[R.O. 2016 § 400.210; Ord. No. 910-10 §§ 1
— 2, 7-13-2010; Ord. No. 1007-12 § 1, 11-13-2012]
A. The City Council may by ordinance on its
own motion or on application amend, supplement, change, modify or
repeal the boundaries or zoning designation of districts herein established,
under the procedures herein provided.
B. Applications for district changes shall
be filed in writing with the Director of Community Development or
designee. All applications, except those proposed by the City Council
or the City Planning and Zoning Commission, shall be accompanied by
a non-refundable fee of sixty dollars ($60.00). The applicant shall
also pay to the City the costs of mailing notifications and publication
fees fourteen (14) days prior to the public hearing. The costs for
mailing notifications and publication fees shall be returned to the
applicant if such mailings and publications are not made. A copy of
the application shall remain on file with the Director of Community
Development for public inspection until final action thereon.
[Ord. No. 1153-16 § 1, 3-8-2016; Ord. No. 1230-18, 1-9-2018]
C. The City Council or the City Planning and
Zoning Commission may provide forms for applications and may require
applicants to provide plats and other documents or other information
it may determine to be of value in acting upon the application. The
Council and Planning and Zoning Commission may request the opinions
and recommendations of other City Boards and Officers upon applications.
D. Upon receipt of an application in proper
form, the City Administrator or designee, within forty-five (45) days,
shall refer it to the Planning and Zoning Commission. The Planning
and Zoning Commission shall return the application to the City Council
with its recommendations relating thereto and showing the number of
votes for and against its action and may include a summary of the
reasons expressed for and in opposition thereto. The City Council
may set, by resolution, a date by which the recommendation shall be
returned, no less than twenty (20) days from the date of such setting,
and the City Council may proceed without receipt of such recommendations
in the absence of receipt by such date.
E. The City Council may reject an application
without referring it to the Planning and Zoning Commission and without
publishing a notice of hearing if the application is made within six
(6) months of the Council's rejection of a previous application seeking
an amendment for the same or a larger or smaller included tract.
F. The Planning and Zoning Commission shall
recommend approval or denial of an application in whole or in part,
and a public hearing shall be set as provided in this Section. If
the City Council fails to approve an application in whole or in part
within thirty-five (35) days after the public hearing, such application
shall be deemed to have been rejected in full, unless the City Council
shall have expressly extended such time period prior to the expiration
thereof.
[Ord. No. 1153-16 § 1, 3-8-2016; Ord. No. 1230-18, 1-9-2018]
G. The City Council may by ordinance on its
own motion or on application amend, supplement, change, modify or
repeal the regulations or restrictions of districts herein established,
following referral thereof to the Planning and Zoning Commission as
provided in this Section.
H. No amendment, supplement, or change of
the regulations or restrictions or boundaries of districts shall become
effective until after a public hearing before the City Council in
relation thereto, at which parties in interest and citizens shall
have an opportunity to be heard. At least fifteen (15) days' notice
of the time and place of such hearing shall be published in a newspaper
of general circulation in the City of Park Hills. The City Council
may provide for the posting of notices of the hearing on the tract
and for other means of notifying the public or interested persons
of the proceedings.
[Ord. No. 1153-16 § 1, 3-8-2016; Ord. No. 1230-18, 1-9-2018]
I. In case of an adverse report by the City
Planning and Zoning Commission, or if a protest against such proposed
amendment, supplement, change, modification, or repeal shall be presented
in writing to the Director of Community Development, duly signed and
acknowledged by the owners of thirty percent (30%) or more, either
of the area of the land (exclusive of streets, places and alleys)
included within such proposed amendment, supplement, change, modification
or repeal, or within an area determined by lines drawn parallel to
and one hundred eighty-five (185) feet distant from the boundaries
of the district proposed to be changed, such amendment, supplement,
change, modification or repeal shall not become effective except by
the favorable vote of two-thirds (2/3) of the members of the City
Council.
[Ord. No. 1153-16 § 4, 3-8-2016]
J. In its action upon an application for change in district boundaries, the City Council may grant a special use permit under Section
400.180 of this Code rather than the requested change in district boundaries or may grant the change to a district which is intermediate in restrictiveness between the existing district and the requested district.