Springboro City Zoning Code
CHAPTER 1287
Amendments
1287.01 GENERAL REQUIREMENTS.
(a) 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 the procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property set forth in this Zoning Code. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments to Council.
(b) There is hereby adopted in and for the City a sensible "good neighbor" policy, whereby notification of proceedings concerning Municipal land use planning and rezoning shall be given to all property owners who own properties located within the immediate neighborhood, being located within 300 feet of the subject property, regardless of what jurisdiction these neighboring properties are located within, and also to any local governmental jurisdiction whose boundaries are located within 300 feet of the subject property, which notifications shall be mailed to the respective owners and jurisdictions which so qualify, so that their comments and concerns can be considered in land use and zoning decisions which concern property located within such close proximity to such other jurisdictions. It is hoped that this policy of cooperation will also be adopted by all of the City's neighboring jurisdictions so as to help create a more cooperative environment within which better, more coordinated land use decisions can be made.
(Ord. 0-15-4. Passed 2-19-15.)
1287.02 INITIATION OF AMENDMENTS.
Amendments to the Zoning Code text and the rezoning of property may be initiated by:
(a) Motion of the Planning Commission; or
(b) Adoption of a resolution by Council and certification to the Planning Commission; or
(c) Filing of an application with the Director of Planning or Department of Planning and Zoning.
Zoning Code text amendments may be proposed by any governmental body or any interested person or organization. The rezoning of property may be proposed by any governmental body, any person having a freehold interest in the subject property, or by the designated agent of a person having a freehold interest in the property.
(Ord. 0-15-4. Passed 2-19-15.)
1287.03 PROCEDURES FOR CHANGES IN DISTRICTS AND AMENDMENT OF ZONING CODE GENERALLY.
(a) Applications for the rezoning of property as shown on the Zoning Map shall be submitted to the Planning Commission at its public office, upon such forms as the Commission provides, and shall be accompanied by such data and information as may be prescribed for that purpose by the Commission, so as to ensure the fullest practical presentation of facts for the permanent record. Each proposal for a zone change shall be accompanied by a reproducible vicinity map, at a scale approved by the Zoning Inspector, showing the property lines, streets and existing and proposed zoning. Each such application shall be verified by at least one 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 applications. Applications for amendments initiated by the Commission shall be accompanied by its motion pertaining to such proposed amendment.
(b) The procedure for the amendment of this Zoning Code text shall be as set forth in this Chapter.
(c) When an application for rezoning has been denied, a second application for an identical change in zoning may not be filed for a period of 2 years from the date of which the prior request was denied. (Ord. 0-15-4. Passed 2-19-15.)
1287.04 APPLICATION FEES.
At the time an application for rezoning is filed with the Planning Commission, as provided in Chapter 1287, a fee in the amount as set forth in the Fee Schedule in Section 1464.05 of Chapter 1464 of the Building and Housing Code of the Codified Ordinances shall be paid to the Zoning Inspector, who shall deliver the same to the Director of Finance, to cover the cost of investigation, legal notices and other expenses incidental to the determination of the zoning change. Such fee shall be for one lot or part of one lot. Such additional lot or part of a lot to be adjacent to each other. When the rezoning is initiated by the City or by a property owner at the request of the City, Council may waive the application fee. Such sums so deposited shall be credited to the General Fund of the City.
(Ord. 0-15-4. Passed 2-19-15; Ord. O-24-6. Passed 3- 7-24.)
1287.05 PLANNING COMMISSION REVIEW AND RECOMMENDATION.
(a) Review Considerations. The Planning Commission and Council shall, at minimum, determine the following before approving any proposed amendment:
(1) That the proposed amendment is in accordance with the basic intent and purpose of the Zoning Code.
(2) That the proposed amendment will further the long range planning goals of the City.
(3) That conditions have changed since the Zoning Code was adopted, or there was a mapping error of the Zoning Map, that justify the amendment.
(4) If a rezoning is requested, all requirements in the proposed zoning classification shall be complied with on the subject parcel(s).
(b) Planning Commission Recommendation: The Planning Commission shall have no more than 120 days from the date of referral of any amendment application to submit a written recommendation and report to Council approving, approving with modification, or disapproving the amendment requested. The report shall set forth the facts and circumstances that support the recommendation. (Ord. 0-15-4. Passed 2-19-15.)
1287.06 PUBLIC HEARING BY CITY COUNCIL.
Before any amendment to the Zoning Code text or Zoning Map may be passed, City Council shall hold a Public Hearing, within 120 days from date of receipt of recommendation from the Planning Commission. Such hearing shall be publicized as follows:
(a) Newspaper. Written notice shall be placed in a newspaper of general circulation in Springboro at least 30 days prior to the date of the Public Hearing, stating the time, place of hearing and general nature of the amendment(s) proposed and that copies of the proposed amendment(s) and Zoning Code shall be on file with the City for public examination.
(b) Mail Notification. If the amendment proposed is intended to rezone 10 or fewer parcels as listed on the tax duplicate, written notice of the hearing shall also be mailed by the Clerk by first class mail at least 20 days before the date of the Public Hearing to the owners of the property within, contiguous to, and directly across the street from the area proposed to be rezoned to the address of such owners appearing on the County Auditor's current tax list, or the Treasurer's mailing list or any other lists that may be specified by Council.
(c) Delivery Failure. The failure of mail delivery of such notice shall not invalidate any such amendment.
(d) Posting Places. The notice of Public Hearing shall be publicized according to the provisions of Section 224.01, Posting Places.
(Ord. 0-15-4. Passed 2-19-15.)
1287.07 ACTION BY CITY COUNCIL.
When the Planning Commission makes a recommendation to City Council for a change in, or addition to, any Zoning Code text provision or an amendment to the Zoning Map, City Council shall study each such recommendation and take action within 120 days by placing on its first reading an ordinance properly covering such recommendations. Final action by City Council on such ordinance shall be taken by placing such ordinance on its third and final reading no later than 120 days after its first reading. The City Council's action shall not differ from or depart from the plan or report submitted by the Planning Commission unless passed or approved by not less than 5 members of City Council. If the City Council's action does not differ or depart from the plan or report submitted by the Planning Commission, final action shall be deemed to pass or take effect with the concurrence of at least a majority of the members elected to City Council.
(Ord. 0-15-4. Passed 2-19-15.)