Ohio § 519.12

§ 519.12.

(A)(1) Amendments to the zoning resolution may be initiated by motion of the township zoning

commission, by the passage of a resolution by the board of township trustees, or by

the filing of an application by one or more of the owners or lessees of property within

the area proposed to be changed or affected by the proposed amendment with the township

zoning commission.  The board of township trustees may require that the owner or lessee of property

filing an application to amend the zoning resolution pay a fee to defray the cost

of advertising, mailing, filing with the county recorder, and other expenses.  If the board of township trustees requires such a fee, it shall be required generally,

for each application.  The board of township trustees, upon the passage of such a resolution, shall certify

it to the township zoning commission. (2) Upon the adoption of a motion by the township zoning commission, the certification

of a resolution by the board of township trustees to the commission, or the filing

of an application by property owners or lessees as described in division (A)(1) of

this section with the commission, the commission shall set a date for a public hearing,

which date shall not be less than twenty nor more than forty days from the date of

the certification of such a resolution, the date of adoption of such a motion, or

the date of the filing of such an application.  Notice of the hearing shall be given by the commission by one publication at least

ten days before the date of the hearing using at least one of the following methods: (a) In the print or digital edition of one or more newspapers of general circulation

in the township; (b) On the official public notice web site established under section 125.182 of the Revised Code ; (c) On the web site and social media account of the township. (B) If the proposed amendment intends to rezone or redistrict ten or fewer parcels of

land, as listed on the county auditor's current tax list, written notice of the hearing

shall be mailed by the township zoning commission, by first class mail, at least ten

days before the date of the public hearing to all owners of property within and contiguous

to and directly across the street from the area proposed to be rezoned or redistricted

to the addresses of those owners appearing on the county auditor's current tax list.  The failure of delivery of that notice shall not invalidate any such amendment. (C) If the proposed amendment intends to rezone or redistrict ten or fewer parcels of

land as listed on the county auditor's current tax list, the published and mailed

notices shall set forth the time, date, and place of the public hearing and include

all of the following: (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 of the names of owners of those properties, as they appear on the county

auditor's current 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

days prior to the hearing; (6) The name of the person responsible for giving notice of the hearing by publication,

by mail, or by both publication and mail; (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. (D) If the proposed amendment alters 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 set forth the time, date, and place of the public

hearing and include all of 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 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. (E)(1)(a) Except as provided in division (E)(1)(b) of this section, within five days after

the adoption of the motion described in division (A) of this section, the certification

of the resolution described in division (A) of this section, or the filing of the

application described in division (A) of this section, the township zoning commission

shall transmit a copy of it together with text and map pertaining to it to the county

or regional planning commission, if there is such a commission, for approval, disapproval,

or suggestions. The county or regional planning commission shall recommend the approval or denial

of 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. (b) The township zoning commission of a township that has adopted a limited home rule

government under Chapter 504. of the Revised Code is not subject to division (E)(1)(a)

of this section but may choose to comply with division (E)(1)(a) of this section. (2) The township zoning commission, within thirty days after the hearing, shall recommend

the approval or denial of the proposed amendment, or the approval of some modification

of it, and submit that recommendation together with the motion, application, or resolution

involved, the text and map pertaining to the proposed amendment, and the recommendation

of the county or regional planning commission on it to the board of township trustees. (3) The board of township trustees, upon receipt of that recommendation, shall set a

time for a public hearing on the proposed amendment, which date shall not be more

than thirty days from the date of the receipt of that recommendation.  Notice of the hearing shall be given by the board by one publication at least ten

days before the date of the hearing using at least one of the following methods: (a) In the print or digital edition of one or more newspapers of general circulation

in the township; (b) On the official public notice web site established under section 125.182 of the Revised Code ; (c) On the web site and social media account of the township. (F) If the proposed amendment intends to rezone or redistrict ten or fewer parcels of

land as listed on the county auditor's current tax list, the published notice shall

set forth the time, date, and place of the public hearing and include all of the following: (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 the 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 county

auditor's current 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, application, or resolution proposing to amend

the zoning resolution will be available for examination for a period of at least ten

days prior to the hearing; (6) The name of the person responsible for giving notice of the hearing by publication,

by mail, or by both publication and mail; (7) Any other information requested by the board. (G) If the proposed amendment alters 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 set forth the time, date, and place of the public

hearing and include all of the following: (1) The name of the board of township 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 examination for a period of at least ten days prior to the hearing; (4) The name of the person responsible for giving notice of the hearing by publication; (5) Any other information requested by the board. (H) Within twenty days after its public hearing, the board of township trustees shall

either adopt or deny the recommendations of the township zoning commission or adopt

some modification of them.  If the board denies or modifies the commission's recommendations, a majority vote

of the board shall be required. Except as provided in division (J) of this section, the proposed amendment, if adopted

by the board, shall become effective in thirty days after the date of its adoption,

unless, within thirty days after the adoption, 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 of that unincorporated area included

in the zoning plan equal to not less than thirty-five per cent of the total vote cast

for all candidates for governor in that area at the most recent general election at

which a governor was elected, requesting the board of township trustees to submit

the amendment to the electors of that area for approval or rejection at a special

election to be held on the day of the next primary or general election that occurs

at least ninety days after the petition is filed.  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 . The form of a petition calling for a zoning referendum and the statement of the circulator

shall be substantially as follows: “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 _____________ Township,

_________________ County, Ohio, adopted _____(date)_____ (followed by brief summary

of the proposal). To the Board of Township Trustees of _____________________ Township, _________________

County, Ohio: We, the undersigned, being electors residing in the unincorporated area of _______________________

Township, included within the _____________ Township Zoning Plan, equal to not less

than fifteen per cent 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 ________________________ Township residing within the unincorporated area

of the township included in the __________________ Township Zoning Resolution, for

approval or rejection at a special election to be held on the day of the primary or

general election to be held on _____(date)_____, pursuant to section 519.12 of the Revised Code . Street Address Date of Signature or R.F.D.  Township Precinct County Signing __________________________________________________________________________________________________________________________ STATEMENT OF CIRCULATOR I, _____________(name of circulator)__________, declare under penalty of election

falsification that I am an elector of the state of Ohio and reside at the address

appearing below my signature;  that I am the circulator of the foregoing part petition

containing _______(number)_______ signatures;  that I have witnessed the affixing

of every signature;  that all signers were to the best of my knowledge and belief

qualified to sign;  and that every signature is to the best of my knowledge and belief

the signature of the person whose signature it purports to be or of an attorney in

fact acting pursuant to section 3501.382 of the Revised Code . ___________________________________ (Signature of circulator) ___________________________________ (Address of circulator's permanent residence in this state) ___________________________________ (City, village, or township, and zip code) WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.” The petition shall be filed with the board of township trustees and shall be accompanied

by an appropriate map of the area affected by the zoning proposal.  Within two weeks after receiving a petition filed under this section, the board

of township trustees shall certify the petition to the board of elections.  A petition filed under this section shall be certified to the board of elections

not less than ninety days prior to the election at which the question is to be voted

upon. The board of elections shall determine the sufficiency and validity of each petition

certified to it by a board of township trustees under this section.  If the board of elections determines that a petition is sufficient and valid, the

question shall be voted upon at a special election to be held on the day of the next

primary or general election that occurs at least ninety days after the date the petition

is filed with the board of township trustees, regardless of whether any election will

be held to nominate or elect candidates on that day. No amendment for which such a referendum vote has been requested shall be put into

effect unless a majority of the vote cast on the issue is in favor of the amendment.  Upon certification by the board of elections that the amendment has been approved

by the voters, it shall take immediate effect. (I) Within five working days after an amendment's effective date, the board of township

trustees shall file the text and maps of the amendment in the office of the county

recorder and with the county or regional planning commission, if one exists. The failure to file any amendment, or any text and maps, or duplicates of any of these

documents, with the office of the county recorder or the county or regional planning

commission as required by this section does not invalidate the amendment and is not

grounds for an appeal of any decision of the board of zoning appeals. (J)(1) Notwithstanding any contrary provision of the Revised Code, a decision of the board

of township trustees to adopt a proposed amendment to the zoning text or map to rezone,

redistrict, or otherwise make an amendment related to, any property involved in a

megaproject as defined in section 122.17 of the Revised Code shall take effect immediately upon adoption and is exempt from the referendum procedures

in division (H) of this section. (2) If a proposed amendment establishes or modifies planned-unit development regulations,

the following apply in lieu of the contrary provisions of division (H) of this section: (a) The board of elections shall determine the sufficiency and validity of the petition

not later than thirty days after the petition is certified to the board of elections

by the board of township trustees. (b) If the board of elections determines there is an insufficient number of valid signatures,

the board immediately shall notify the person who presented the petition.  The person may submit additional signatures not later than ten days after the notification.