ARTICLE 6 - TOWNSHIP ZONING COMMISSION:
DISTRICT CHANGES AND RESOLUTION AMENDMENTS 

SECTION 601            TOWNSHIP ZONING COMMISSION 

601.01 ORGANIZATION 

The Board of Township Trustees of Clay Township, proceeding under Chapter 519.01 to 519.99, inclusive, of the Ohio Revised Code, shall create and establish a Township Zoning Commission.  The Commission shall be composed of five (5) members and two alternates who reside in the unincorporated area of the Township, included within this Zoning Plan, to be appointed by the Board of Township Trustees; and the terms of the members shall be of such length and so arranged that the term of one member will expire each year.  The Board of Township Trustees may appoint a member of either the County or Regional Planning Commission to serve on the Township Zoning Commission. 

601.02 REMOVAL 

Each member shall serve until his successor is appointed and qualified.  Members of the Zoning Commission shall be removable in accordance with Chapter 519.04, Ohio Revised Code. 

SECTION 602            DISTRICT CHANGES AND RESOLUTION AMENDMENTS 

Applications for amendments to the Zoning Plan shall be filed in accordance with the filing procedures adopted by the Clay Township Zoning Commission, adapted from Chapter 519.12, Ohio Revised Code, and summarized as follows: 

An amendment, supplement, reclassification, or change may be initiated by a verified application of one (1) or more of the owners or lessees of property within the area proposed to be changed or affected by this Resolution. 

Once the application is filed and fees paid, the Township Zoning Commission shall set a date for a public hearing, which shall not be less than twenty (20) nor more than forty (40) days from the filing date.  Notice of the hearing shall be given in a newspaper of general circulation in the Township at least fifteen (15) days before the hearing date. 

If the proposed amendment or supplement requests re-zoning or redistricting of ten (10) or less parcels of land as listed on the tax duplicate, written notice of the hearings shall be mailed to property owners within 500 feet of the proposed area.  The failure of delivery of such notice shall not invalidate any such amendment or supplement. 

Within five (5) days after the adoption of such motion or the certification of such resolution or the filing of such application, the Township Zoning Commission shall transmit a copy thereof, together with text and map pertaining thereto, to the County Planning Commission.  The County Planning Commission shall make recommendations regarding each request to the Township Zoning Commission for consideration at its public hearing. 

The Township Zoning Commission shall, within thirty (30) days after such hearing, recommend the approval or denial of the proposed amendment or supplement or the approval of some modification thereof and submit such recommendation to the Board of Township Trustees. 

The Board of Township Trustees shall, upon receipt of such recommendations, set a time for public hearing on the proposal, 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 the hearing shall be given in a newspaper of general circulation in the Township at least fifteen (15) days before the hearing date. 

Within twenty (20) days after such public hearings, the Board of Township Trustees shall either adopt or deny the recommendations of the Zoning Commission or adopt some modification thereof.  The Board of Township Trustees may deny or modify the zoning Commission recommendation, but it shall require the unanimous vote of the Board. 

Such amendment or supplement adopted by the Board of Trustees shall become effective in thirty (30) days after the date of such adoption unless, within thirty (30) days after the adoption of the amendment or supplement, there is presented to the Board of Township Trustees a petition, signed by a number of qualified voters residing in the unincorporated area of the Township or part thereof included in the Zoning Plan 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 Trustees to submit the amendment or supplement of the electors of such area for approval or rejection at the next primary or general election. 

No amendment or supplement for which such 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. 

602.02 WRITTEN APPLICATION 

Eight (8) copies of a provided application form shall be filed with the Township Zoning Commission at their public office. 

A. Description of Change 

The application shall include the following statements: 

1. A description or statement of the present and proposed
provisions of this Zoning Resolution or
the boundaries of the Zoning District Map. 

2. A description sufficient to identify the property, including a reference of the volume and page of the last recorded deed. 

3. The proposed use of the property. 

4. A statement of the necessity or desirability of the proposed use to the neighborhood or community. 

5. A statement of the relationship of the proposed use to the adjacent property and land use. 

6. A list of the owners of property within five hundred (500) feet from such area to be re-zoned.  Such list is to be in accordance with the Montgomery County Auditor’s current tax list. 

7. Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the application or required for appropriate action by the Township Zoning Commission or Township Trustees.