prior to making a recommendation on a proposed rezoning, the Planning Commission shall make a finding to determine if the following conditions exist. No rezoning of land shall be approved prior to specific documents finding at least one (1) of the following:

      1.   There has been a change in demand for land which alters the information upon which the Zoning Map is based.

      2.   A study indicates that there has been an increase in the demand for land in the requested zoning district, and as a result, the supply of land within the City of Maple Heights mapped as such on the Zoning Map, is inadequate to meet the demands for such development.

      3.   Proposed uses cannot be accommodated by sites already zoned in the City due to lack of transportation or utilities or other development constraints, or the market to be served by the proposed use cannot be effectively served by the location of the existing zoning district.

      4.   There is an error in the Code text or Zoning Map as enacted.

   B.   No residentially zoned district shall be rezoned to a non-residential district unless such proposed rezoning site is contiguous to land in the proposed zoning district classification.

   C.   In addition to the findings required to be made by subsection B., findings shall be made by the Planning Commission on each of the following matters based on the evidence presented.

      1.   The extent to which the proposed amendment and proposed use are in compliance with and deviate from adopted plans, goals and policies.

      2.   The suitability of the property in question for the uses permitted under the proposed zoning.

      3.   The adequacy of public facilities such as transportation, utilities, and other required public services to serve the proposed use.

      4.   The effect of the proposed rezoning on surrounding uses.

      5.   The effect of the proposed rezoning on the economic viability of existing developed and vacant land within the City.

   The Planning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and not solely for the interest of the application.

(Ord. 2000-128. Passed 12-6-00.)

   After the close of the public hearing provided in Section 1268.07, the Planning Commission shall recommend to Council, in a time period no longer than thirty (30) days, that the amendment be granted, as requested, or it may recommend a modification of the amendment requested or it may recommend the amendment not be granted. The Planning Commission shall transmit its recommendation to Council.

   If the Commission fails to act within sixty (60) days from the receipt of the amendment application, it shall be deemed to have approved such amendment.

(Ord. 2000-128. Passed 12-6-00.)

   Upon receipt of the recommendation from the Planning Commission, or after a thirty (30) day period of inaction by the Commission after the close of the Planning Commission public hearing, Council shall schedule a public hearing.

   Thirty (30) days prior to the public hearing by Council, the text or copy of the text of such ordinance, measure or regulation and the maps, plans and reports submitted by the Commission shall be on file, for public examination, in the office of the Clerk of Council.

(Ord. 2000-128. Passed 12-6-00.)

   Notice of the public hearing required in Section 1268.12 shall be given by publication of a notice in a newspaper of general circulation in the City. Such notice shall be published at least thirty (30) days before the date of the public hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.

(Ord. 2000-128. Passed 12-6-00.)

   Written notice of the hearing shall be mailed by the Clerk of Council by first class mail or hand delivery at least ten (10) days before the day of the hearing to all owners of property within such area proposed to be rezoned or redistricted and to the owners of property located within 300 feet in any direction of the area to be rezoned or by the posting of a sign on the property indicating the time and place of the public hearing and the nature of the proposed amendment. Such notice shall be sent to the address of such owners appearing in the records of the County Recorder. The failure to mail or deliver the notification as provided in this Code shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1268.13.

(Ord. 2000-128. Passed 12-6-00.)

   Council may approve in whole or in part, by majority vote of its membership, the recommendations submitted by the Commission. Any provision or any ordinance, resolution or order disapproved by formal action of the Commission shall require concurrence of the five members elected to Council for adoption or authorization. Final action on the amendment must be taken within thirty (30) days of the close of Council's public hearing; failure to take action within such thirty (30) day period shall constitute disapproval.

(Ord. 2000-128. Passed 12-6-00.)