Dennison City Zoning Code
ORDINANCE AMENDMENTS
§ 155.340 GENERAL.
Whenever the public necessity, convenience, general welfare or good zoning practices require, the Council may, by ordinance, after receipt of recommendations thereon from the Planning Commission and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classification of property, now or hereafter established by this chapter or amendments thereof. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Council.
(Ord. 2052, passed 9-3-1998; Ord. 2317, passed 12-21-2006)
§ 155.341 INITIATION OF ZONING AMENDMENTS.
Amendments to this chapter may be initiated in one of the following ways:
(A) By adoption of a motion by the Planning Commission;
(B) By the adoption of a resolution by Village Council; and
(C) By the filing of an application by at least one owner or lessee of property within the area proposed to be changed or affected by said amendment.
(Ord. 2052, passed 9-3-1998)
§ 155.342 CONTENTS OF APPLICATION FOR ZONING MAP AMENDMENT.
Applications for amendments to the official zoning map adopted as part of this chapter shall contain at least the following information:
(A) The name, address and phone number of the applicant;
(B) The proposed amending ordinance, approved as to form by the Village Solicitor;
(C) A statement of the reason(s) for the proposed amendment;
(D) Present use;
(E) Present zoning district(s);
(F) Proposed use;
(G) Proposed zoning district(s);
(H) A vicinity map at a scale approved by the Zoning Inspector showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Inspector may require;
(I) A list of all property owners and their mailing addresses who are within, contiguous to, or directly across the street(s) from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case, except the addresses need not be included where more then ten parcels are requested to be rezoned;
(J) A statement on the ways in which the proposed amendment relates to the comprehensive plan; and
(K) A fee of $50 plus all actual costs associated with publication of legal notices, public hearing(s) notices; required mailings; and any other legally required notices.
(Ord. 2052, passed 9-3-1998)
§ 155.343 CONTENTS OF APPLICATION FOR ZONING TEXT AMENDMENT.
Applications for amendments proposing to change, supplement, amend or repeal any portion(s) of this chapter, other than the official zoning map, shall contain at least the following information:
(A) The name, address and phone number of the applicant;
(B) The proposed amending ordinance, approved as to form by the Village Solicitor;
(C) A statement of the reason(s) for the proposed amendment;
(D) A statement explaining the ways in which the proposed amendment relates to the comprehensive plan; and
(E) A fee of $50 plus all actual costs associated with publication of legal notices, public hearing(s) notices; required mailings; and any other legally required notices.
(Ord. 2052, passed 9-3-1998)
§ 155.344 TRANSMITTAL TO PLANNING COMMISSION.
Immediately after the adoption of a resolution by the Village Council or the filing of an application by at least one owner or lessee of property, said resolution or application shall be transmitted to the Planning Commission.
(Ord. 2052, passed 9-3-1998)
§ 155.345 SUBMISSION TO DIRECTOR OF TRANSPORTATION.
Before any zoning amendment is approved affecting any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director, Ohio Department of Transportation or within a radius of 500 feet from the point of intersection of said centerline with any public road or highway, the Planning Commission shall give notice, by registered or certified mail, to the Director of Transportation. The Planning Commission may proceed as required by law. However, the Village Council shall not approve the amendment for 120 days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the village that he or she shall proceed to acquire the land needed for the proposed new highway/highway changes, the village shall refuse to approve the rezoning. If the Director of Transportation notifies the village that acquisition at this time is not in the public interest, or upon the expiration of the 120-day period or any extension thereof agreed upon by the Director of Transportation and the property owner(s), the Village Council shall proceed as required by law.
(Ord. 2052, passed 9-3-1998)
§ 155.346 RECOMMENDATION BY PLANNING COMMISSION.
Within 60 days of the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to the Village Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment as requested or it may recommend that the amendment be denied. The written decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based, to include the basis for its determination that the proposed amendment is or is not consistent with the comprehensive plan.
(Ord. 2052, passed 9-3-1998)
§ 155.347 PUBLIC HEARING BY VILLAGE COUNCIL.
Upon receipt of the recommendation from the Planning Commission, Village Council shall schedule a public hearing. Said hearing shall be not more than 40 days from the receipt of the recommendation from the Planning Commission.
(Ord. 2052, passed 9-3-1998)
§ 155.348 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Notice of the public hearing required in § 155.347 shall be given by Village Council by at least one publication in one or more newspapers of general circulation in the village. Said notice shall be published at least 30 days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(Ord. 2052, passed 9-3-1998)
§ 155.349 NOTICE TO PROPERTY OWNERS BY VILLAGE COUNCIL.
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 Fiscal Officer of the village by certified mail, return receipt requested, at least 20 days before the day of the public hearing to all owners of property within, contiguous to and directly across the street(s) from such area proposed to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor’s tax list or the County Treasurer’s mailing list, the same having been provided to the village by the applicant per § 155.327. The failure to deliver the notification as provided in this section shall not invalidate any such amendment. The mailed notice shall contain the same information as required of notices published in the newspapers as specified in § 155.348.
(Ord. 2052, passed 9-3-1998)
§ 155.350 ACTION BY VILLAGE COUNCIL.
Within 30 days after the public hearing required by § 155.347, the Village Council shall either adopt or deny the recommendation of the Planning Commission, or adopt some modification thereof. In the event the Village Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than three-fourths of the full membership of the Village Council. No such ordinance shall be passed unless it has been fully and distinctly read on three different days except that such ordinance may become emergency legislation if three-fourths of the members of the Village Council vote to dispense with this rule.
(Ord. 2052, passed 9-3-1998)
§ 155.351 EFFECTIVE DATE AND REFERENDUM.
(A) Such amendment adopted by Village Council shall become effective 30 days after the date of such adoption unless within 30 days after the passage of the ordinance there is presented to the Fiscal Officer a petition, signed by a number of qualified voters residing in the village equal to not less than 10% of the total vote cast in said village at the last preceding general election at which a Governor was elected, requesting the Village Council to submit the zoning amendment to the electors of the village for approval or rejection at the next general election.
(B) No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the County Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.
(Ord. 2052, passed 9-3-1998)
§ 155.352 ANNEXATION.
All land annexed to the village which, prior to annexation, is not subject to county or township zoning shall remain unzoned until the official zoning map is amended according to the provisions of this subchapter.
(Ord. 2052, passed 9-3-1998)