143 -AMENDMENTS OR SUPPLEMENTS

 

143.1 REQUIREMENTS FOR CHANGE:   Whenever the public necessity, convenience, general welfare or good zoning practice justify such action, and after consideration by the Zoning Commission and the County Planning Commission, the Board of Trustees may, by resolution, change the regulations set forth in this Resolution and may change the zoning districts as established on the District Map.

 

143.2   INITIATION OR APPLICATION FOR AMENDMENT OR SUPPLEMENT: A proposed amendment or supplement to a district or text of the Zoning Resolution may be initiated by the Zoning Commission, the Board of Trustees, or by an application of one or more owners of property within the area proposed to be changed.  The Board of Trustees, upon the passage of a resolution for the initiation of a change, shall certify it to the Zoning Commission.

 

Any communication purporting to be an application for an amendment or supplement shall contain the exact dimensions of the properties involved in the request, the communication shall contain the section number.  The form for making application for a zoning change shall be supplied to any applicant.  The communication shall further state the reasons for the request of a change or addition.  With the application, the applicant shall also supply the following supporting information: a legal description of the property to be re-zoned, a vicinity map showing property lines, streets, and existing and proposed zoning, a copy of the proposed amendment or addition to the zoning text.  A fee established by the Board of Township Trustees shall also accompany all applications for re-zoning or amendments to the Zoning Resolution.

 

143.3 HEARING BY ZONING COMMISSION: Upon the certification of such resolution or the filing of such application, the Township Zoning Commission shall set a date for a public hearing thereon, which date shall not be less than twenty (20) nor more than forty (40) days from the date of the certification of such resolution or the date of filing of such application.  Notice of such hearing shall be given by the Township Zoning Commission by one (1) publication in one (1) or more newspapers of general circulation in the Township at least ten (10) days before the date of such hearing.

 

If the proposed amendment or supplement intends to re-zone or re-district ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Zoning Commission by first class mail, at least ten (10) 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 re-zoned or redistricted to the addresses of such owners appearing on the county auditor=s current tax list of the treasurer=s mailing list and to such other list or lists that may be specified by the Board of County Commissioners.  The failure of delivery of such notice shall not invalidate any such amendment or supplement.  The published and mailed notices shall set forth the time and place of public hearing, the nature of the proposed amendment or supplement, and a statement that after the conclusion of such hearing the matter will be referred for further determination to the county or regional planning commission and to the Board of Trustees as the case may be.    

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143.4 SUBMISSION OF PROPOSED CHANGE TO COUNTY PLANNING COMMISSION: Within five (5) days after the adoption of such motion or the certification of such resolution or the filing of such application, shall transmit a copy thereof together with the text and map pertaining thereto to the County Planning Commission.  The recommendation of the County Planning Commission, if submitted within twenty five (25) days after the receipt of the resolution or application, shall be considered at the public hearing held by the Zoning Commission on such proposed amendment or supplement.

 

143.5 APPROVAL OR DENIAL BY ZONING COMMISSION: The Township Zoning Commission shall within thirty (30) days after such hearing recommend the approval of denial of the proposed amendment, or denial of the proposed supplement, or the approval of some modification thereof and submit such recommendation together with such application or resolution, the text and map pertaining thereto, and the recommendation or report of the county Planning Commission thereon, to the Board of Township Trustees.

 

143.6 HEARING AND DECISION OF THE BOARD OF TRUSTEES: The Board of Township Trustees shall, upon receipt of such recommendation, set a time for a public hearing on such proposed amendment or supplement, which date shall not be more than thirty (30) days from the date of the receipt of such recommendation from the Township Zoning Commission.  Notice of such public hearing shall be given by the Board by one (1) publication in one (1) or more newspapers of general circulation in the Township; at least ten (10) days before the date of such hearing.  The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment or supplement.  Within twenty (20) days after such public hearing, the Board shall either adopt or deny the proposed amendment or supplement or adopt some modification thereof.  In the event the Board denies or modifies the recommendation of the Township Zoning Commission, the unanimous vote of the Board shall be required.

 

143.7   EFFECTIVE DATE OF AMENDMENT OR SUPPLEMENT: 

 

143.7.1 Such amendment or supplement adopted by the Board shall become effective in thirty (30) days after the date of such adoption unless within thirty (30) days after the date of adoption of the amendment or supplement there is presented to the Board of Township Trustees a petition signed by a number of registered electors residing in the unincorporated area of the Township or part thereof included in the Zoning Plan and affected by the amendment or supplement equal to not less than eight (8) percent of the total vote cast for all candidates for governor in such area at the last preceding general election at which a governor was elected, requesting the Board of Township Trustees to submit the amendment or supplement to the electors of such area for approval or rejection at a special election to be held on the day of the next primary or general election.  Each part of this petition shall contain the number and the full and correct title, if any, of the zoning amendment resolution, motion, or application, furnishing the name by which the amendment is known and a brief summary of its contents.  In addition to meeting the requirements of this section, each petition shall be governed by the rules specified in Section 3501.38 of the Revised Code.

 

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The form of a petition calling for a zoning referendum and the statement of the circulator shall be substantially as follows:

 

143.7.2 PETITION FOR ZONING REFERENDUM (if the proposal is identified by a particular name or number, or both these should be inserted here). . .

 

A proposal to amend the zoning map of the unincorporated area of Madison Township, Lake County, Ohio, adopted (date) followed by a brief summary of the proposal.

 

To the Board of Township Trustees of Madison Township, Lake County, Ohio.

 

We, the undersigned, being electors residing in the unincorporated area of Madison Township, included within the Madison Township Zoning Plan, equal to not less than eight percent of the total vote cast for all candidates for governor in the area at the preceding general election at which a governor was elected, request the Board of Township Trustees to submit this amendment of the zoning resolution to the electors of Madison Township residing within the unincorporated area of the township included in the Madison Township Zoning Resolution, for approval or rejection at a special election to be held on the day of the next primary or general election to be held on (date) pursuant to Section 519.12 of the Revised Code.

 

Signature, Street Address, Township Precinct, County or RFD and date of signing.

 

143.7.3 STATEMENT OF CIRCULATOR

 

(Name of circulator) . . declares under penalty of election falsification that he is an elector of the State of Ohio and resides at the address appearing below his signature hereto; that he is the circulator of the foregoing part petition containing (number) signatures; that he witnessed the affixing of every signature; that all signers were to the best of his knowledge and belief qualified to sign; that every signature is to the best of his knowledge and belief the signature of the person whose signature it purports to be.

 

(Signature of Circulator)

(Address)

(City, Village, or Township, and Zip Code)

 

 

 

 

 

 

 

 

 

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143.7.4 THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR NOT MORE THAN SIX MONTHS OR A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR BOTH.

 

The petition shall be filed, accompanied by an appropriate map of the area affected by the zoning proposal, with the Board of Township Trustees, which shall then transmit the petition within two weeks of its receipt to the board of elections, which shall determine the sufficiency and validity for the petition.  The petition shall be certified to the board of elections not less than seventy five (75) days prior to the election at which the question is to be voted upon.

 

143.7.5 Nothing herein contained shall require any change in the plans, construction, size or designated use of the building, structure or part thereof, for which a building permit has been granted before the enactment of this Resolution by the Board of Trustees, and the construction of which from such plans shall have been started within ninety (90) days of the date of enactment of this Resolution.  If any of the above requirements shall not have been fulfilled within the time stated above or if building operations are discontinued for a period of ninety (90) days, any further construction shall be in conformity with the provisions of this Resolution.

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