Swanton City Zoning Code
ARTICLE 150
73 AMENDMENTS
§ 150.731 AUTHORITY FOR AMENDMENTS.
The regulations imposed and the districts created under this Zoning Code may be amended from time to time by resolution duly enacted by the Village Council according to the procedures in this Chapter of the Zoning Code.
(Ord. 2023-03, passed 2-27-2023)
§ 150.732 INITIATION OF ZONING AMENDMENTS.
Amendments to this Zoning Code shall be initiated in one of the following ways:
(A) By adoption of a resolution by Village Council.
(B) By adoption of a motion by the Planning Commission.
(C) By the filing of an application to the Planning Commission by at least one owner or lessee of property or developer with an option to purchase property within the area proposed to be changed or affected by said amendment. The owners of at least fifty percent (50%) of the land in the affected zoning district shall be able to present a petition duly signed and acknowledged to Council requesting an amendment of the regulations prescribed for such area.
(Ord. 2023-03, passed 2-27-2023)
§ 150.733 AMENDMENTS INITIATED PROPERTY OWNER(S).
An application for a zoning text or zoning map amendment initiated by at least one owner or lessee of property or developer with an option to purchase such property within the area proposed to be changed or affected by said amendment shall be submitted and reviewed according to the following:
(A) Discussion with Planning Commission. Prior to submitting an application for an amendment to the Zoning Code and/or the Zoning Map, the applicant shall appear before the Planning Commission to informally discuss the proposed amendment. However, no action shall be taken at such a meeting and no discussions, opinions, suggestions, or recommendations of the Planning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval of the proposed amendment.
(B) Submission Requirements. An application for amendment to the Zoning Code and/or the Zoning Map shall be in such form and contain such information as shall be prescribed from time to time by the Zoning Administrator, including the information listed below:
(1) The name, address and phone number of the applicant and the property owner if other than the applicant;
(2) A statement of the reason(s) for the proposed amendment;
(3) A statement on the ways in which the proposed amendment relates to the adopted plans and policies of the Village;
(4) Additional information, including:
(a) The parcel numbers and the exact dimensions of the properties involved;
(b) Legal description of the parcel(s) to be rezoned, drawn by an Ohio registered/licensed surveyor;
(c) Present use and zoning district; and the proposed use and zoning district;
(d) A vicinity map at a scale approved by the Zoning Administrator showing the existing conditions including: zoning, property lines, streets, structures, and such other items as the Zoning Administrator may require;
(5) When the application includes an amendment to section(s) of the Zoning Code, the application shall include the proposed amendment or addition to the Code, specifying the existing and proposed section number(s);
(6) Payment of the application fee as established by Council.
(C) Acceptance of Application and Transmittal to Planning Commission. The Zoning Administrator shall review the submitted application for completeness in accordance with § 150.632. When the application is determined complete, the Zoning Administrator shall officially accept the application for consideration and transmit the application to the Planning Commission.
(Ord. 2023-03, passed 2-27-2023)
§ 150.734 PLANNING COMMISSION REVIEW AND RECOMMENDATION.
(A) Referral to Planning Commission.
(1) A proposed amendment to the Zoning Code initiated by Council or initiated by a property owner through a completed application shall be referred to the Village Planning Commission for their consideration and recommendation thereon.
(2) If the Planning Commission has initially proposed the matter to Council in the form of an ordinance, then the provisions herein of referral to the Planning Commission for recommendation shall not be applicable.
(B) The Commission shall be allowed a reasonable time, to be not less than 45 days after referral or submittal, for consideration and report.
(C) The Planning Commission shall recommend one of the following:
(1) That the amendment be approved as requested;
(2) That the amendment be approved as modified by the Planning Commission as the Commission may deem reasonable or necessary; or
(3) That the amendment be denied.
(D) Planning Commission Action. It shall be the duty of the Secretary of the Planning Commission to forthwith file with the Fiscal Officer, a report of the action and recommendation of the Commission with respect to any referral or submittal. Failure to file such report within 60 days after any referral or submittal by Council, shall be accepted as and be deemed an approval of the proposed change or amendment submitted.
(Ord. 2023-03, passed 2-27-2023)
§ 150.735 PUBLIC HEARING AND ACTION BY COUNCIL.
(A) Council shall, upon receipt of such recommendation, set a time for a public hearing on such proposed amendment, which date shall not be more than one hundred and twenty (120) days nor less than thirty (30) days from the date of the receipt of such recommendation from the Planning Commission.
(1) Notices shall be provided according to the following:
(a) Notice of the public hearing shall be given by Council once a week for two consecutive weeks on the same day of the week, in a paper of general circulation and on the Village website, the first of such publication to take place not less than thirty (30) days in advance of the public hearing. The notice shall adequately describe the nature of the pending legislation;
(b) If the amendment intends to rezone ten or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Fiscal Officer, by first class mail or hand delivered, at least twenty 20 days before the date of the public hearing to all owners of property within the village and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor’s current tax list, the County Treasurer’s mailing list or to such other list or lists that may be specified by Council. The failure of delivery of such notice shall not invalidate any such ordinance, measure, or regulation.
(2) Notices shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that the opportunity to be heard will be afforded to any person interested.
(3) During such 30 days, the text of such ordinance, measure, regulation or proposed change, together with the map, plans or copies forming part of or referred to in such ordinance, measure, regulation or proposed change, and the reports submitted by the Planning Commission, shall be on file for public examination in the office of the Fiscal Officer.
(4) Council may recess such hearing from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(B) After the conclusion of the public hearing, Council shall take action within 90 days on the proposed amendment.
(1) Council’s action shall either:
(a) Adopt the recommendation of the Planning Commission;
(b) Deny the recommendation of the Planning Commission; or
(c) Adopt some modification thereof.
(2) In the event Council adopts the recommendation of the Planning Commission, concurrence by a majority of the full Council members shall be required.
(3) In the event Council elects to overrule the recommendation of the Planning Commission, concurrence by not less than two-thirds of the membership of the Council members shall be required. Wherein Council fails to obtain such two-thirds vote, the recommendation of the Commission shall be considered as approved.
(4) Any such proposal may be amended by majority vote, prior to the voting thereon by the Council, without further notice or postponement if such amendment shall be germane to the subject matter and is in accordance with the recommendation of the Planning Commission.
(Ord. 2023-03, passed 2-27-2023)
§ 150.736 EFFECTIVE DATE OF AMENDMENT.
Such amendment adopted by Village Council shall become effective thirty (30) days after the date of such adoption, unless within such thirty (30) days after the adoption of the amendment there is presented to Council a referendum petition, the rules for such a petition being governed by the Ohio Revised Code.