Pemberville City Zoning Code
DISTRICT CHANGES
AND ORDINANCE AMENDMENTS
§ 153.205 GENERAL.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Village Council may by ordinance (after receipt of recommendations thereof 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 Village Council.
(Ord. 1141, passed 9-1-1998)
§ 153.206 PROCEDURE FOR CHANGE IN ZONING DISTRICTS.
(A) Amendments or supplements to the zoning ordinance may be initiated by motion of the Village Planning Commission, by the passage of an ordinance therefor by the Village Council, or by the filing of an application therefor by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Village Planning Commission. The Village Council shall, upon the passage of such ordinance, immediately certify it to the Village Planning Commission.
(B) Applications for any change of district boundaries or classifications of property as shown on the zoning district map shall be submitted to the Commission, at its public office, upon such forms, and shall be accompanied by such data and information, as may be prescribed for that purpose by the Commission, so as to assure the fullest practical 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 the facts and information presented with the applications. Applications for amendments initiated by the Commission shall be accompanied by its motion pertaining to such proposed amendment.
(C) Any person or persons 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 within and contiguous to and directly across the street from any part of the property the zoning classification of which is proposed to be changed.
(D) No such amendment or change shall become effective unless the proposed amendment or change is first considered for its approval, disapproval, or recommendation by the Planning Commission. The Commission shall be allowed a reasonable time, to be not less than 30 days after referral or submittal, for consideration and report.
(E) The Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested, in the application, or it may recommend that the application be not granted. These recommendations shall then be certified to the Village Council. Failure to file such report within 60 days after referral or the time otherwise provided, shall be accepted as and be deemed an approval of the proposed change or amendment submitted.
(F) Within 30 days after receiving from the Commission the certification of said recommendations on the proposed amendment, and before adoption of such amendment, the Village Council shall schedule a public hearing thereon. It shall publish notice of the time and place of such hearing in a newspaper of general circulation in the village, adequately describing the nature of the pending legislation, once a week for two consecutive weeks on the same day of the week, the first of such publication to take place not less than 30 days prior to the public hearing. The notice shall state the place or places and times at which the proposed amendment to the ordinance, including text and maps, may be examined and other notices as required by state statutes.
(G) If the proposed amendment or supplement 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 Village Clerk, by first class mail, at least 20 days before the date of the public hearing to all owners of property within and contiguous to and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor’s current tax list or the Village Clerk- Treasurer’s mailing list. The failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder; it being the intention of this section to provide, so far as may be possible, due notice to persons substantially interested in the proposed change that a proposed amendment is pending before the Village Council proposing to make a change in the zoning district map or the regulations set forth in this chapter.
(H) After holding the public hearing, the Village Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the ordinance or zoning district map. No such ordinance, measure, or regulation which violates, differs from, or departs from the plan or report submitted by the Commission shall take effect unless passed or approved by not less than three-fourths of the membership of Council. No ordinance, measure, or regulation which is in accordance with the recommendation, plan, or report submitted by the Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to the Village Council.
(I) If a proposed amendment or supplement initiated by application is disapproved by the Village Council, another application for amendment or supplement affecting the property included in the disapproved application shall not be submitted within six months from the date of disapproval, except with a statement by the Planning Commission or a resolution by the Village Council, indicating that the changed or changing conditions affecting the land are sufficient to warrant reconsideration.
(Ord. 1141, passed 9-1-1998)
§ 153.207 APPLICATION.
At the time that an application for change of zoning districts is filed with the Commission, as provided herein, if not contrary to the Ohio Revised Code enabling statutes for municipal zoning, a fee shall be deposited with the Village Clerk in accordance with scheduled fees established by Council. A written receipt shall be issued to the person making such payment and records thereof shall be kept in the manner as prescribed by law.
(Ord. 1141, passed 9-1-1998)
§ 153.999 PENALTY.
(A) It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any regulation in or any provision of this chapter or any amendment or supplement thereto adopted by the Village Council. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this chapter or amendment thereto, shall be deemed guilty of a misdemeanor and shall be fined in any sum not more than $100 for each offense. Each and every day, during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues, may be deemed a separate offense.
(B) Any certificate issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Village Council, the certificate shall be revoked by notice in writing to be delivered to the holder of the void certificate upon the premises concerned, or, if such holder be not found there, by posting the said notice of revocation in some conspicuous place upon the said premises. Any person who shall proceed thereafter with such work or use without having obtained a new certificate in accordance with this chapter shall be deemed guilty of a misdemeanor and shall be fined in any sum not more than $100 for each offense. Each and every day, during which such illegal work or use continues, may be deemed a separate offense.
(C) In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used or any land is or is proposed to be used in violation of this chapter or any amendment or supplement thereto, the responsible authority, Village Solicitor, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action, actions, proceeding or proceedings, to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.
(Ord. 1141, passed 9-1-1998)