This code text or map may be amended utilizing the procedures specified in this chapter.

(Ord. 2003-51, passed 5-20-03)

   Whenever the public necessity, convenience or general welfare require, Council may, by ordinance, and 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. 2003-51, passed 5-20-03)

   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. 2003-51, passed 5-20-03)

   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. 2003-51, passed 5-20-03)

   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 or her 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 250 feet of such land and such other items as the Zoning Administrator may require; and

   (H)   A fee as established by Council.

(Ord. 2003-51, passed 5-20-03)

   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. 2003-51, passed 5-20-03)

   The Planning Commission shall, after its adoption of a motion with respect to a text or map change, hold a public hearing to consider the zoning text or map amendment.

(Ord. 2003-51, passed 5-20-03)

   Before holding the public hearing provided in § 1298.07, 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, 20 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. When the proposed action has been initiated by the city, the city shall provide at its cost the said notice. When the proposed action has been initiated by a party other than the city, the initiating party shall provide at its cost for the publication of the said notice and shall provide, on or before the date of the hearing, an affidavit confirming compliance with the provisions of this section, which said affidavit shall have attached thereto a "proof of publication" form by the publishing newspaper.

(Ord. 2003-51, passed 5-20-03; Am. Ord. 2004-103, passed 11-16-04)

   (A)   Written notice of the public hearings involving a map amendment shall be provided to the owner or owners of real property within the area to be rezoned or otherwise changed by the map amendment and to the owner or owners within 250 feet in any direction of the boundaries of the property to be changed by the map amendment. For the purposes of this section, the words OWNER and OWNERS shall mean those persons appearing on the county’s current tax duplicate as the owner or owners of fee simple title to the said properties. Such written notice shall be provided at least 20 days prior to the date of the hearing by hand delivery, or by posting same by prepaid ordinary U.S. Mail, at the address listed upon the said tax duplicate for each owner. The written notice shall contain the same information as required of notices published in newspapers as specified in § 1298.08.

   (B)   Notice of proposed zoning map changes affecting more than ten properties shall be made by publication (legal ad), in compliance with the Ohio Revised Code.

   (C)   When the proposed map amendment has been initiated by the city, the city shall provide, at its cost, the hand or postal delivery provided hereinabove. When the proposed map amendment has been initiated by a party other than the city, the initiating party shall provide, at its cost, the hand or postal delivery provided hereinabove and shall file with the Planning Commission on or before the date of the said hearing an affidavit confirming compliance with the provisions of this section.

   (D)   The failure to hand deliver or mail the notice provided by this section shall not, however, invalidate any action of Planning Commission and/or City Council on this said map amendment.

(Ord. 2003-51, passed 5-20-03; Am. Ord. 2004-103, passed 11-16-04)

   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’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 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 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 the site proposed for rezoning is contiguous to land in the proposed zoning district classification.

   (C)   (1)   In addition to the findings required to be made by division (A), findings shall be made by the Planning Commission on each of the following matters based on the evidence presented.

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

         (b)   The suitability of the property in question for the uses permitted under the proposed zoning.

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

         (d)   The effect of the proposed rezoning on surrounding uses.

         (e)   The effect of the proposed rezoning on the economic viability of existing developed and vacant land within the city.

      (2)   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 applicant.

(Ord. 2003-51, passed 5-20-03)

   After the close of the public hearing, the Planning Commission shall recommend to Council, in a time period no longer than 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.

(Ord. 2003-51, passed 5-20-03)

   Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing.

(Ord. 2003-51, passed 5-20-03)

   (A)   Notice of the public hearing required in § 1298.12 shall be given by publication of a notice in a newspaper of general circulation in the city. Such notice shall be published at least 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.

   (B)   When the proposed action has been initiated by the city, the city shall at its cost provide the publication of the said notice. When the proposed action has been initiated by a party other than the city, the initiating party shall provide at its cost the publication of the said notice and shall provide, on or before the date of the hearing, an affidavit confirming compliance with the provisions of this section, which said affidavit shall have attached thereto a "proof of publication" form provided by the publishing newspaper.

(Ord. 2003-51, passed 5-20-03; Am. Ord. 2004-103, passed 11-16-04)

   (A)   Written notice of the map amendment hearing involving a map amendment shall be provided to the owner or owners of the real property within the area to be rezoned or otherwise changed by the map amendment and to the owner or owners within 250 feet in any direction of the boundaries of the property to be changed by the map amendment. For the purposes of this section, the words OWNER and OWNERS shall mean those persons appearing on the county’s current tax duplicate as the owner or owners of fee simple title to the said properties. Such written notice shall be provided at least 20 days prior to the date of the hearing by hand delivery, or by posting same by prepaid ordinary U.S. Mail, at the address listed upon the said tax duplicate for each owner. The written notice shall contain the same information as required of notices published in newspapers as specified in § 1298.13.

   (B)   Notice of proposed zoning map changes affecting more than ten properties shall be made by publication (legal ad), in compliance with the Ohio Revised Code.

   (C)   When the proposed map amendment has been initiated by the city, the city shall provide at its cost the hand or postal delivery provided hereinabove. When the proposed map amendment has been initiated by a party other than the city, the initiating party shall provide at its cost the hand or postal delivery provided hereinabove and shall file with the Clerk of Council on or before the date of the said hearing an affidavit confirming compliance with the provisions of this section.

   (D)   The failure to hand deliver or mail the notice provided by this section shall not, however, invalidate any action of Council on the said map amendment.

(Ord. 2003-51, passed 5-20-03; Am. Ord. 2004-103, passed 11-16-04)

   Council may approve, or disapprove, the recommendation of Planning Commission by a simple majority. Council may modify the recommendation of Planning Commission by a vote of not less than three-fourths majority of the full membership of Council. Final action on the amendment must be taken within 30 days of the close of Council's public hearing; failure to take action within such 30 day period shall constitute disapproval.

(Ord. 2003-51, passed 5-20-03)

   If Council does not grant a public hearing for a zone change or, if upon a public hearing a zone change ordinance is not passed by Council, the applicant, or any other person seeking the zone change in reference to the same property, shall not be permitted to apply for a zone change for at least six months. If the applicant is refused the zone change upon application after the expiration of the six month period, no new application from him or her shall be considered until the expiration of one year from the date of the second refusal.

(Ord. 2003-51, passed 5-20-03)