Whenever the public necessity, convenience, general welfare or good zoning practice requires it, Council may, by ordinance, after receipt of a recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property set forth in this Zoning Code. (Ord. 2712. Passed 8-1-78.)

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

   (a)   By adoption of a motion by the Planning Commission;

   (b)   By adoption of a resolution or motion by Council;

   (c)   By the filing of an application by at least one owner or agent of property within the area proposed to be changed or affected by said amendment.

   (d)   Incidental Planning and Zoning Code Amendments. Incidental amendments to the Zoning Code text may be made by the City Planner or his/her designee without the adoption of a motion by the Planning Commission or City Council provided all of the following criteria are met:

      (1)   The incidental amendment(s) do not change, nullify, modify, or alter the explicit or intended meaning of the text;

      (2)   The incidental amendment(s) are limited to the correction or removal of misspelled words, duplicative words, misplaced or misused punctuation marks, excessive spacing between lines of text, excessive spacing between individual words, incorrect indentation of lines of text, pagination errors, incorrect section or table references, or errors in the sequencing of subsection letters, numbers, or symbols; and

      (3)   The incidental amendment(s) shall be reviewed and approved by the Law Director.

(Ord. 2712. Passed 8-1-78; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20.)

   (a)   Applications for amendments to the Official Zoning Map, adopted as part of this Zoning Code by Section 1240.04, shall contain at least the following information:

      (1)   The name, address and phone number of the applicant.

      (2)   The present use.

      (3)   The present zoning district.

      (4)   The proposed use.

      (5)   The proposed zoning district.

      (6)   A vicinity map at a scale approved by the Zoning Inspector showing property lines, thoroughfares, existing and proposed zoning and such other items as the Zoning Inspector may require.

      (7)   A list of all property owners and their mailing addresses who are within, contiguous to and directly across the street from the parcel(s) proposed to be rezoned, and others that may have a substantial interest in the case, except that addresses need not be included where more than one parcel is to be rezoned.

      (8)   Response to all pertinent questions contained within the application form.

   (b)   Such applications shall be accompanied by a fee established by Council according to Section 1232.11.

   (c)   Applications for amendments proposing to amend, supplement, change or repeal portions of this Zoning Code, other than the Official Zoning Map, shall include, in addition to the proposed amending ordinance, approval as to form, by the Law Director, of paragraphs (a)(1), (2) and (8) and subsection (b) hereof.

(Ord. 2712. Passed 8-1-78.)

   Each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses or regulations shall be referred to the Planning Commission immediately after its first reading. Within 60 days of such referral, the Planning Commission shall cause such ordinance or resolution to be returned to the Clerk of Council, together with the written recommendations of the majority of the members of such Commission.

   No such ordinance or resolution which violates, differs from or departs from the written recommendation of the Planning Commission shall take effect unless passed and approved by a vote of not less than two-thirds of all members elected to Council.

(Ord. 2712. Passed 8-1-78; Ord. 6333. Passed 8-21-12.)

   Before any zoning amendment is approved affecting any land within 300 feet of the centerline of a proposed new highway or a highway 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 said centerline with any public road or highway, the Planning Commission shall give notice by registered or certified mail to the said 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 he or she shall proceed to acquire land needed, then 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 thereof agreed upon by the Director and the property owner, Council shall proceed as required by law.

(Ord. 2712. Passed 8-1-78.)

   The Mayor or other presiding officer of Council shall set a date for a public hearing on each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses or regulations, which hearing shall be after the thirty-day period provided in Section 1238.04 within which the Planning Commission is required to return its written recommendations to the Clerk of Council.

(Ord. 2712. Passed 8-1-78.)

   The Clerk of Council shall cause a notice of the public hearing to be published one time in a newspaper determined by Council to be of general circulation within the City. Said notice shall be published at least fifteen 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. (Ord. 2712. Passed 8-1-78.)

   If the proposed amendment intends to rezone or redistrict 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 certified mail, return receipt requested, at least fifteen days before the day of the public hearing, to all owners of property within, contiguous to, and directly across the street from, such area proposed to be rezoned or redistricted, to the address 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 to deliver the notification, as provided in this section, shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1238.07.

(Ord. 2712. Passed 8-1-78.)

   After the public hearing required by Section 1238.06, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event that Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than two thirds of the full membership of Council.

(Ord. 2712. Passed 8-1-78.)

   The amendment adopted by Council shall become effective thirty days after the date of such adoption, unless within thirty days after the passage of the ordinance, there is presented to the City Clerk 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. 2712. Passed 8-1-78.)

   All land annexed to the City subsequent to the adoption of this Zoning Code shall remain subject to the previous County or Township zoning district until such time as the Official Zoning Map is amended according to the provisions of this chapter.

(Ord. 2712. Passed 8-1-78.)