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Strongsville City Zoning Code

CHAPTER 1244

Amendments

1244.01 INITIATION OF ZONING AMENDMENTS.

   (a)   Council, either upon petition of a property owner, upon recommendation of the Planning Commission or upon its own initiative, may amend or change the number, shape, area or regulations of or within any zone or district, but no such amendment or change shall become effective unless the proposed amendment or change is first submitted to or considered by the Planning Commission for its approval, disapproval or recommendation. The Commission shall be allowed a reasonable time, to be not less than sixty days after referral or submittal, for consideration and report.
   (b)   A petition by a property owner for a zoning amendment shall be filed with the Clerk of Council on forms provided by the Clerk and shall include:
      (1)   The zoning district applicable to the property on the date the petition is filed and the zoning district which the petitioner requests;
      (2)   The proposed use of the property;
      (3)   A statement of the petitioner setting forth the reason(s) that the change in zoning requested is necessary for the preservation and enjoyment of a substantial property right; and
      (4)   A statement of the petitioner setting forth the reason(s) that the change in zoning requested will not be materially detrimental to the public welfare nor to the property of other persons located in the vicinity.
   (c)   A petition for rezoning shall be accompanied by the following:
      (1)   A completed property description on a form provided by the Clerk of Council, which shall include permanent parcel number(s), acreage, address and such other information regarding the property which is the subject of the petition as requested on the form;
      (2)   A legal description and a map or plat of the property which is the subject of the petition prepared by a registered surveyor;
      (3)   Evidence of ownership of the property which is the subject of the petition;
      (4)   A certified list of the property owners of record, and their mailing addresses in all directions from the subject property for a distance of 500 feet, prepared by a title insurance company as defined in Ohio R.C. 3953.01(C) dated no more than fifteen days prior to filing of the petition with the Clerk of Council;
      (5)   Such other documentation or evidence supporting the petitioner’s reasons for the requested rezoning which the petitioner desires the Council and the Planning Commission to consider; and
      (6)   A non-refundable fee in the sum of one hundred dollars ($100.00) plus an amount equal to the current cost of regular mail postage times the number of owners on the certified list filed with the petition plus an amount equal to the Clerk’s estimate of the cost of publication as required by Section 1244.03.
   (d)   Copies of the petition and the accompanying documentation shall be filed in sufficient number to provide each member of the Planning Commission and the Council and each official and employee of the City reviewing the petition with a copy.
(Ord. 1998-46. Passed 7-27-98.)

1244.02 PLANNING COMMISSION ACTION.

   It shall be the duty of the Secretary of the Planning Commission to forthwith file with the Clerk of Council a report of the action and recommendation of the Commission with respect to any referral or submittal. Failure to file such report within sixty days after referral or within the time otherwise provided shall be accepted as and be deemed an approval of the proposed changed or amendment submitted.
(Ord. 1978-165. Passed 10-16-78.)

1244.03 PUBLIC HEARING.

   (a)   Before any ordinance, measure or regulation amending or changing the number, shape, area or regulations of or within any zone or district may be passed, Council shall hold a public hearing thereon. It shall publish notice of such hearing in one newspaper of general circulation within the City, adequately describing the nature of the pending legislation, once a week for two consecutive weeks on the same day of the week, the first of such publications to take place not less than thirty days prior to the public hearing. During such thirty days, the text or copy of the text of such ordinance, measure, regulation or proposed change, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure, regulation or proposed change, and the maps, plans and reports submitted by the Planning Commission, shall be on file for public examination in the office of the Clerk of Council.
   (b)   In addition to publication as set forth in subsection (a) hereof, notification shall be given to all owners of real property within 500 feet of each lot line of the property proposed to be rezoned by regular first class mail.
   (c)   If an application to rezone property is made by someone other than the owner or his agent, a notice of the application for rezoning shall be sent by regular first class mail to the real property owner or owners whose property is to be rezoned.
(Ord. 1978-165. Passed 10-16-78.)

1244.04 ACTION BY COUNCIL.

   No such ordinance, measure, regulation or proposed change, which violates, differs from or departs from the plans or report submitted by the Planning Commission, shall take effect unless passed or approved by not less than two-thirds of the membership of Council.
   Any such ordinance, measure or proposed change may be amended by majority vote, prior to the voting thereon by Council, without further notice or postponement, if such amendment is germane to the subject matter and does not violate, differ from or depart from the report of the Planning Commission.
(Ord. 1978-165. Passed 10-16-78.)