Perry County Unincorporated
City Zoning Code
City Zoning Code
AMENDMENTS
§ 153.115 GENERAL.
The Board of County Commissioners may introduce and consider amendments to this chapter and to the zone maps, as proposed by the County Commissioners, by the Plan Commission or by the owners of 50% or more than the area involved in the petition.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.116 PETITIONS.
Petitions for amendment shall be filed with the County Auditor. The petitioner shall pay a filing fee therefor in the sum of $200, and the petitioner, upon the filing, shall, whether or not the proposed amendment is enacted, pay all costs and expenses connected with the petition including the drafting, advertising and recording of the ordinance.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.117 REFERRAL.
Any proposed amendment not originating from the Plan Commission shall be referred to the Plan Commission for consideration and report before any final action is taken by the County Commissioners. The Plan Commission shall hold a public hearing as prescribed by law, and report its findings and recommendations in writing to the County Commissioners within reasonable time after the public hearing as the County Commissioners may specify in the referring action.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.118 NOTICE.
Prior to the adoption of any amendment or special exception, notice of the proposed amendment or special exception shall be given by the Plan Commission by publication of notice in one newspaper of general publication published in this county at least ten days prior to the date set for hearing, and by mailing a copy of the notice to each abutting or adjoining land owner by registered mail return receipt requested at least ten days prior to the date set for hearing. A publisher’s affidavit and the mail receipts shall serve as proof of notice in accordance with this section.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.119 ACTION.
After receiving the Plan Commission’s report, the County Commissioners may proceed to take action on the proposed amendment. In the event the report of the Plan Commission is adverse to the proposed amendment, the amendment ordinance shall not be passed except by a unanimous affirmative vote of the County Commissioners. Failure of the County Commissioners to pass the proposed amendment ordinance by an affirmative vote within 90 days after its rejection by the Plan Commission shall constitute rejection of the proposed amendments and it shall not be reconsidered by the Plan Commission or County Commissioners until the expiration of one year after the date of its original rejection by the Plan Commission.
(Ord. O-C-97-10, passed 12-22-1997)
§ 153.999 PENALTY.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any structure or land in violation of any regulation in or any provisions of this chapter or of any regulation enacted hereunder by the Board of Zoning Appeals. The Board or the Plan Commission may institute a suit for mandatory injunction directing the removal of a structure erected in violation of this chapter. Any structure or use that violates this chapter shall be deemed to be a common nuisance and the owner of the structure or land shall be liable for maintaining a common nuisance. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10 and not more than $300. Each day the violation continues shall constitute a separate offense. Further, the person shall be liable for the recovery of the reasonable cost of litigation, including attorney fees and court costs, in any action taken to enforce the provisions of the county’s zoning regulations.
(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-04-5, passed 5-19-2004)