Perrysville City Zoning Code
TITLE THREE
Zoning Administration and Enforcement
1123.01 ZONING PERMIT REQUIRED.
No building or structure shall be erected, moved, added to, structurally altered nor shall any building, structure, or land be established or changed in use without a permit therefore, issued by the Zoning Inspector.
(a) Zoning Permits shall be issued only in conformity with the provisions of this Chapter unless the Zoning Inspector receives a written order from the Board of Zoning Appeals deciding an Appeal, conditional use or a variance from the Village Council as provided by this Chapter.
(b) Not withstanding any other ordinance thereof, no building permit, zoning permit, variance, conditional use, license, or authorization shall be issued to any person who is the owner of record of any property for which property taxes are then delinquent of more than two (2) years.
(c) Exemption: The prohibition against the issuance of permits or licenses contained in Section 1123.01 of this Chapter shall not apply when the permit is made in an attempt to improve the life or living conditions of a person with a physical disability or who is handicapped.
(Ord. 990-2020. Pssed 3-2-20.)
1123.02 APPLICATION FOR ZONING PERMIT.
The Application for a Zoning Permit shall be made on the Forms supplied by the Zoning Inspector and shall be signed by the owner or applicant as follows:
(a) A separate Application shall be created for Fences/Hedges.
(b) A separate Application for all Commercial properties shall be created.
(c) A separate Application for all Residential properties shall be created.
(Ord. 987-2020. Passed 3-2-20.)
1123.03 APPROVAL OF A ZONING PERMIT.
Within thirty (30) days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Ordinance. One copy of the plans of the proposed structure shall be returned to the applicant indicating the approval or disapproval of the applications. A second copy of the proposed plans, similarly marked, shall be retained by the Zoning Inspector for record keeping purposes. Upon approval of the application, the Zoning Inspector shall issue a placard to be posted in a conspicuous place on the property in question attesting to the fact that the use or alteration is in compliance with provisions of this Ordinance.
(Ord. 717. Passed 7-10-89.)
1123.04 SUBMISSION TO THE DIRECTOR OF TRANSPORTATION.
Before any zoning permit is issued affecting any land within three hundred (300) feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certifications to local officials by the Director of Transportation or any land within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by registered mail to the Director of Transportation that he or she shall not issue a zoning permit for one hundred twenty (120) days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit. If the Director of Transportation notifies the Zoning Inspector that acquisition of said land at this time is not in the public interest or upon expiration of the one hundred twenty (120) day period, or any extension thereof agreed upon by the Director of Transportation and the property owner, the Zoning Inspector shall, if the application is in compliance with all provisions of this Ordinance, issue the zoning permit.
(Ord. 717. Passed 7-10-89.)
1123.05 EXPIRATION OF ZONING PERMIT.
If the work described in any zoning permit has not begun within six (6) months from the date of issuance thereof, said permit shall expire; it shall be revoked by the Zoning Inspector; and written notice thereof shall be given to the person or persons affected. If the work described in any zoning permit has not been substantially completed within (1) year of the date of issuance thereof, said permit shall expire and be revoked by the Zoning Inspector, and there shall be a written notice that further work as described in the canceled permit shall not proceed unless and until a new zoning permit is issued for temporary structures and said permit shall be valid for a maximum of three (3) months. (Ord. 717. Passed 7-10-89.)
1123.06 CERTIFICATE OF OCCUPANCY.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or any part thereof hereafter created, erected, changed, converted, or wholly or partially altered or enlarged in its use or structure, until a certificate of occupancy permit shall have been issued therefor by the Zoning Inspector stating that the proposed use of the building or land complies to the requirements of this Ordinance.
(Ord. 717. Passed 7-10-89.)
1123.07 RECORD OF ZONING PERMITS AND CERTIFICATES OF OCCUPANCY.
The Zoning Inspector shall maintain a record of all zoning permits and certificates of occupancy and these documents may be reviewed upon request.
(Ord. 717. Passed 7-10-89.)
1123.08 FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF OCCUPANCY.
Failure to obtain a zoning permit or certificate of occupancy shall be a violation of this Ordinance and punishable under Section 1123.11.
(Ord. 717. Passed 7-10-89.)
1123.09 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMTIS AND CERTIFICATES.
Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this Ordinance and punishable as provided in Section 1123.11.
(Ord. 717. Passed 7-10-89.)
1123.10 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person or persons may file a written complaint. Such complaint must state fully the causes and basis thereof and shall be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate said complaint and take action thereon as provided by this Ordinance.
(Ord. 717. Passed 7-10-89.)
1123.11 PENALTIES FOR VIOLATIONS.
Violation of the provisions of this Zoning Ordinance, or failure to comply with any
of its requirements, including violations of conditions and safeguards established in various sections of this Ordinance, shall constitute a misdemeanor. Any person or persons who violates this Ordinance or fails to comply with any of its requirements on first offense shall be fined not more than one hundred fifty dollars ($150.00) or imprisoned for not more than thirty (30) days, or both, and in addition, shall pay all costs and expenses involved in the case. Second offense shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty (30) days or both, and in addition, shall pay all costs and expenses involved in the case. Third offense shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation(s) continues, after receipt of a violation(s) notice, shall be considered a separate offense. The owner, lessee, occupant or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, or maintains such violation(s) may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violation(s).
(Ord. 990-2020. Passed 3-2-20.)
1123.12 SCHEDULE OF FEES, CHARGES AND EXPENSES.
The Village Council shall establish, by ordinance, a schedule of fees, charges and expenses and a way of collecting them for the Zoning Permits, amendments, appeals, variances, conditional use permits, plan approvals and certificates of occupancy and other such items pertaining to the administration of this Ordinance. In addition, the expenses incurred due to enforcement of this Ordinance, due to investigations, inspections, advertising, postage and other expenses shall be subject to Village Council collection procedures. The schedule of fees shall be posted in the office of the Zoning Inspector and may be altered or amended only by the Village Council. All fees, charges or expenses incurred must be paid in full before any action on an application or appeal is taken.
(Ord. 717. Passed 7-10-89.)
1125.01 OFFICE OF THE ZONING INSPECTOR CREATED.
A Zoning Inspector appointed by the Mayor shall administer and enforce this Ordinance. He or she may be provided with the assistance of such other person or persons as the Mayor may direct.
(Ord. 717. Passed 7-10-89.)
1125.02 DUTIES OF THE ZONING INSPECTOR.
For the purpose of this Ordinance, the Zoning Inspector shall have the following duties:
(a) Upon finding that any of the provisions of this Ordinance are being violated, he/she shall notify in writing the person or persons responsible for such violation(s), ordering the action necessary to correct such violation(s);
(b) Order discontinuance of illegal use of land, buildings, or structures;
(c) Order the removal of illegal buildings or structures or illegal additions or structural alterations;
(d) Order the discontinuance of any illegal work being done;
(e) Take any other action authorized by this Ordinance to insure compliance with or to prevent violation(s) of this Ordinance. This may include the issuance of and action of Zoning and certificate of occupancy permits and such similar administrative duties as are permissible under the law.
(Ord. 717. Passed 7-10-89.)
1125.03 PROCEEDINGS OF THE PLANNING COMMISSION.
The Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance. Meetings shall be held at the call of the Chairman and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep the minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examination and other official actions all of which shall be a public record and be immediately filed in the office of the Commission.
(Ord. 717. Passed 7-10-89.)
1125.04 DUTIES OF THE PLANNING COMMISSION.
For the purpose of this Ordinance, the Commission shall have the following duties:
(a) Initiate proposed amendments to the Ordinance;
(b) Review all proposed amendments to the Ordinance and make recommendations to the Village Council as specified in Chapter 1127;
(c) Should meet once per year for organizational purposes.
(Ord. 717. Passed 7-10-89.)
1125.05 BOARD OF ZONING APPEALS CREATED.
A Board of Zoning Appeals is hereby created, which shall consist of five (5) members to be appointed by the Mayor, each for a term of five (5) years, except that the initial appointments shall be one (1) member each for one (1), two (2), three (3), four (4), and five (5) year terms. Each member shall be a resident of the Village zoned. Members of the Board may be removed from office by the Village Council for cause upon written charges and after a public hearing. Vacancies shall be filled by appointment by the Mayor for the unexpired term of the member affected.
(Ord. 717. Passed 7-10-89.)
1125.06 PROCEEDINGS OF THE BOARD OF ZONING APPEALS.
The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or, in his or her absence, the acting Chairman, may administer oaths to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board.
(Ord. 717. Passed 7-10-89.)
1125.07 DUTIES OF THE BOARD OF ZONING APPEALS.
In exercising its duties, the Board may, as long as such action is in conformity with the terms of this Ordinance, reverse or affirm, wholly or partially, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination on the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to affect any variation in the application of this Ordinance. For the purpose of this Ordinance, the Board has the following specific responsibilities:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector.
(b) To authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of this Ordinance will not result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done.
(d) The Board of Zoning Appeals shall have the authority to grant exceptions. An exception is a use permitted only after review of an application by the Board of Zoning Appeals, such review being necessary because the provisions of this Zoning Code covering conditions, precedent or subsequent, are not precise enough or are too general to cover all applications without interpretation of the Board of Zoning Appeals. In granting an exception, the Board may impose such conditions as it may deem necessary to protect the public health, safety or welfare and to further the purpose and intent of the Zoning Code. The Board shall not, however, have the right to change the intent of this Zoning Code by permitting any use that cannot be reasonably interpreted as intended in the district in question.
(Ord. 811. Passed 10-6-97.)
1125.08 DUTIES OF THE ZONING INSPECTOR, BOARD OF ZONING APPEALS, VILLAGE COUNCIL AND COURTS ON MATTERS OF APPEAL.
It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Inspector, and that recourse from the decision of the Board shall be to the courts as provided by law. It is further the intent of this Ordinance that the duties of the Village Council shall not include hearing and deciding such questions shall be as stated in this chapter and in this Ordinance. Under this Ordinance, the Village Council shall only have the duties of considering and adopting or rejecting proposed amendments or the fees and charges as stated in Section 1123.12. Nothing in this Ordinance shall be interpreted to prevent any official of the Village form appealing a decision of the Board to the courts as provided in Chapter 2505 and 2506 of the Ohio Revised Code. Any such appeal shall be made within ten (10) days of the Board’s written decision.
(Ord. 717. Passed 7-10-89.)
1125.09 PROCEDURES AND REQUIREMENTS FOR APPEALS AND VARIANCES.
1125.10 APPEALS.
Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Ordinance may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the Village affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty (20) days after the decision by filing, with the Zoning Inspector and with the Board of Zoning Appeals, a notice of appeal, specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed from was taken.
(Ord. 717. Passed 7-10-89.)
1125.11 STAY OF PROCEEDINGS.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is filed with him/her, finds that by reason of facts stated in the application, a stay would, in his/her opinion, cause eminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken or due cause shown.
(Ord. 717. Passed 7-10-89.)
1125.12 VARIANCES.
The Board of Zoning Appeals may authorize upon appeal, in specific cases, such variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same District or no permitted or nonconforming use of lands, structures or buildings in other Districts shall be considered grounds for issuance of a variance. Variances shall be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Ordinance would result in unnecessary hardship.
(Ord. 717. Passed 7-10-89.)
1125.13 APPLICATION AND STANDARDS FOR VARIANCES.
A variance from the terms of this Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for the variance is submitted to the Zoning Inspector and the Board of Zoning Appeals. Such application shall be supplied by the Zoning Inspector. Additional information required by the Zoning Inspector or the Board shall be submitted as needed. A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed by Section 1125.12 have been met by the applicant.
(Ord. 717. Passed 7-10-89.)
1125.14 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Ordinance in the District involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said District. In granting an appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards when made a part of the terms under which the appeal or variance is granted shall be deemed a violation of this Ordinance and punishable under Section 1123.11.
(Ord. 717. Passed 7-10-89.)
1125.15 PUBLIC HEARINGS BY THE BOARD OF ZONING APPEALS.
The Board of Zoning Appeals shall hold a public hearing within twenty (20) days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
(Ord. 717. Passed 7-10-89.)
1125.16 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing required in Section 1125.15, notice of such hearing shall be given in one or more newspapers of general circulation of the Village at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
(Ord. 717. Passed 7-10-89.)
1125.17 NOTICE TO PARTIES OF INTEREST.
Before holding a public hearing required in Section 1125.15, written notice of such hearing shall be mailed by first class mail, at least ten (10) days before the date of the hearing, to all parties of interest. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1125.16.
(Ord. 717. Passed 7-10-89.)
1125.18 ACTION BY THE BOARD OF ZONING APPEALS.
Within thirty (30) days after the public hearing required in Section 1125.15, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in Section 1125.14, or disapprove the request for appeal or variance. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. Appeals from Board decisions shall be made in the manner specified in Section 1125.08.
(Ord. 717. Passed 7-10-89.)
1125.19 PROCEDURES AND REQUIREMENTS FOR APPROVAL OF CONDITIONAL USE PERMITS.
1125.20 GENERAL PROVISIONS.
It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually. These specific uses as they are conditionally permitted under provisions of Chapters 1107 to 1113, shall follow the procedures set forth in Sections 1125.21 through 1125.25, inclusive.
(Ord. 717. Passed 7-10-89.)
1125.21 SPECIAL USES.
(a) Where there is a disagreement over the exact location of the boundaries of the Flood Plain District, the Board of Zoning Appeals shall direct the person questioning the boundary location, to retain, at their own expense, a registered surveyor or professional engineer to undertake a flood hazard study to determine the point of land which corresponds to the profile for the 100 year flood.
(b) If a person desires to utilize the land as permitted by the District with which the Flood Plain District is combined, but such utilization is not permitted or conditionally permitted in the Flood Plain District, and it can be shown that such use will not increase flood stages during the 100 year flood or be subject to physical harm, such use may be permitted. Field survey costs and engineering consultant costs must be paid by the persons proposing the special use.
(Ord. 717. Passed 7-10-89.)
1125.22 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1123.11.
(Ord. 717. Passed 7-10-89.)
1125.23 PROCEDURE FOR HEARING AND NOTICE.
Upon receipt of the application for a conditional use permit specified in Section 1117.14, the Board shall hold a public hearing, publish notice in a newspaper(s) and give written notice to all parties in interest according to the procedures specified in Sections 1125.16 and 1125.17 and this Ordinance.
(Ord. 717. Passed 7-10-89.)
1125.24 ACTION BY THE BOARD OF ZONING APPEALS.
Within thirty (30) days after the public hearing required in Section 1125.23, the Board shall either approve, approve with supplementary conditions as specified in Section 1125.22, or disapprove the application as presented. If the application is approved or approved with modifications, the Board shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Board. If the application is disapproved by the Board, the applicant may seek relief through the Court of Common Pleas. Appeals from Board decisions shall be made in the manner specified in Section 1125.08.
(Ord. 717. Passed 7-10-89.)
1125.25 EXPIRATION OF CONDITIONAL USE PERMIT.
A conditional use permit shall be deemed to authorize one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than one (1) year.
(Ord. 717. Passed 7-10-89.)
1127.01 PROCEDURE FOR AMENDMENT OR DISTRICT CHANGES.
1127.02 GENERAL PROVISIONS.
Whenever the public necessity, convenience, general welfare or good zoning practices require, Village Council may, by Ordinance, after receipt of recommendation thereon from the Planning Commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.
(Ord. 717. Passed 7-10-89.)
1127.03 INITIATION OF ZONING AMENDMENTS.
Amendments of this Ordinance may be initiated in one of the following forms:
(a) By adoption of a motion by the Planning Commission;
(b) By adoption of a resolution by the Village Council;
(c) By the filing of an application by at least one (1) owner or lessee of the property within the area proposed to be changed or affected by said amendment.
(Ord. 717. Passed 7-10-89.)
1127.04 APPLICATION FOR ZONING AMENDMENT.
Applications for amendments of this Ordinance or Official Map, shall be submitted to the Zoning Inspector. Said application shall be completed and submitted to the Zoning Inspector along with any additional information deemed necessary.
(Ord. 717. Passed 7-10-89.)
1127.05 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 (1) owner or lessee of property, said resolution or application shall be transmitted to the Commission.
(Ord. 717. Passed 7-10-89.)
1127.06 SUBMISSION TO THE DIRECTOR OF TRANSPORTATION.
Before any zoning amendment is approved affecting any land within three hundred (300) feet of the centerline of the proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Director of Transportation. The Commission may proceed as required by law, however, the Village Council shall not approve the amendment for one hundred twenty (120) days from the date the notice is received by the Director of Transportation.
If the Director of Transportation notifies the Village that he/she shall proceed to acquire the land needed, then the Village shall refuse to approve the rezoning. If the Director of Transportation notifies the Village that the acquisition, at this time, is not in the public interest or upon expiration of the one hundred twenty (120) day period or any extension thereof agreed upon by the Director of Transportation and the property owner, the Village Council shall proceed as required by law.
(Ord. 717. Passed 7-10-89.)
1127.07 RECOMMENDATION BY THE PLANNING COMMISSION.
Within sixty (60) days from 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 requested, or it may recommend that the amendment be denied.
(Ord. 717. Passed 7-10-89.)
1127.08 PUBLIC HEARING BY THE VILLAGE COUNCIL.
Upon receipt of the recommendation from the Planning Commission, Village Council shall schedule a public hearing. Said hearing shall not be more than forty (40) days from the receipt of the recommendation from the Planning Commission.
(Ord. 717. Passed 7-10-89.)
1127.09 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Notice of the public hearing required in Section 1127.08 shall be given by Village Council to at least one (1) publication in one (1) or more newspapers of general circulation in the Village affected. 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. 717. Passed 7-10-89.)
1127.10 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 Clerk of Council, by first class mail, at least twenty (20) days before the day of the public hearing to all owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and to such other list or lists that may be specified by Village Council. The failure to deliver the notification, as provided in this part of these regulations shall not invalidate any such amendment. The notice shall contain the same information as required of notices in newspapers as specified in Section 1127.09.
(Ord. 717. Passed 7-10-89.)
1127.11 ACTION BY THE VILLAGE COUNCIL.
Within thirty (30) days after the public hearing required by Section 1127.08, the Village Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event that Village Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than three fourths (3/4) of the members of the Village Council voting to dispense with this rule.
(Ord. 717. Passed 7-10-89.)
1127.12 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 equal to not more than ten percent (10%) of the total vote cast in such area at the last preceding general election at which the Governor was elected, requesting the Village for approval or rejection at the next general election.
(Ord. 717. Passed 7-10-89.)
1127.13 ANNEXATION.
All the land annexed to the Village, subsequent to the adoption of this Ordinance, shall remain subject to the previous County, Township zoning district until such time as the Official Zoning Map is amended according to the provisions 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 Official Zoning Map is amended according to the provisions of this Section.
(Ord. 717. Passed 7-10-89.)
1129.01 PROVISIONS OF THIS ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety and the general welfare. Whenever the requirements of this Ordinance conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive, or that imposing the higher standard, shall govern.
(Ord. 717. Passed 7-10-89.)
1129.02 SEPARABILITY CLAUSE.
Should any section or provision of this Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
(Ord. 717. Passed 7-10-89.)
CODIFIED ORDINANCES OF PERRYSVILLE