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Can the city change the zoning of a parcel withou

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SEEKING THE TRUTH View Drop Down
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    Posted: Jul 13 2015 at 11:11pm
Can the city change the zoning on a parcel without proper notice. If so what is proper notice?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: Jul 14 2015 at 1:49am
Originally posted by SEEKING THE TRUTH SEEKING THE TRUTH wrote:

Can the city change the zoning on a parcel without proper notice. If so what is proper notice?
No, they cannot change zoning without proper notice.  "Proper notice" Can be found in Section 1284.02 of the Middletown Codified City Ordinances cited, in part, below:

§ 1284.02 Middletown - Planning and Zoning Code
(c) Planning Commission public hearing. Before submitting its recommendations and report to the City Council, the
Planning Commission shall hold a public hearing on the proposed amendment or change, after giving notice of the time and place of such hearing to all property owners referred to in division (b)(4) hereof who, in the opinion of the Planning Commission, may be affected by such amendment or change, and in accordance with such rules of procedure as the Planning Commission may establish.
(d) Failure of notification. The failure to notify as set forth in division (c) hereof shall not invalidate an ordinance,
provided that such failure was not intentional, and the omission of the name of any property owner who may, in the opinion of the Planning Commission, be affected by such amendment or change, shall not invalidate any ordinance passed hereunder, it being the intention of this chapter to provide, so far as may be practicable, notice to the persons substantially interested in the proposed amendment or change, that an ordinance is pending before the City Council proposing to make a change in the Official Zoning Map or the regulations set forth in this Zoning Ordinance.

NOTE:  " division (b)(4) " reads as follows:
The names and addresses of all property owners within the same block and within 200 feet of the boundaries
of such property.

I hope that this helps!
“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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SEEKING THE TRUTH View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SEEKING THE TRUTH Quote  Post ReplyReply Direct Link To This Post Posted: Jul 14 2015 at 10:17am
Resolution R201317 what was the propose of this resolution it was to split 2410 Carmody and reduce the amount of trailers allowed to exist from 300 to 150 so why does DOUG ADKINS state in a letter to the owner that this changed his zoning at the address of 2400 Carmody Blvd Mike. Another Marty screw up and now a another Doug cover up.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SEEKING THE TRUTH Quote  Post ReplyReply Direct Link To This Post Posted: Jul 22 2015 at 10:02pm
Mike If someone wanted to rezone a property or change a adopted plan what would be the process for the owner per the city regulations for this action. Anyone know?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: Jul 24 2015 at 5:14pm
Originally posted by SEEKING THE TRUTH SEEKING THE TRUTH wrote:

Mike If someone wanted to rezone a property or change a adopted plan what would be the process for the owner per the city regulations for this action. Anyone know?
SEEKING:
Below is an excerpt from Middletown's 2009 Codified City Ordinances. there are also a host (several pages) of "definitions" that go along with these regulations that are listed in Section 1288,01  I would think the rules are essentially the same today, but I would strongly urge anyone considering submitting a zoning change application to obtain a copy of the latest Codified City Ordinances. There is a good chance that there have been changes in the last six years.

I hope that this helps!

§ 1284.02 PROCEDURE FOR AMENDMENT.

Applications for any amendment to the regulations or change in district boundaries or classification of property shall be

submitted to the office of the Director of Planning and Community Development, upon such forms and accompanied by such

information and data as may be prescribed by the Planning Commission, so as to assure the fullest practicable presentation

of facts for the permanent record.

(a) Application guidance. Prior to acceptance of any application for amendment or change, an applicant shall have

obtained a review of the application from the Director. Immediately upon acceptance of such application, the Director shall

forward such application to the Clerk of the City Council for filing.

(b) Information required. The Planning Commission shall prescribe information to be submitted for amendment

applications. Such information shall include the following:

(1) The name and address of the person(s) requesting such change;

(2) An accurate layout of the property included in such application, surveyed or reproduced from plat maps;

(3) Existing zoning and requested zoning; and

(4) The names and addresses of all property owners within the same block and within 200 feet of the boundaries

of such property.

 (c) Planning Commission public hearing. Before submitting its recommendations and report to the City Council, the

Planning Commission shall hold a public hearing on the proposed amendment or change, after giving notice of the time and

place of such hearing to all property owners referred to in division (b)(4) hereof who, in the opinion of the Planning

Commission, may be affected by such amendment or change, and in accordance with such rules of procedure as the Planning

Commission may establish.

(d) Failure of notification. The failure to notify as set forth in division (c) hereof shall not invalidate an ordinance,

provided that such failure was not intentional, and the omission of the name of any property owner who may, in the opinion

of the Planning Commission, be affected by such amendment or change, shall not invalidate any ordinance passed hereunder,

it being the intention of this chapter to provide, so far as may be practicable, notice to the persons substantially interested in

the proposed amendment or change, that an ordinance is pending before the City Council proposing to make a change in the

Official Zoning Map or the regulations set forth in this Zoning Ordinance.

(e) Staff recommendation. The Director shall review the proposed amendment or change and render a report thereon

analyzing the advantages and disadvantages of the proposal.

(f) Planning Commission recommendation. Following such public hearing and review of the report of the Director,

the Planning Commission may recommend that the application be approved as requested, be modified in certain respects or

be denied. These recommendations shall then be certified to the City Council.

(g) City Council public hearing. The City Council shall also hold a public hearing before adoption of an ordinance

authorizing any proposed amendment or change. In order that opportunity will be afforded to any person wishing to be heard,

at least 30 days’ notice of such hearing shall be given by publication in a daily newspaper of general circulation in the City.

(Ord. 4886, passed 12-27-1968)

§ 1284.03 APPLICATION FEES.

In cases where applications for zone changes are initiated by a property owner, the required fee, covering application

processing and publication costs as set forth in Chapter 1286, shall be paid in the office of the Director of Planning and

Community Development at the time of application.

(Ord. 4886, passed 12-27-1968)

 

§ 1286.01 FEES ESTABLISHED.

There is established herein a schedule of fees or charges sufficient to reimburse the City for administrative expenses

involved in processing zone changes, development plans, Certificates of Zoning Compliance, appeals, and other matters

pertaining to this Zoning Ordinance. Such schedule of fees shall be posted in the office of the Zoning Administrator and may

be altered or amended only by action of the City Council.

(Ord. O97-75, passed 7-15-1997)

§ 1286.02 SCHEDULE OF FEES.

The following schedule of fees shall apply to the processing of items listed:

Item Fee

Zone change $300.00

Preliminary development plan $300.00

Final development plan $500.00

Development plan minor amendment $200.00

Conditional use plan $250.00

Conditional use plan minor amendment $100.00

Use adjustments $150.00

Appeals $150.00

Certificate of zoning compliance

Residential $30.00

“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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