email from Resident concerned about Zoning Hearing rules

Got a detailed email from a Resident re notice of Public Hearing. In a nutshell, Ohio Law seems to say 30 days notice before holding the meeting, and we won't yet have 30 days by Monday 3/22. Note is included below. Many thanks for the diligence!

I've fwded to Ed Mctigue, our Solicitor, for review. And I'll bring up during the Hearing.

Cortney
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notice from the Village office, dated 03/12/10, of the public hearing to be held on 03/22/10 concerning the proposed zoning change requested by Mr. Spinnenweber.

I would refer you to Ohio Revised Code, section 713.12 concerning requirements for any zoning map changes:

http://codes.ohio.gov/orc/713.12

Which indicates, in part:

"Before any ordinance, measure, regulation, or amendments thereto, authorized by sections 713.07 to 713.11 , inclusive, of the Revised Code, may be passed the legislative authority of the municipal corporation shall hold a public hearing thereon, and shall give at least thirty days’ notice of the time and place thereof in a newspaper of general circulation in the municipal corporation..."

The referenced sections, 713.07 to 713.11 concern zoning. Clearly a notice published on March 12 of a meeting on March 22 is insufficient legal notice by state law.

Further, section 713.10, at:

http://codes.ohio.gov/orc/713.10

indicates, in part:

"The legislative authority of such municipal corporation may amend or change the number, shape, area, or regulations of or within any [zoning] district, but no such amendment or change shall become effective unless the ordinance proposing it is first submitted to the planning commission, board, or officer for approval, disapproval, or suggestions and the commission, board, or officer is allowed a reasonable time, not less than thirty days, for consideration and report."

Again, I believe this other required minimum thirty days did not occur.

Further, I believe that since the legislative authority (i.e. council) is 'holding' the public hearing, it amounts to a council meeting (for this subject alone), requiring a quorum of council members, and that minutes be kept as an official record of the hearing.