5 days ago
Unit development ordinance halted after ‘legal insufficiency' issue
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DAYTON, Ohio (WDTN) — An ordinance that may have opened the door to unit developments in Vandalia has been halted.
Following a special council meeting Monday, June 2, the city announced that a referendum petition made to place Ordinance 25-02 onto November's ballot was denied.
The ordinance approved a planned unit development and preliminary development plan as well as a zoning map change for land on 7848 South Brown School Road. It was initially passed by the council on March 3, 2025.
The Montgomery County Board of Elections and Vandalia city officials cited 'legal insufficiency,' as the factor behind the new decision.
The city received the referendum on April 2.
Eight days later, the county's Board of Elections office determined that the referendum met the signature threshold required, with 683 valid signatures declared.
On May 2, the owner of the property on South Brown School Road submitted a protest that challenged the validity of the referendum petition.
The protest was reviewed and it was subsequently determined that the referendum was formatted incorrectly.
'Specifically, the petition failed to include a mandatory Falsification Notice required by Ohio Revised Code 3501.38(J),' the city said in a press release.
The absence of the notice according to the city is how the petition was deemed a 'legal defect.'
The city says that this also means that the petition can't be corrected, which had been advised prior, leaving the referendum process concluded.
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