Perrysburg City Zoning Code
CHAPTER 1285
Changes and Amendments
1285.01 AUTHORITY OF COUNCIL.
Whenever the public necessity, convenience, general welfare or good zoning practices require, City Council may, by ordinance, after receipt of recommendations thereon from the Planning Commission and subject to and in compliance with all applicable statutory provisions of the Charter, amend, supplement or change the regulations, district boundaries or classification of property now or hereafter established by this Zoning Code or its amendments. It shall be the duty of the Planning Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to City Council.
(Ord. 33-2006. Passed 3-7-06.)
1285.02 INITIATION; APPLICATION SUBMISSION AND CONTENTS.
A proposed amendment may be initiated by City Council or the Planning Commission or upon written application of a property owner, lessee, developer or option holder. Applications for any change of district boundaries or classifications of property as shown on the Zoning Districts Map shall be submitted to the Planning Commission at its public office upon such forms and accompanied by such data and information as may be prescribed for that purpose by the Planning Commission to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one (1) of the owners or lessees of property within the area proposed to be reclassified attesting to the truth and correctness of all facts and information presented with the application. Applications for amendments initiated by the Planning Commission shall be accompanied by its motion pertaining to such proposed amendment. Applications shall be submitted to the Planning and Zoning Administrator at least thirty (30) days prior to transmittal to the Planning Commission.
(Ord. 120-2011. Passed 6-21-11.)
1285.03 NAMES AND ADDRESSES OF ADJACENT PROPERTY OWNERS.
Any person desiring a change in the zoning classification of property shall file with the application for such change a statement giving the names and addresses of the owners of all properties lying within two hundred (200) feet of any part of the property the zoning classification of which is proposed to be changed.
(Ord. 33-2006. Passed 3-7-06.)
1285.04 HEARING BY PLANNING COMMISSION; NEWSPAPER PUBLICATION.
Before submitting its recommendation on a proposed amendment to City Council, the Planning Commission shall hold a public hearing thereon, notice of which shall be given by publication in a newspaper of general circulation in the City at least fifteen (15) days before the date of the hearing. The notice shall state the places and times at which the proposed amendment to this Zoning Code, including text and maps, may be examined.
(Ord. 33-2006. Passed 3-7-06.)
1285.05 NOTICE OF PLANNING COMMISSION HEARING TO PROPERTY OWNERS.
In addition to the published notice as previously specified, the Planning Commission shall give notice of the time, place and purpose of public hearings to be held by it on proposed amendments or supplements by mailing a postal card or letter notice, not less than twenty (20) days prior to the date of the hearing, to the owners of all properties lying within two hundred (200) feet of any part of the property proposed to be changed. The failure to notify, as provided in this Chapter, shall not invalidate any recommendations adopted hereunder, it being the intention of this Chapter to provide, so far as possible, due notice to the persons substantially interested in the proposed change in the Zoning District Map or the regulations set forth in this Zoning Code.
(Ord. 33-2006. Passed 3-7-06.)
1285.06 RECOMMENDATIONS OF PLANNING COMMISSION.
The Planning Commission may recommend that the application be granted as requested; it may recommend a modification of the zoning amendment requested in the application; or it may recommend that the application not be granted. These recommendations shall then be certified to City Council not more than thirty (30) days after the hearing.
(Ord. 33-2006. Passed 3-7-06.)
1285.07 HEARING BY COUNCIL; NEWSPAPER PUBLICATION.
After receiving from the Planning Commission the certification of recommendations on the proposed amendment and before adoption of such amendment, City Council shall hold a public hearing thereon, at least thirty (30) days notice of the time and place of which shall be given by publication in a newspaper of general circulation in the City once a week for two (2) weeks. The notice shall state the places and times at which the proposed amendment to this Zoning Code, including text and maps, may be examined.
(Ord. 33-2006. Passed 3-7-06.)
1285.08 NOTICE OF COUNCIL HEARING TO PROPERTY OWNERS.
In addition to the published notice as previously specified, the Clerk of Council shall give notice of the time, place and purpose of public hearings to be held by City Council on proposed amendments or supplements by mailing a first class notice not less than twenty (20) days prior to the date of hearing to the owners of all properties lying within two hundred (200) feet of any part of the property proposed to be changed. The failure to notify as provided in this Chapter shall not invalidate any recommendation adopted hereunder, it being the intention of this Chapter to provide notice to the persons substantially interested in the proposed change that an application is pending before City Council proposing to make a change in the Zoning District Map or the regulations set forth in this Zoning Code.
(Ord. 33-2006. Passed 3-7-06.)
1285.09 ACTION BY COUNCIL.
After receiving from the Planning Commission certification of the recommendations on the proposed amendment and after holding the above public hearing, City Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of this Zoning Code or the Zoning District Map.
(Ord. 33-2006. Passed 3-7-06.)
1285.10 APPLICATION FEES; REFUND.
(a) At the time that an application for a change of zoning districts is filed with the Planning Commission as provided herein, the applicant shall deposit with the City a fee to cover investigation, legal notices and other expenses incidental to the determination of such matter. Such fee shall be charged for each separate parcel or tract. Such sum so deposited shall be credited to the General Fund. The amount of such fee shall be determined from time to time by City Council.
(b) In the event that the Planning Commission disapproves the application and the petitioner elects not to have the same certified to City Council, a refund of one-half ( ½ ) of the fee required hereof should be made to the petitioner by the Clerk of Council, provided that the Clerk of Council is notified of such decision by the petitioner/applicant within thirty (30) days from the time of the action taken by the Planning Commission.
(Ord. 33-2006. Passed 3-7-06.)
1285.11 ZONING OF NEWLY ANNEXED AREAS.
Whenever any areas are annexed to the City, the newly-annexed land must be given a temporary zoning classification in accordance with the following procedure:
(a) If the land is zoned before being annexed to the City, the land shall be placed into the zoning classification that most closely matches the zoning classification that existed prior to annexation. At the first Planning Commission meeting following annexation, the Planning Commission shall recommend to City Council the permanent zoning classification most appropriate to such land.
(b) If the land was not zoned before being annexed to the City, the land shall be temporarily placed in the “A-1” zoning classification immediately upon annexation to the City. At the first Planning Commission meeting following annexation, the Planning Commission shall recommend to City Council the permanent zoning classification most appropriate to such land.
(Ord. 33-2006. Passed 3-7-06; Ord. 155-2007. Passed 10-2-07.)