Amendments To Township Zoning Resolution
Step 1 “INITIATION” of a change to the township zoning text or zoning plan can be made by the following:
1) Motion from the zoning commission.
2) Certification of a resolution by the board of trustees.
3) An applicant for the change by one or more owners or lessees in the proposed areas to be changed or to be affected by the proposed amendment.
Step 2 “SCHEDULE PUBLIC HEARING” Upon receipt of such request, the zoning commission must schedule a public hearing not less than twenty (20) or more than forty (40) days from the date of such certification of such a resolution, the date of adoption of such a motion, or the date of the filing of such an application.
Step 3 “PUBLIC NOTICE” The zoning commission shall place notice of the public hearing given by the commission by one publication in one or more newspapers of general circulation in the township at least ten (10) days before the date of the hearing.
1. Should the proposed amendment alter the text of the zoning resolution, or rezones or redistricts more than ten parcels of land as listed on the county auditor’s current tax list, the published notice shall state the time, date, and the place of the public hearing and include the following:
1) The name of the township zoning commission that will be conducting the hearing on the proposed amendment;
2) A statement indicating that the motion, application, or resolution is an amendment to the zoning resolution;
3) The time and place where the text and maps of the proposed amendment will be available for examination for a period of at least ten (10) days prior to the hearing;
4) The name of the person responsible for giving notice of the hearing by publication;
5) A statement that, after the conclusion of the hearing, the matter will be submitted to the board of township trustees for its action;
6) Any other information requested by the commission.
OR
2. If the proposed amendment intends to rezone or redistrict ten or fewer parcels of land, 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 road from the area proposed to be rezoned or redistricted to the addresses of those owners appearing on the county auditor’s current tax list. Published or mailed notices shall contain the date, time, and place of public hearing:
1) The name of the township zoning commission that will be conducting the hearing;
2) A statement indicating that the motion, resolution, or application is an amendment to the zoning resolution;
3) A list of the addresses of all properties to be rezoned or redistricted by the proposed amendment and the names of owners of those properties, as they appear on the county auditor’s tax list;
4) The present zoning classification of property named in the proposed amendment and the proposed zoning classification of that property;
5) The time and place where the motion, resolution, or application proposing to amend the zoning resolution will be available for examination for a period of at least ten (10) days prior to the hearing;
6) The name of the person responsible for giving notice of the hearing by publication;
7) A statement that, after the conclusion of the hearing, the matter will be submitted to the board of township trustees for its action;
8) Any other information requested by the commission.
Step 4 “SUBMIT TO COUNTY PLANNING” Within five (5) days of adoption of the motion, certification of the proposed amendment, or filing of application to redistrict or rezone, the township zoning commission shall supply a copy of the application with text and map to county planning for review. In general, county planning meets once a month. Check for scheduling as this process can take up to thirty (30) days for this review. County planning may recommend the approval or denial for the proposed amendment or the approval of some modification of it and shall submit its recommendation to the township zoning commission. The recommendation shall be considered at the public hearing held by the township zoning commission on the proposed amendment. Zoning Resolution changes for both hard and electronic copy should be as follows, additions to be double underlined previous text, deletions to have a line striking the text to be removed.
Step 5 “ZONING COMMISSION FINAL RECOMMENDATION” With thirty (30) days after the final hearing, the zoning commission shall recommend to the township board of trustees the approval or denial of the proposed amendment, or the approval of some modification of the amendment. A motion shall be submitted to the township board of trustees along with the application, or resolution involved, and the text pertaining to the proposed amendment, and to include the recommendation from county planning regarding this change.
Step 6 “TOWNSHIP BOARD OF TRUSTEES HOLDS PUBLIC HEARING” Upon receipt of recommendation, the board of trustees shall set a time for a public hearing on the proposed amendment not more than thirty (30) days from receipt of recommendation from the zoning commission. Notice of such public hearing shall be given by the board of trustees by one publication in one or more newspapers of general circulation in the township, with a least ten (10) days prior to the date of the hearing. The notice shall include the time, date, and place of the public hearing.
1. If the proposed amendment intends to rezone or redistrict ten or fewer parcels of land, the public notice shall also include:
1) The name of the board of township trustees that will be conducting the hearing;
2) A statement indicating that the motion, application, or resolution is an amendment to the zoning resolution;
3) A list of addresses of all properties to be rezoned or redistricted by the proposed amendment and of the names of owners of those properties, as they appear on the auditor’s tax list;
4) The proposed zoning classification of that property;
5) The present zoning classification of the property named in the proposed amendment and the proposed zoning classification of that property;
6) The time and place where the motion, application, or resolution proposing to amend the zoning resolution will be available for review for a period of at least ten (10) days prior to the scheduled hearing;
7) Name of the person responsible for giving notice of the hearing by publication, by mail, or by both publication and mail;
8) Any other information requested by the board of trustees.
OR
2. If the proposed amendment alter the text of the zoning resolution, or rezones or redistricts more than ten parcels of land, the public notice shall also include
1) The name of the board of trustees that will be conducting the hearing on the proposed amendment.
2) A statement indicating that the motion, application, or resolution is an amendment to the zoning resolution;
3) The time and place where the text and maps of the proposed amendment will be available for review for a period of at least ten (10) days prior to the scheduled hearing;
4) Name of the person responsible for giving notice of the hearing by publication;
5) Any other information requested by the board.
Step 7 “BOARD OF TRUSTEES RULING ON THE REQUEST FOR CHANGE” The board of trustees shall either adopt or deny the recommendations of the township zoning commission or adopt by resolution some modification of the request with twenty (20) days of the public hearing. If the board of trustees denies or modifies the zoning commission request, it would require a majority vote of the board of trustees to rule.
Step 8 “ADOPTED AMENDMENT BY THE BOARD OF TRUSTEES” If the proposed amendment is adopted by the board of trustees, it shall become effective thirty (30) days after the date of adoption. During this thirty (30) day time period a referendum may be presented. *See O.R.C. §§519.12 (H) and 519.121 for requirements for township residents to submit petition requiring the board of trustees to submit the proposed amendment to the electorate.
Step 9 “FILING OF CHANGES TO THE RESOLUTION” After the thirty (30) day period has passed with no objections or after the proposed amendment has been approved by the electorate (if a petition was submitted), the board of trustees must file the final document with the county recorder’s office within five (5) days. The board of trustees shall also file duplicates of the same documents with county planning.
For further consideration the following information may be of benefit to township zoning:
1) Failure to file a resolution, or any text and maps, or duplicates of any these documents, with the office of the county recorder or the county planning office as required by O.R.C. Chapter 519 does not invalidate the resolution and is not grounds for an appeal of any decision of the township board of appeals.
2) Notifications on all public hearings should be placed in the “legal section” of the local newspaper requesting a “Proof of Publication” to be placed in the hearing file.
3) Notifications to the residents should be sent by “certified or registered mail” with “confirmation of delivery.” Should notifications be returned, send a second mailing by regular mail, making note of the effort in the hearing file.
4) Minutes must be taken at all hearings and meetings conducted by the Zoning Commission and the Board of Trustees. In addition, if a commission or board so chooses, the hearings and/or meetings may be audio or video recorded (this is not required by the Revised Code).
For additional information or clarification please refer to Ohio Revised code Chapter 519 Township Zoning. The sections that apply to amendments to the zoning resolution are:
519.12 Amendments to zoning resolution; procedure; referendum; form of petition; filing requirements.
519.121 Validity of amendments or supplements.
519.122 Time for challenging validity of zoning resolution or amendment to resolution.
For questions regarding your resolution changes, you may contact County planning office (419) 281 7645 or e-mail: planning@ashlandcounty.org
These steps for changes and amendments to township zoning have been prepared for the use of Ashland County Planning as a guideline to township zoning by Elaine Tannner, Jackson Township Zoning Commission Secretary. The content of this document reviewed by the Ashland County Prosecutors’ office with the assistance of Tim Cooper, Ashland County Planning…
October 2010