Archbold City Zoning Code
PLANNING COMMISSION
§ 152.140 ORGANIZATION.
(A) Appointment. There shall be a Planning Commission which will consist of five members. Three of the five members will serve three-year terms. Appointments will be made by the mayor with the approval of Council. The Mayor and one member of Council appointed annually by the mayor with concurrence of Council will complete the Commission.
(B) Public meetings. Meetings of the Commission shall be public and conform to the open meeting requirements of R.C. § 121.22 Ohio Sunshine Law.
(C) Election of officers. The Commission shall organize annually and elect a Chair and Vice Chair. The Zoning Inspector shall serve as the Secretary.
(D) Rules. The Commission may adopt from time to time such rules and regulations, as it may deem necessary to carry into effect the provisions of this chapter.
(E) Quorum. The majority of the members of the Planning Commission shall constitute a quorum. Any decision of the Commission must be approved by a vote of at least a majority of all the members.
(F) Minutes and records. The Commission designate a secretary for recordkeeping who may or may not be a member of the Commission. The Secretary shall keep detailed records of proceedings, showing the vote of each member; absence or failures to vote, and conditions of approval. Records of these meetings shall be kept in the Engineering and Zoning office and shall be available for examination.
(Ord. 2022-25, passed 3-21-2022)
§ 152.141 POWERS AND DUTIES.
(A) To initiate and review amendments to the Zoning Code and Zoning Map and make recommendations to Council.
(B) To approve or disapprove conditional use applications.
(C) To approve or disapprove matters related to nonconforming uses.
(D) To approve or disapprove major subdivision, preliminary plats.
(E) To approve or disapprove major site plan applications. The Commission may also refer a major site plan applications to Council final approval.
(F) To act in the capacity of the local planning agency and review comprehensive plans and other planning documents as requested by Council.
(Ord. 2022-25, passed 3-21-2022)
§ 152.142 PROCEDURES FOR ZONING CHANGE.
(A) Procedure. Applications for any change of district boundaries or classifications of property as shown on the zoning map shall be filed on forms approved by the Zoning Inspector and shall be accompanied by such data and information as may be prescribed, so as to assure the fullest practicable presentation of facts for the Commission's consideration. Such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications.
(B) Public hearing by Planning Commission. Before submitting its recommendation on a proposed zoning amendment to Council, the Commission shall hold a public hearing thereon, duly noticed at least 30 days in advance.
(1) Public notice shall be given by publication in a newspaper of general circulation in the municipality at least 30 days before the date of the hearing. The notice shall state the time and place of the public hearing and location at which the proposed amendment to the ordinance, including text and maps, may be examined.
(2) Notice to property owners.
(a) Notice of public hearing shall be given to owners of all properties lying within 200 feet of any part of the property proposed to be changed. Said notice shall give notice of time, place, and purpose of public the hearing on the proposed amendment(s), by mail not less than 20 days prior to the date of the hearing.
(b) Failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder; it being the intention of this section to provide due notice to the persons substantially interested in the proposed change.
(C) Action of Planning Commission. The Commission may recommend the application be granted as requested, modified, or denied. These recommendations shall then be certified to the Clerk and Council within 30 days of hearing.
(1) Voting by the Planning Commission on a zoning change shall take a three-fourths majority of voting members present to pass a motion, with a minimum of four present to conduct business.
(2) The Commission may recommend special conditions, which shall be applied to a specific parcel(s) of land or land use, which the applicant intends to place on the property. The special conditions shall be so specified in the recommendation to Council.
(D) Public hearing by Council. After receiving from the Planning Commission, the certification of the recommendations on the proposed amendment, and before adoption of such amendment, the Council shall hold a public hearing thereon.
(1) At least 30 days prior to the hearing a notice of the time and place of the public hearing shall be published in a newspaper, of general circulation in the municipality, once a week for two weeks. The notice shall state the place or places and times at which the proposed amendment to the zoning regulations including text and maps which may be examined.
(2) Notice to property owners.
(a) Notice of public hearing shall be given to owners of all properties lying within 200 feet of any part of the property proposed to be changed. Said notice shall give notice of time, place, and purpose of public the hearing on the proposed amendment(s), by mail not less than 20 days prior to the date of the hearing.
(b) Failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder; it being the intention of this section to provide due notice to the persons substantially interested in the proposed change.
(E) Action by Council.
(1) After receiving from the Planning Commission certification of the recommendations on the proposed amendment and after holding the above public hearing, the Council shall consider an ordinance specifying the zoning amendment and any conditions or modifications thereof and vote on the passage of the proposed amendment to the text of or the zoning map.
(2) No such ordinance, measure or regulation which differs from or departs from the plan or report submitted by the Commission, Board, or Officer shall take effect unless passed or approved by not less than three-fourths of the members of Council.
(Ord. 2022-25, passed 3-21-2022)
§ 152.143 CONDITIONAL USE.
(A) Under the authorization granted in R.C. Chapter 713 and by Council, the Planning Commission shall have the authority to decide applications for conditional uses specified in § 152.031, Master Use Table.
(1) In considering such applications the Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures and may impose such requirements and conditions as the Planning Commission may deem necessary for the protection of adjacent properties and the public interest, including specific limitations as to future expansion.
(B) The following basic standards shall apply to conditional uses in all districts:
(1) The location and size of the use.
(2) The nature and intensity of the operations involved in or conducted in connection with it.
(3) Its site layout and its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection with it will not be obviously hazardous, inconvenient or conflict with the normal traffic on residential streets.
(4) Consistency with the Comprehensive Plan.
(5) Consideration shall also be made for current and projected impacts including increases in population, convenient routes of pedestrian traffic, approved but not constructed development plans, and the general character and intensity of development of the area.
(6) The location and height of buildings, the location, nature, and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(7) Convenience of access by prospective patrons and employees, the physical and economic relationships of one type of use to another, and characteristic groupings of uses in a commercial or industrial district.
(C) The Planning Commission shall follow the procedures as outlined in § 152.145.
(Ord. 2022-25, passed 3-21-2022)
§ 152.144 NONCONFORMING USES.
It shall be the duty of the Planning Commission to make decisions regarding nonconforming uses pursuant to § 152.060, Nonconforming Uses.
(Ord. 2022-25, passed 3-21-2022)
§ 152.145 PROCEDURES FOR HEARINGS.
(A) Public hearing.
(1) Unless otherwise stated in this Code, the Commission shall hold a public hearing thereon, notice of which shall be given by publication in a newspaper of general circulation in the municipality at least 15 days before the date of the hearing. The notice shall state the place or places and times at which the proposed conditional use application shall be considered.
(2) Notice to property owners.
(a) Notice of public hearing shall be given to owners of all properties lying within 200 feet of any part of the property proposed to be changed. Said notice shall give notice of time, place, and purpose of public the hearing on the proposed amendment(s), by mail not less than 20 days prior to the date of the hearing.
(b) Failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder; it being the intention of this section to provide due notice to the persons substantially interested in the proposed change.
(B) Action of Planning Commission. The Commission may approve the application as requested, approve with conditions, or deny. If the specific land use is not under construction within two years from date of approval, the conditional use will become invalid. Voting by the Planning Commission shall require a majority of voting members to pass a motion.
(Ord. 2022-25, passed 3-21-2022)