Vermilion City Zoning Code
CHAPTER 1266
Amendments
1266.01 AUTHORITY OF COUNCIL.
Council may, by ordinance, after public notice and hearings as provided herein, amend, supplement or change the regulations, district boundaries or classification of property now or hereafter established by this Zoning Code or amendments thereof.
(Ord. 66-103. Passed 12-19-66.)
1266.02 INITIATION OF AMENDMENTS.
Any proposed amendment, supplement or change to this Zoning Code may be initiated by any person filing a petition therefor, by the City Planning Commission passing a resolution therefor, or by the introduction of an ordinance therefor in Council. (Ord. 71-79. Passed 11-15-71.)
1266.03 INITIATION BY PETITION.
A petition to amend, supplement or change this Zoning Code shall be filed in writing with the City Planning Commission in accordance with the City Charter, the rules and regulations of the Planning Commission and the following:
(a) The petition may be filed by any of the following:
(1) The owner of lands which are, or which are located within the land area which is, the subject matter of the proposed amendment, supplement or change;
(2) An agent of the owner of such lands which are, or which are located within the land area which is, the subject matter of the proposed amendment, supplement or change, provided that an authorization of agency by the owner is provided in writing to the Commission;
(3) The owner and purchaser by land contract, jointly, of lands which are, or which are located within the land area which is, the subject matter of the proposed amendment, supplement or change; or
(4) The owner and optionee, jointly, of lands which are, or which are located within the land area which is, the subject matter of the proposed amendment, supplement or change.
(Ord. 17-79. Passed 11-15-71.)
(b) The petition filed with the Commission shall be accompanied by a filing fee of two hundred fifty dollars ($250.00), which is non-refundable, plus a one thousand seven hundred fifty dollar ($1,750) deposit of which all costs incurred will be deducted from.
(Ord. 2005-20. Passed 3-21-05; Ord. 2023-4. Passed 2-6-23.)
(c) Five copies, plus one reproducible copy, of a plan drawn to scale showing the present zoning and an outline of the location of the proposed change or changes shall be attached to the petition filed with the Commission. Such plan shall indicate all owners of record of lands located within 300 feet of the lands which are the subject matter of the proposed amendment, supplement or change. The plan shall also include the following items:
(1) The current mailing address of the owners of record of lands located within 300 feet of the lands which are the subject matter of the proposed amendment, supplement or change;
(2) Property lines of all owners of record of lands located within 300 feet of the lands which are the subject matter of the proposed amendment, supplement or change;
(3) A legal description of the lands which are the subject matter of the proposed amendment, supplement or change; and
(4) A key plan or small location plan showing the general area surrounding the lands which are the subject matter of the proposed amendment, supplement or change.
(d) The applicant shall also furnish to the Commission all surveys, supplemental data or other information that may be requested by the Commission.
(e) All plans and surveys presented to the Commission shall bear the seal and signature of a surveyor registered in the State.
(Ord. 17-79. Passed 11-15-71.)
1266.04 INITIATION BY RESOLUTION OR ORDINANCE.
If an amendment, supplement or change is initiated by resolution of the Planning Commission, such change, amendment or supplement shall be prepared in ordinance form for introduction in Council. Upon its introduction in Council, Council shall set the same for public hearing and shall provide for the proper notice thereof, all as provided by this Zoning Code.
If the amendment is initiated by its introduction as an ordinance in Council, the ordinance shall forthwith be referred to the City Planning Commission for action thereon. (Ord. 66-103. Passed 12-19-66.)
1266.05 CONSIDERATION BY PLANNING COMMISSION.
The Planning Commission shall consider the petition for amendment, supplement or change filed with it pursuant to Section 1266.03 and shall act upon the matter within sixty days from the date of filing of such petition, unless an extension of time for acting on such petition is mutually agreed upon by the Commission and the party presenting such petition, such extension not to exceed sixty days, for the sole purpose of obtaining reports from applicable planning commissions concerning such petition. The Commission shall consider the amendment, supplement or change referred to it by Council and shall act upon such matter as is provided by the City Charter within sixty days from the date of referral unless a different period of time is provided by Council. If the Commission fails to act within the time allotted, it shall be deemed to have approved such matter.
(Ord. 71-79. Passed 11-15-71.)
1266.06 DATE AND NOTICE FOR PUBLIC HEARING.
Upon receipt of a notice of an action from the Planning Commission regarding a proposed ordinance amending this Zoning Code or the Zoning Map, or upon the introduction of such an ordinance when initiated by the Commission, Council shall establish a date for a public hearing of such ordinance. The date of such public hearing shall be not less than thirty days after the date of the hearing is established. The Clerk of Council shall give written notice by first class mail at least twenty days before the date of the public hearing to all owners of record of lands located within 300 feet of the lands which are the subject matter of the proposed amendment, supplement or change. Any notice given shall set forth the time and place of public hearing and a summary of the proposed amendment. A copy of the proposed ordinance or amended Zoning Map and all reports in connection therewith shall be on file for public inspection in the office of the Clerk of Council.
(Ord. 71-79. Passed 11-15-71.)
1266.07 PROCEDURE AT PUBLIC HEARING; RECESSES.
At the public hearing provided for in Section 1266.06, any interested person who desires to present reasons for or against the adoption of a proposed amendment shall be heard, subject, however, to reasonable regulations of council or rulings from the presiding officer. Council, by motion, may, from time to time, recess the public hearing to an announced date, but it shall not be necessary to give notice, such as is prescribed in Section 1266.06, of the time when and the place where the hearing is to be resumed. Council need not take final action on such proposed amendment at the time of such public hearing.
(Ord. 66-103. Passed 12-19-66.)
1266.08 ACTION BY COUNCIL.
At any time after the conclusion of the public hearing required by this chapter, Council may adopt the proposed ordinance by the affirmative vote of at least a majority of the members of Council eligible to vote, provided the proposed ordinance was initiated by the Planning Commission or had received the prior approval by the Commission. If the proposed ordinance or any part thereof had been disapproved by the Commission, it shall be adopted only if it receives the affirmative vote of two-thirds of all members of Council eligible to vote.
(Ord. 66-103. Passed 12-19-66.)