CHAPTER 1197

District Changes and Regulation Amendments

1197.01 Council may amend.
1197.02 Procedure.

CROSS REFERENCES

Basis of districts - see Ohio R.C. 713.10
Council may amend districting or zoning - see Ohio R.C. 713.10
Council to hold public hearing - see Ohio R.C. 713.12
Planning Commission established - see ADM. Ch. 143
Effects of districting and general regulations - see P. & Z. Ch. 1109


1197.01 COUNCIL MAY AMEND.

Whenever the public necessity, convenience, general welfare or good zoning practice require, Council may by ordinance, after recommendation thereon by the Planning Commission and subject to the procedure provided for in this Chapter, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereinafter established by this Zoning Code or amendments thereof. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected by this Zoning Code.
(Ord. 196. Passed 11-21-63.)

1197.02 PROCEDURE.
Applications for any change of district boundaries or classifications of property as shown on the Zoning Map shall be submitted to the Planning Commission at its public office, upon such forms and accompanied by such data and information as may be prescribed for that purpose by the Commission, so as to assure the fullest practicable presentation of facts for the permanent record. 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 itself shall be accompanied by its own motion pertaining to such proposed amendments.

(a) Any person desiring a change in the zoning classification of property shall file with the application for such change a statement giving the names and addresses of the owners of all properties lying within 150 feet of any part of the exterior boundaries of the premises of which the zoning classification is proposed to be changed.

(b) Before submitting its recommendations on a proposed amendment or reclassification to Council, the Commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the City at least thirty days before the date of such hearing. The notice shall state the place and time at which the proposed amendment to the Zoning Code, including text and maps, may be examined.

(c) Following such hearing the Commission may recommend that the application be granted as requested, it may recommend a modification of the zoning amendment requested in the application or it may recommend that the application not be granted. These recommendations shall then be certified to Council.

(d) After receiving from the Commission the certification of the recommendations on the proposed amendment or amendments and before adoption of such amendment, Council shall hold a public hearing thereon as required by Ohio R.C. 713.12. At least thirty days notice of the time and place of such hearing shall be given by one publication in a newspaper of general circulation in the City.

(e) Following such hearing and after reviewing the recommendations of the Commission thereon, Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the Zoning Code or the Zoning Map. Council may overrule the recommendations of the Commission by a three-fourths vote of the full membership of Council.

(f) Each application for a zoning amendment, except those initiated by the Commission, shall be accompanied by a check payable to the Treasurer, or a cash payment sufficient in the amount to cover the costs of publishing, posting and/or mailing notices of hearings, but in no event shall it be less than twenty-five dollars ($25.00).
(Ord. 196. Passed 11-21-63.)


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