(a)   Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may by ordinance, after receipt of recommendation thereon from the Planning Board, and subject to procedures provided for the passage of ordinances in the Charter of the City, amend, supplement, change or repeal the regulations, restrictions, boundaries or classifications of property, set forth in this Zoning Code.

   (b)   Council may also take such action as it deems appropriate which is at variance with a recommendation of the Planning Board, provided such action is approved by at least five votes of the members of Council.

(Ord. 82-38. Passed 9-20-82; Ord. 03-12. Passed 6-2-03.)

   An amendment to this Zoning Code may be initiated in one of the following ways:

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

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

   (c)   By the filing of an application with the Planning Board by at least one owner or lessee of property within the area proposed to be changed or affected by such amendment.

(Ord. 82-38. Passed 9-20-82.)

   The application for amendment provided for in Section 1242.02 shall contain at least the following:

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

   (b)   The proposed amendment to the text or a legal description;

   (c)   The present use;

   (d)   The present zoning district;

   (e)   The proposed use;

   (f)   The proposed zoning district;

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

   (h)   A list of all property owners within 200 feet of, contiguous to and directly across the street from, the parcel to be affected by the amendment and others who may have a substantial interest in the case;

   (i)   A statement as to how the proposed amendment relates to the Comprehensive Plan; and

   (j)   A fee established by Council.

(Ord. 82-38. Passed 9-20-82.)

   Immediately after the adoption by Council of a resolution to amend this Zoning Code, or the filing of an application to amend such Code by at least one owner or lessee of property, such resolution or application shall be referred to the Planning Board.

(Ord. 82-38. Passed 9-20-82.)

   Before a 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 Director of the Ohio Department of Transportation, or within a radius of 500 feet from the point of intersection of such centerline with a public road or highway, the Planning Board shall give notice to the Director. The Board may proceed as required by law; however, Council shall not approve the amendment for sixty days, or for 120 days if an additional sixty days are requested by the Director, but not more than a total of 120 days from the date the notice is received by the Director.

   If the Director notifies the Municipality that he or she intends to proceed to acquire the land, then the Municipality shall refuse to approve the rezoning. If the Director notifies the Municipality that acquisition at the time is not in the public interest, or upon the expiration of the sixty or 120-day period or any extension thereof agreed upon by the Director and the property owner, Council shall proceed as required by law.

(Ord. 82-38. Passed 9-20-82.)

   The Planning Board may schedule a public hearing after the adoption of a motion, transmittal of a resolution from Council or the filing of an application, for a zoning amendment. Such hearing shall be not less than thirty days from the date of the receipt of such motion, transmittal of such resolution or the filing of such application.

(Ord. 82-38. Passed 9-20-82.)

   (a)   In Newspapers. Before holding the public hearing provided for in Section 1242.06, notice thereof shall be given by the Planning Board by at least one publication in one or more newspapers of general circulation in the Municipality at least seven days before the date of such hearing. Such notice shall set forth the time and place of the hearing, the nature of the proposed amendment and a statement that after the conclusion of such hearing the matter will be referred to Council for further determination.

    (b)   To Property Owners. 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 Board, by first class mail, at least seven days before the date of the hearing, to all owners of property within 500 feet of, contiguous to and directly across the street from, the area proposed to be rezoned or redistricted. Such notice shall be mailed to the addresses of such owners as they appear on the County Auditor's current tax list, the Director of Finance's mailing list or such other lists as may be specified by Council. The notice shall contain the same information as required of the notice required in subsection (a) hereof.

(Ord. 82-38. Passed 9-20-82; Ord. 10-47. Passed 12-6-10.)

   (a)   Within thirty days after the public hearing provided in Section 1242.06, the Planning Board shall recommend to Council that the amendment be granted as requested, or it may recommend that the amendment not be granted. The Board shall transmit its recommendation to Council.

   (b)   The applicant for the zoning amendment shall demonstrate clearly that the request for a change of zoning is based upon and meets at least one of the following conditions:

      (1)   A manifest error in the original Official Zoning Map and/or delineations on such Map;

      (2)   Accordance with, or more appropriate conformance to, the Comprehensive Plan and its relative priorities;

      (3)   A substantial change in area conditions; or

      (4)   A legitimate requirement for additional land area for the particular zoning district.

   (c)   In the case of a change on the Official Zoning Map, the Board shall not consider favorably any petition which would result in a total contiguous area, separated only by highways and roads and excluding the area of such highways and roads, of less than the acreage minimums specified as the minimum size requirement for individual zoning districts in this Zoning Code.

(Ord. 82-38. Passed 9-20-82.)

   Upon receipt of the recommendation from the Planning Board provided for in Section 1242.08, Council shall schedule a public hearing. Such hearing shall be held not more than forty days after the date of receipt of the recommendation from the Board.

(Ord. 82-38. Passed 9-20-82.)

   (a)   In Newspapers. Notice of the public hearing required in Section 1242.09 shall be given by Council by at least one publication in one or more newspapers of general circulation in the Municipality. Such notice shall be published at least thirty days before the date of the hearing. The notice shall set forth the time and place of the hearing and a summary of the proposed amendment.

   (b)   To Property Owners. 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 first class mail, at least twenty days before the day of the hearing, to all owners of property within 500 feet of, contiguous to and directly across the street from, the area proposed to be rezoned or redistricted. Such notice shall be mailed to the addresses of such owners as they appear on the County Auditor's current tax list, the Director of Finance's mailing list and such other lists as may be specified by Council. The failure to deliver such notice shall not invalidate the amendment. The notice shall contain the same information as required in the notice required in subsection (a) hereof.

(Ord. 82-38. Passed 9-20-82; Ord. 10-47. Passed 12-6-10.)

   (a)   Within thirty days after the public hearing required by Section 1242.10, Council shall either adopt or deny the recommendation of the Planning Board or adopt some modification thereof in accordance with Section 4.14 of the City Charter.

(Ord. 88-35. Passed 11-21-88.)

   (b)   The applicant shall demonstrate clearly that the request for a change of zoning is based upon and meets at least one of the following conditions:

      (1)   A manifest error in the original Official Zoning Map and/or delineations on such Map;

      (2)   Accordance with, or more appropriate conformance to, the Comprehensive Plan and its relative priorities;

      (3)   A substantial change in area conditions; or

      (4)   A legitimate requirement for additional land area for the particular zoning district.

   (c)   In the case of a change on the Official Zoning Map, Council shall not consider favorably any petition which would result in a total contiguous area, separated only by highways and roads and excluding the area of highways and roads, of less than the acreage minimums specified as the minimum size requirement for individual zoning districts in this Zoning Code.

(Ord. 82-38. Passed 9-20-82.)

   A zoning amendment adopted by Council shall become effective thirty days after the date of such adoption unless, within such thirty days, there is presented to the Municipal Clerk a petition, signed by a number of qualified voters residing in the Municipality equal to not less than ten percent of the total vote cast for all candidates for Governor 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 Municipality 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. 82-38. Passed 9-20-82.)