(A)   Council may from time to time amend by ordinance the number, shape or area of districts established on the Zoning Districts Map or the regulations set forth in this chapter, but no such amendment shall become effective unless the ordinance proposing same shall first be submitted in writing by the Clerk of Council to the Planning Commission for approval, disapproval or recommended modifications, and the Commission shall have been allowed a reasonable time, not less than 30 days and not more than 60 days, for consideration and report. The Planning Commission shall hold a public hearing on any proposed zoning amendment after notice has been published in a newspaper of general circulation in the city at least seven days prior to the date of the hearing. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Zoning inspector, by first class mail, at least five days prior to the hearing to owners of properties intended to be rezoned or redistricted as well as the owners of property contiguous to and directly across the street from the properties being considered. Any amendment which fails to receive the approval of the Planning Commission shall not take effect unless passed by not less than three-fourths' vote of the membership of Council.

   (B)   Council shall hold a public hearing before the adoption of the proposed amendment. Notice of such public hearing shall be given in accordance to the provisions noted in R.C. § 713.12.

   (C)   Any Council member may introduce an ordinance to amend this chapter or the Zoning Districts Map and any other person desiring such amendment may file an application pursuant to divisions (E) and (F) below of this section.

   (D)   Any person desiring an amendment to the Zoning Districts Map shall accompany the petition for such amendment, or the ordinance introduced for this purpose, with a statement giving the names and addresses of the owners of all properties within and contiguous to and directly across the street from such area proposed to be rezoned or redistricted if individual notice of the application is required to be given to said owners pursuant to the Ohio Revised Code.

(‘65 Code, § 1313.01)

   (E)   All applications for a zoning amendment not introduced by a member of City Council or the City Planning Commission shall include:

      (1)   Evidence that the existing Zoning Code is inappropriate with respect to the particular property and that it deprives the property owner of his lawful and reasonable use of the land. For the purposes of this chapter, a limitation upon the financial gain from the land in question shall not constitute unreasonable zoning.

      (2)   Evidence that the proposed amendment would materialize in an equal or better Zoning Code than that existing.

      (3)   Zoning amendment fee, which shall not be refundable. A schedule of fees is available from the Zoning Inspector.

   (F)   Whenever an amendment is made to the text of the Zoning Code, the appropriate definitions pertinent to such amendments shall be included in § 154.002.

(‘65 Code, § 1313.02) (Am. Ord. 25-054, passed 5-7-25)

   The Director of Public Service shall appoint the Planning and Code Enforcement Supervisor or such person as he may designate who shall serve as the Zoning Inspector for the purpose of effecting proper enforcement of this chapter. For the purpose of effecting this chapter, the Zoning Inspector shall have the power to enforce this chapter.

('65 Code, § 1305.01)

   The Planning Commission shall have the power to administer §§ 154.542 through 154.546 and shall have the power to issue conditional zoning certificates as specified and regulated in this chapter and those powers conferred upon it by this chapter and the Ohio Revised Code.

('65 Code, § 1305.02)

   All applications for zoning certificates shall be submitted to the Zoning Inspector who may issue zoning certificates when all applicable provisions of this chapter have been complied with. All applications for conditional zoning certificates shall be made to the Zoning Inspector and submitted to the Planning Commission, which may issue conditional zoning certificates in accordance with §§ 154.542 through 154.546.

('65 Code, § 1305.03)

   Buildings erected, altered, moved, razed or converted, or any use of land or premises carried on in violation of any provision of this chapter, are declared to be a nuisance per se. Any building or land-use activities considered possible violations of the provisions of this chapter which are observed by any city official or city resident should be reported to the Zoning Inspector.

('65 Code, § 1305.04)

   (A)   The Zoning Inspector shall inspect each alleged violation and shall, in writing, order correction of all conditions which are found to be in violation of this chapter.

('65 Code, § 1305.05)

   (B)   All violations shall be corrected within a period of ten days after the written order is issued, or for a longer period of time as indicated by the Zoning Inspector in the written order. If the violations are not corrected within the specified period of time, the Zoning Inspector shall submit a report on the violation to the Director of Law who may initiate a criminal or civil proceeding to bring about compliance with the Zoning Code or the punishment of the offender.

('65 Code, § 1305.06)

   (A)   Any person being an owner, lessee, tenant or occupant in possession of any land, building or other structure, who shall commit or permit a violation of Chapter 154 of the Codified Ordinances to exist on such premises is guilty of a minor misdemeanor and shall be fined not more than $100 per offense. Each day during which such act, violation or omission shall be done, committed, omitted or continued shall constitute a separate offense, unless the violation is corrected within the time frame established in § 154.585(B).

   (B)   If any person, who being an owner, lessee, tenant or occupant in possession any land, building or other structure has been previously convicted of the same violation of this section within two years from the date of the original violation, the violation shall be a misdemeanor of the first degree with penalties as specified in § 130.99 of the Codified Ordinances. Each day during which such act, violation or omission shall be done, committed, omitted or continued shall constitute a separate offense.

   (C)   The court may require any person who is convicted of a violation of this code to make restitution for any or all damages caused by the violation or violations, including but not limited to, correction of all violations and payment of restitution to the city for expenses incurred in the enforcement of this code.

(Ord. 07-045, passed 7-17-07)