Oak Hill News

Posted on: August 7, 2017

Public Notice Ordinance Packet

City of Oak Hill                                      

             

5548 Franklin Pike, Suite 102                                                615-371-8291               fax - (855) 611-8980

Nashville, Tn  37220                                                                 email – jeff.clawson@oakhilltn.us

August 7, 2017


To:                   Planning Commission and Board of Zoning Appeals Members

From:             Jeff Clawson, City Manager

Subject:         Public Notice Ordinance

Members,

The City currently has two ordinances that address public notice requirements.  These two ordinances have been confusing to follow so I have attached a new ordinance designed to simplify the public notice requirements.

The current ordinances addressing the public notice issue are ordinances O-15-09-01-70 and O-15-09-02-90.

The new ordinance is designed to replace the existing two ordinances.  Currently, the process to notify citizens is unclear and therefore leads to questions as to how and/or when the citizens should be notified.  This is especially true in reference to the planning commission and the board of zoning appeals.

The new ordinance requires that the citizens be notified prior to the Board of Commissioners’ addressing any ordinance that relates to the City’s Zoning Ordinance.

This will be on the agenda for your upcoming meetings.

 

Thanks,

Jeff


ORDINANCE O-17-09-01-70

 

AN ORDINANCE REGARDING SPECIAL PUBLIC NOTICE FOR ALL ZONING AND LAND USE ORDINANCES AND RESOLUTIONS 

WHEREAS, BY VIRTUE OF ITS INCORPORATION UNDER Tennessee Code Annotated, Title 6, Chapter 18, the City of Oak Hill has among its ordinance powers the authority to regulate zoning and land use control; and 

WHEREAS, the work of the Board of Commissioners is central to the City’s mission of preserving its natural resources and residential environment; and

WHEREAS, before enacting a zoning ordinance or any amendment thereof, the Board of Commissioners shall hold a public hearing with at least fifteen (15) days’ notice of the time and place of such public hearing shall be published in a newspaper of general circulation in the municipality; and

WHEREAS, the citizens of Oak Hill should receive advance notice of all zoning ordinances being considered by the Board of Commissioners involving any area included or proposed to be included in the City’s Zoning Ordinance.

BE IT ORDAINED BY THE CITY OF OAK HILL, AS FOLLOWS:

The Board of Commissioners of the City of Oak Hill hereby resolves to amend and restate the public notice requirements for amendments to the zoning ordinance as follows:

  • Delete:  Ordinance O-15-09-01-70 – An Ordinance Regarding Notice of Planning Commission Consideration and Action.
  • Delete:  Ordinance O-15-09-02-90 – An Ordinance Regarding Notice of Consideration and Action or Inquiries relating to Zoning and Land Use Control.
  • Add:  In addition to any notice, publication or posting requirements currently required by law, the citizens of Oak Hill shall receive advance notice of all proposed changes to the existing zoning ordinance.  Advance notice will be sent by U. S. Mail to all households.
  • Add:  The notice will be posted to the City’s website, as well as any proposed ordinance.  All households will receive said notice at least fifteen days in advance of the Board of Commission meeting when said ordinance will be scheduled for a first reading.


. . . . . . . . . . . . 

BELOW ARE THE CURRENT ORDINANCES THAT WOULD BE REPLACED WITH THE ORDINANCE (ABOVE) ORDINANCE O-17-09-01-70


ORDINANCE O-15-09-01-70

 

AN ORDINANCE REGARDING NOTICE OF PLANNING COMMISSION CONSIDERATION AND ACTION

 

WHEREAS, pursuant to T.C.A. Sections 6-19-101 and 13-4-101, and the Oak Hill Municipal Code, Title 14, Chapter 1, Section 14-101 through 14-106, there exits in the City of Oak Hill a Municipal Planning Commission (the “Planning Commission”); and

  

WHEREAS, the Planning Commission is charged with various functions and duties, including but not limited to making and adopting an official general plan for the physical development of the City, making reports and recommendations relating to the plan and development of the City, enforcing regulations governing the subdivision of land, approving and disapproving the subdivision of land in the City and subdivision plats, and approving and disapproving site plans, including but not limited to the development on steep slopes and in the Radnor Lake Natural Area Impact Zone; and

  

WHEREAS, the work of the Planning Commission is central to the City’s mission of preserving its natural resources and residential environment; and

  

WHEREAS, citizens of Oak Hill should receive advance notice of all matters being considered by the Planning Commission involving the subdivision of land, the consolidation of existing lots, or plat or site plan approval, as well as cases involving development on steep slopes and/or in the Radnor Lake Natural Area Impact Zone, now , therefore;

  

BE IT ORDAINED BY THE CITY OF OAK HILL, AS FOLLOWS:

  

The Board of Commissioners of the City of Oak Hill hereby resolves as follows:

  

  • In addition to any notice, publication or posting requirements currently required by law, prior to Planning Commission meetings, the citizens of Oak Hill shall receive advance notice of all matters to be considered by the Planning Commission involving the subdivision of land, the consolidation of existing lots, or plat or site plan approval, as well as cases involving development on steep slopes and/or in the Radnor Lake Natural Area Impact Zone, through posting on the City’s website, making all documents submitted in support of any proposal available for inspection in the City offices when the City offices are open, and by providing notice to residents in proximity to the involved property the same as in the case of applications before the Board of Zoning Appeals.
  • This ordinance, after having been read and passed on two different days in open session, and not less than one week having elapsed between the first and second readings, shall take effect upon the later of the following dates: 

 

[1] Fifteen (15) days after the first passage thereof, or

 

[2] On the second reading and passage thereof, the welfare of the City requiring it.

  

Passed 1st Reading:     _________________________, 2015

   

Passed 2nd Reading:    _________________________, 2015

     

______________________________

 

Mayor Ron Coles

______________________________


City Recorder/Clerk

Approved as to form and legality

________________________________

City Attorney


ORDINANCE O-15-09-02-90

 

AN ORDINANCE REGARDING NOTICE OF CONSIDERATION AND ACTION OR INQUIRIES RELATING TO ZONING AND LAND USE CONTROL

 

WHEREAS, pursuant to T.C.A. Sections 6-18-101 et seq., the City of Oak Hill is established pursuant to City Manager-Commission Charter; and

WHEREAS,  by virtue of its incorporation under Tennessee Code Annotated, Title 6, Chapter 18, the City of Oak Hill has among its ordinance powers the authority to regulate zoning and land use control; and

WHEREAS, pursuant to T.C.A. Section 6-20-205, the legislative or ordinance powers are delegated to and vested in the Board of Commissioners; and

WHEREAS, pursuant to this authority, the City, through its Board of Commissioners, has adopted an ordinance related to Zoning and Land Use Control (Ordinance 12-16;  An Ordinance of the City of Oak Hill, Tennessee, to Amend Title 14, Chapters 1, 2, and 3 of the Municipal Code Regarding Zoning and Land Use Control) (the “Zoning Ordinance”); and

WHEREAS, in accordance with the City’s history and mission, the City has not permitted (except for previously existing nonconforming uses), and the Zoning Ordinance does not provide for, a zoning classification other than Single Family Residential; and

WHEREAS, the work of the Board of Commissioners is central to the City’s mission of preserving its natural resources and residential environment; and

 

WHEREAS, citizens of Oak Hill should receive advance notice of all zoning matters being considered by the Board of Commissioners relating to zoning and land use control, including but not limited to the amendment of the Zoning Ordinance, changes to this Ordinance, Ordinance

O-15-09-02-90, the creation of new zoning districts or classifications, revisions to the definitions of zoning districts or classifications, the rezoning of property, changes to the setback requirements for property located in zoning districts or classifications, changes to the height limitations on improvements constructed within any zoning districts or classifications, or changes to the lot, yard, bulk and density requirements for zoning districts or classifications, now, therefore:

BE IT ORDAINED BY THE CITY OF OAK HILL, AS FOLLOWS:

The Board of Commissioners of the City of Oak Hill hereby resolves as follows:

  • In addition to any notice, publication or posting requirements, currently required by law, prior to any Board of Commissioners meeting which includes zoning or land use matters as an agenda item, the citizens of Oak Hill shall receive advance notice of all such matters to be considered by the Board of Commissioners, including but not limited to the amendment of the Zoning Ordinance, changes to this Ordinance, Ordinance

 O-15-09-02-90, the creation of new zoning districts or classifications, revisions to the definitions of zoning districts or classifications, the rezoning of property, changes to the setback requirements for property located in zoning districts or classifications, changes to the height limitations on improvements constructed within any zoning districts or classifications, or changes to the lot, yard, bulk and density requirements for zoning districts or classifications, through posting on the City’s website, and making all documents, including correspondence relating to such matters, available for inspection in the City offices when the City offices are open, and by notifying all Oak Hill households by U. S. Mail with the intent of delivery of such notification at least 14 calendar days, but not more than 30 calendar days, prior to any Board of Commissioners meeting where a vote on such action is to be taken or is scheduled to be taken.  In addition, the City shall provide notice of any such action to all households in the City of Oak Hill which are signed up for any 

  • city sponsored email notification service by notification at least 14 calendar days, but not more than 30 calendar days, prior to any Board of Commissioners meeting where a vote on such action is to be taken or it scheduled to be taken.  The intent is to notify as many households as practical in a timely, efficient and cost effective manner.
  •  
  • In the event the Board of Commissioners, any individual Commissioner, the Planning Commission or any employee of the City, including but not limited to the City Manager, whether at the instruction of any Commissioner or the Board of Commissioners or on his/her own initiative, initiates a process to change, or a study to consider changing, the Zoning Ordinance relating to the creation of new zoning districts or classifications, revisions to the definitions of zoning districts or classifications, the rezoning of property, changes to the setback requirements for property located in zoning districts or classifications, changes to the height limitations on improvements constructed within any zoning districts or classifications, or changes to the lot, yard, bulk and density requirements for zoning districts or classifications, the City shall immediately notify all Oak Hill household by U.S. Mail and shall immediately provide notice of any such action to all households in the City of Oak Hill which are signed up for any city sponsored email notification service by notification.  The intent is to notify as many households as practical in a timely, efficient and cost effective manner.
  •  
  • This ordinance, after having been read and passed on two different days in open session, and not less than one week having elapsed between the first and second readings, shall take effect upon the later of the following dates: 

[1] Fifteen (15) days after the first passage thereof, or

[2] on the second reading and passage thereof, the welfare of the City requiring it.

Passed 1st Reading:     _________________________, 2015

Passed 2nd Reading:    _________________________, 2015

______________________________

Mayor Ron Coles

______________________________

City Recorder/Clerk

Approved as to form and legality

________________________________

City Attorney





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