Edon City Zoning Code
CHAPTER 1195
Amendments
1195.01 PROCEDURE FOR ZONING AMENDMENTS.
This Ordinance may be amended by utilizing the procedures specified in this Chapter.
(Ord. 07-13. Passed 12-16-13.)
1195.02 GENERAL.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Village Council, may by ordinance, after receipt of recommendation thereon from the Planning and Zoning Commission, and subject to the procedures provided by law, amend, supplement, change, or repeal the regulation, restriction, and boundaries or classification of property described by this Ordinance. (Ord. 07-13. Passed 12-16-13.)
1195.03 INITIATION OF ZONING AMENDMENTS.
Amendments to this Ordinance may involve an amendment of the text of this Ordinance or the Village Zoning Map, and may be initiated in one of the following ways:
(a) By adoption of a motion recommending amendment by the Planning and Zoning Commission.
(b) By adoption of a resolution by the Village Council.
(c) By the filing of an application by at least one owner or lessee of a property within the area proposed to be changed or affected by said amendment.
(Ord. 07-13. Passed 12-16-13.)
1195.04 CONTENTS OF APPLICATION FOR VILLAGE ZONING MAP AMENDMENT.
Applications for amendments to the Village of Edon Zoning Map adopted, as part of this Ordinance, shall contain at least the following information
(a) The name, address, and phone number of applicant.
(b) The proposed amending ordinance, approved as to form by the Village Attorney.
(c) A statement of the reason(s) for the proposed amendment.
(d) Present use.
(e) Present zoning district.
(f) Proposed use.
(g) Proposed zoning district.
(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 contiguous to, or directly across the street from the parcel(s) proposed to be rezoned and the others that may have a substantial interest in the case, except that addresses need not be included where more than ten (10) parcels are to be rezoned.
(j) A statement on the ways in which the proposed amendment relates to the comprehensive plan.
(k) A fee as established by Resolution of the Village Council.
(Ord. 07-13. Passed 12-16-13.)
1195.05 CONTENTS OF APPLICATION FOR ZONING TEXT AMENDMENT.
Applications for amendments proposing to change, supplement, amend, or repeal any portion(s) of this Ordinance, other than the Village 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 Attorney.
(c) A statement of the reason(s) for the proposed amendments.
(d) A statement explaining the ways in which the proposed amendment relates to the comprehensive plan.
(e) A fee as established by Village Council and adopted by Resolution.
(Ord. 07-13. Passed 12-16-13.)
1195.06 TRANSMITTAL TO PLANNING AND ZONING 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 Commission.
(Ord. 07-13. Passed 12-16-13.)
1195.07 RECOMMENDATION BY PLANNING AND ZONING COMMISSION.
Within sixty (60) days from the receipt of the proposed amendment, the Planning and Zoning Commission shall transmit its recommendation to the Village Council. The Planning and Zoning 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 and Zoning Commission shall indicate the specific reason(s) upon which the recommendation is based, and shall include the basis for their determination that the proposed amendment is or is not consistent with the comprehensive plan.
(Ord. 07-13. Passed 12-16-13.)
1195.08 PUBLIC HEARING BY VILLAGE COUNCIL.
Upon receipt of the recommendation from the Planning and Zoning Commission, Village Council shall schedule a public hearing. Said hearing shall be not more than sixty (60) days from the receipt of the recommendation from the Planning and Zoning Commission.
(Ord. 06-16. Passed 12-19-16.)
1195.09 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Notice of the public hearing required in Section 1195.08 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 thirty (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. 06-16. Passed 12-19-16.)
1195.10 ADDITIONAL NOTICE BY VILLAGE COUNCIL.
If the proposed amendment intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Village Clerk, by first class mail, at least twenty (20) days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list, and to such other lists or lists that may be specified by the Village Council. The failure to deliver the notification, as provided in this section, shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1195.09.
(Ord. 07-13. Passed 12-16-13.)
1195.11 ACTION BY VILLAGE COUNCIL.
After holding the public hearing required by Section 1195.08, the Village Council shall take action on the proposed amendment within One Hundred Twenty (120) days by passage of an Ordinance adopting or denying the amendment as recommended by the Planning and Zoning Commission or, if by a vote of at least three fourth of all members of the Village Council, adopting the amendment with such changes as Village Council deems prudent.
(Ord. 07-13. Passed 12-16-13.)
1195.12 EFFECTIVE DATE AND REFERENDUM.
Such amendment adopted by Village Council shall become effective thirty (30) days after the date of such adoption, unless within thirty (30) days after the passage of the Ordinance, there is presented to the Village Clerk a petition, signed by a number of qualified voters residing in the Village of Edon equal to but not less than ten percent (10%) of the total vote cast in such areas 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 of Edon for approval or rejections at the next general election. (Ord. 07-13. Passed 12-16-13.)
1195.13 ANNEXATION.
All land annexed to the Village of Edon, subsequent to the adoption of this Ordinance, shall remain subject the previous County or Township zoning district regulations until such time as the Village Zoning Map is amended according to the provision of this Chapter. All land annexed to the Village which, prior to annexation, is not subject to County or Township zoning shall remain unzoned until the Village Zoning Map is amended according to the provisions of the Chapter.
(Ord. 07-13. Passed 12-16-13.)
CODIFIED ORDINANCES OF EDON