[Ord. No. 396 Art.
XIX, 4-29-1960; Ord. No. 1412 § 1, 5-4-1989; Ord. No. 1453 § 1, 3-1-1990; Ord. No. 1947 § 1, 8-7-2003; Ord.
No. 2203 § 3, 12-1-2011]
(a)
The board of aldermen may from time to time, on its own motion or
petition, amend, supplement, change, modify or repeal by ordinance
the boundaries of districts or regulations, or restrictions herein
established. Any proposed amendment, supplement, change, modification
or repeal other than administrative matters pertaining to the administration
and enforcement shall first be submitted to the planning and zoning
commission for its recommendations and report. Upon the filing of
the recommendations and report by the commission with respect to any
proposed amendment, supplement, change, modification or repeal, the
board of aldermen shall proceed to hold a public hearing in relation
thereto, giving at least fifteen (15) days' notice of the time and
place of such hearing, which notice shall first be published in a
newspaper having general circulation in the city of Bellefontaine
Neighbors. No ordinance or part thereof requiring a public hearing
shall become effective until after such public hearing held on such
notice, at which parties in interest and citizens shall have an opportunity
to be heard.
(b)
If a protest against such proposed amendment, supplement, change,
modification or repeal shall be presented in writing to the city clerk,
duly signed and acknowledged by the owners of thirty percent (30%)
or more, either of the areas of the land (exclusive of streets 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 (⅔) of all the members
of the board of aldermen.
(c)
Before any action shall be taken on petition as provided in this
article, the party or parties proposing or recommending a change in
the district regulations or district boundaries shall pay to the city
treasurer an initial filing fee of two hundred and fifty dollars ($250.00)
to reimburse the city for expenses incurred in processing the application,
including, but not limited to, costs of legal and engineering review,
cost of traffic and planning consultants employed by the city, publication
expenses, expenses of notification to adjoining property owners, expenses
of hearings including rental of a hall, if necessary, court reporter,
if requested by either the city or the applicant, and other investigations
deemed necessary by the city.
[Ord. No. 2574, 6-18-2020]
(d)
Petitions shall be submitted upon forms available in the office of
the city engineer, or shall show the minimum information as prescribed
on said forms. It shall be the responsibility of the petitioner to
furnish such maps, data and information as may be prescribed for that
purpose by the planning and zoning commission so as to assure the
fullest practicable presentation of facts for the permanent record.
