Whenever the public necessity, convenience or general welfare require, Council may, by ordinance, after receipt of a recommendation thereon from the Planning and Zoning Board and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this chapter or amendments thereof. The Planning and Zoning Board shall submit its recommendation regarding all applications or proposals for amendments or supplements to Council.

(2003 Code, § 153.085) (Ord. 3459, § 6.01, passed 3-7-2002)

   Amendments to this chapter may be initiated in one of the following ways:

   (A)   By referral of a proposed amendment to the Planning and Zoning Board by City Council;

   (B)   By the adoption of a motion by the Planning and Zoning Board submitting the proposed amendment to City Council; or

   (C)   By the filing of an application by at least one owner or lessee of property, or his or her designated agent, within the area proposed or affected by the said amendment.

(2003 Code, § 153.086) (Ord. 3459, § 6.02, passed 3-7-2002)

   An application for amendment shall be transmitted by the applicant to the Zoning Inspector and shall contain the following information:

   (A)   Name, address and phone number of the applicant;

   (B)   Proposed amendment to the text or, in cases where property is proposed to be placed in a different zoning district, a legal description of the property affected;

   (C)   Present use and district;

   (D)   Proposed use and district;

   (E)   A map showing property lines, streets, existing and proposed zoning and such other items as the Zoning Inspector may require;

   (F)   A list of all property owners within the 200 feet, contiguous to and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the County Auditor’s current tax list. The requirement for addresses may be waived when more than ten parcels are proposed to be rezoned;

   (G)   A statement as to how the proposed amendment will impact adjacent and proximate properties;

   (H)   Any other information as may be requested by the Zoning Inspector to determine conformance with, and provide for enforcement of this planning and zoning code; and

   (I)   A fee as established by the City Council.

(2003 Code, § 153.087) (Ord. 3459, § 6.03, passed 3-7-2002)

   Upon referral of the proposed ordinance by City Council, or the filing of an application by at least one owner or lessee of the property, or their designated agent, said proposed amendment or application shall be transmitted to the Planning and Zoning Board.

(2003 Code, § 153.088) (Ord. 3459, § 6.04, passed 3-7-2002)

   Within 60 days after the first regular meeting of the Planning and Zoning Board after the receipt of the proposed amendment, the Planning and Zoning Board may recommend to the City Council that the amendment be approved as requested, approved with modification or it may recommend that the amendment be denied. A public hearing may be held by the Planning and Zoning Board for consideration of the proposed amendment. If such a hearing is held, the Planning and Zoning Board shall follow the same requirements for notification as specified in § 153.085.

(2003 Code, § 153.089) (Ord. 3459, § 6.05, passed 3-7-2002)

   (A)   Public hearing. Before the proposed ordinance may be passed, the City Council shall hold a public hearing, and shall give at least 30 days notice of the time and place thereof in a newspaper of general circulation in the city. If the proposed ordinance intends to remove or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Director of Public Service, by first-class mail, at least 20 days before the date of the public hearing to the owners of property within 200 feet, or contiguous to and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the County Auditor’s current tax list, as provided by the applicant. The failure of delivery of such notice shall not invalidate such proposed ordinance.

   (B)   Display of relevant materials. During such 30 days, the text or copy of the text of the proposed ordinance, together with maps, plans, and reports submitted by the Planning and Zoning Board, shall be on file for public examination in the office of the Clerk-Treasurer of the city.

   (C)   Action by City Council. No such ordinance which is in accordance with the recommendation submitted by the Planning and Zoning Board shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the City Council. No such ordinance which violates, differs from or departs from the recommendation submitted by the Planning and Zoning Board shall take effect unless passed or approved by not less than three-fourths of the membership of the City Council.

   (D)   Criteria. In reviewing the proposed amendment and arriving at its decision, the City Council shall consider the following factors:

      (1)   Compatibility of the proposed amendment with the zoning and use of adjacent land, and with land use plans for the general area;

      (2)   The effect of the adoption of the proposed amendment on motor vehicle access, traffic flow and the provision of public services in the general area; and

      (3)   The affect of the adoption of the proposed amendment upon the public health, safety and general welfare of the residents of the city.

(2003 Code, § 153.090) (Ord. 3459, § 6.06, passed 3-7-2002)

   Such amendment adopted by City Council shall become effective 30 days after the date of the ordinance, subject to the provisions for referendum specified in the Ohio Revised Code. If the amendment as passed by City Council pertains to a change in the official Zoning Map, such change shall be incorporated onto the Map by reference to the ordinance number and date of adoption.

(2003 Code, § 153.091) (Ord. 3459, § 6.07, passed 3-7-2002)