Centerburg City Zoning Code
CHAPTER 1103
Administration and Enforcement
1103.01 PURPOSE.
The purpose of this chapter is to set forth the powers and duties of the Centerburg Village Council, Planning Commission, and Zoning Administrator with respect to the administration and enforcement of the provisions of this code.
(Ord. 2023-16. Passed 6-5-23.)
1103.02 REVIEW AUTHORITY NAMES, REFERENCES, AND DELEGATION.
(a) Review Authority Names and References. For the purposes of this code, the formal names of the administration and decision-making authorities identified above may also be referred to abbreviated names as identified below:
(1) The Village of Centerburg Village Council who may be hereafter referred to as "Village Council" or "Council."
(2) The Village of Centerburg Planning Commission who may be hereafter referred to as the "Planning Commission."
(3) The Village of Centerburg Village Administrator may be hereafter referred to as the "Village Administrator."
(4) The Village of Centerburg Zoning Administrator may be hereafter referred to as the "Zoning Administrator."
(b) Delegation of Authority. Whenever a provision appears requiring the head of a department or another officer or employee of the Village to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise. Such delegation may include delegations of duties to a outside contractor who is under contract with the Village to perform such duties. (Ord. 2023-16. Passed 6-5-23.)
1103.03 VILLAGE COUNCIL.
In addition to any other authority granted to the Village Council by ordinance or State law, the Village Council shall have the following powers and duties, as it relates to this code:
(a) Initiate, hear, review, and make decisions related to amendments to the text of this code or the zoning map;
(b) Hear, review, and make decisions related to planned developments in accordance with the procedures set forth in Chapter 1107: Planned Developments;
(c) Review and where Council deems appropriate, accept any proposed dedication of streets, utilities, and other public improvements required by this code;
(d) In appropriate circumstances, remove a member of Planning Commission in the same manner as provided for their appointment;
(e) Whether to accept, and if accepted, to hear, review, and make decisions on appeals from any of the following decisions made by the Planning Commission:
(1) Decisions on site plan applications;
(2) Decisions on conditional use permit applications;
(3) Decisions on the revocation of previously issued conditional use permits;
(4) Decisions on subdivision plats;
(5) Decisions on appeals of the Zoning Administrator's decision on zoning certificate applications or other administrative certificates or permits approved in the same manner as zoning certificates;
(7) Decisions on variances;
(8) Decisions on applications for the expansion, substitution, or reconstruction of a nonconforming use; and
(9) Decisions on development plans as part of planned development districts.
(f) Establish fees for review procedures, certificates, and permits outlined in this code; and
(g) Perform any other duties related to the administration and enforcement of this code as authorized by this code and the ORC.
(Ord. 2023-16. Passed 6-5-23.)
1103.04 PLANNING COMMISSION.
(a) Establishment. The Village of Centerburg Planning Commission is hereby established by Village Council.
(b) Membership and Terms.
(1) The Planning Commission shall be composed of a total of five (5) members that shall include:
A. The Mayor;
B. One member of Village Council to be elected by a majority of Council for the remainder of their term with Council; and
C. Three citizens of the Village to be appointed by the Mayor.
(2) The Planning Commission members shall serve a term of six (6) years each, with terms staggered so that there is an appointment every other year.
(3) Alternates.
A. Village Council may appoint up to one alternate member to the Planning Commission for the same term as other members of the board receive.
B. An alternate member shall meet the same appointment criteria as a regular member.
C. The designated alternate member may take the place of an absent regular member at any meeting of the Planning Commission.
D. The alternate member shall otherwise not be entitled to any rights, privileges, or obligations except when attending a meeting on behalf of an absent member, the alternate member may vote on any matter the absent member is authorized and eligible to vote for and provided the member attended all pertinent public meetings or hearings.
E. When a vacancy occurs, alternate members do not automatically become full members of the Planning Commission. Alternate members have to be appointed by the Village Council to fill a vacancy.
(c) General Provisions for the Planning Commission. The following provisions shall apply to the Planning Commission:
(1) All members shall be residents and electors of the Village at all times while serving in such capacity.
(2) Members of the Planning Commission may be removed by Village Council for cause.
(3) A vacancy occurring during the term of any member of the Planning Commission shall be filled through the same manner as the position was originally filled, for the unexpired term in a manner authorized for the original appointment.
(4) The Planning Commission may, by a majority vote of its entire membership, adopt written bylaws or rules for the governance of the Planning Commission. Such bylaws or rules shall be filed with the Clerk of Council.
(5) The Planning Commission shall keep minutes of their meetings and hearings, which shall be a public record.
(6) All meetings of the Planning Commission shall be open to the public, except for executive sessions in accordance with law.
(7) The departments, divisions and agencies of the Village shall cooperate with and assist the Planning Commission in implementing the purposes for which they are formed.
(8) Meetings.
A. At either the end of the last regular meeting of a calendar year, or the beginning of the first meeting of each year, the Planning Commission shall elect a Chairperson who shall serve for a one-year term. The Planning Commission may also elect a Vice-Chairperson. These officers shall be elected from among the members of the Planning Commission. During the temporary absence of the Chairperson, the Vice- Chairperson, where elected, shall fulfill the duties of the Chairperson. The Planning Commission shall hold such meetings as it may require for conducting its business. Prior to the end of each year, the members shall, by motion, determine the dates of its regular meetings for the succeeding year. Meetings may also be established at the call of the Chairperson, Village Administrator, or a majority of the members of the Planning Commission.
B. The Chairperson of the Planning Commission may, after consulting with the Zoning Administrator, cancel a meeting if there is no pending business to be conducted.
(9) Quorums and Decisions.
A. Any combination of three or more regular or alternate members of the Planning Commission shall constitute a quorum.
B. A motion made on a decision shall carry when at least three members of the Planning Commission concur.
C. Non-decision items, such as continuance or approval of minutes, shall only require a majority of the quorum of the Planning Commission to concur.
(d) Roles and Powers of the Planning Commission. The Planning Commission shall have the following roles and powers:
(1) Initiate, hear, review, and make recommendations to Village Council related to amendments to the text of this code or the zoning map;
(2) Hear, review, and make recommendations or decisions related to planned developments in accordance with Chapter 1107: Planned Developments;
(3) Hear, review, and make decisions on conditional use permits in the respective zoning district;
(4) In accordance with the authority granted by ORC Section 713.11(A), the Planning Commission may hear, review, and decide on appeals of any administrative decision where it is alleged there is an error in any administrative order, requirement, decision, or determination made by the Zoning Administrator, or other staff member authorized to make such decisions or orders;
(6) Hear, review, and decide on variance requests in accordance with the applicable provisions of this code;
(7) Review and make decisions on temporary use permits when the temporary use is reviewed as part of a site plan review application;
(8) Revoke previously approved conditional use permits upon a finding of a violation of the terms of such permits;
(9) Review and make decisions on the preliminary subdivision plats and final subdivision plats for major subdivisions;
(11) Consider, investigate, and report upon any special matter or question coming within the scope of its work as requested by Village Council, or the administration; and
(12) Perform any other duties related to the administration and enforcement of this code as authorized by this code, by ordinance of Village Council, and/or the ORC.
(Ord. 2023-16. Passed 6-5-23.)
1103.05 ZONING ADMINISTRATOR.
(a) Establishment. The position of the Village of Centerburg Zoning Administrator shall be established to aid in the administration and enforcement of this code. The Zoning Administrator shall be the Village Administrator, or any such other person or persons as designated by the Village Administrator.
(b) Roles and Powers of the Zoning Administrator. The Zoning Administrator shall have the following roles and powers to:
(1) Enforce the provisions of this code. The Zoning Administrator shall have all necessary authority on behalf of the Village to administer and enforce the provisions of this code. Such authority shall include the ability to order, in writing, the remedy of any condition found in violation of this Code and the ability to bring legal action to ensure compliance with the provisions including injunction, abatement, or other appropriate action or proceeding. All officials and employees of the Village may assist the Zoning Administrator by reporting to the Zoning Administrator any new construction, reconstruction, land uses, or violations that are observed;
(2) Grant temporary use permits unless the temporary use is approved as part of a site plan approval authorized by the Planning Commission;
(3) Attend all meetings of the Planning Commission;
(4) Review and make decisions on the issuance of zoning certificates or other permits reviewed in the manner of the zoning certificate as may be allowed by this code;
(5) Review and make decisions on questions of interpretation related to this code;
(7) Maintain in current status the "Official Zoning Map" of the Village of Centerburg;
(8) Receive, review for completeness, review or accept, and respond to questions regarding all review procedure applications established in this code;
(9) Participate in any pre-application meetings as may be requested by a property owner or potential applicant in accordance with this code;
(10) Refer requests for appeals of decisions to the Planning Commission;
(11) Provide such technical and consultation assistance as appropriate to the Planning Commission and Village Council in the exercise of their duties relating to this code;
(12) Prepare the agenda for the Planning Commission meetings, which includes the right to determine that an application is incomplete and therefore shall not be heard at the next available meeting;
(13) Prepare all materials for the Planning Commission meetings, and present applications thereat, including preparation of staff reports;
(14) Review, inspect property, and make decisions on compliance with the provisions of this code;
(15) Maintain permanent and current records of all applications;
(16) Investigate complaints and issue citations or other forms of enforcement and penalties for any violations and keep adequate records of all violations;
(17) Order discontinuance of any illegal work being done;
(18) Revoke a permit or approval issued contrary to this code or based on a false statement or misrepresentation on the application; and
(19) Take any other action authorized by this code to ensure compliance with or to prevent violation(s) of this code.
(c) Decisions of the Zoning Administrator. A decision of the Zoning Administrator may be appealed to the Planning Commission in accordance with Section 1103.14: Appeals unless another appeals board is established by this code.
(Ord. 2023-16. Passed 6-5-23.)
1103.06 COMMON REVIEW REQUIREMENTS.
The requirements of this section shall apply to all applications and procedures subject to review procedures established in this code, unless otherwise stated. While most review procedures are established within this chapter, the procedures for the Planned Development review are established in separate chapters.
(a) Common Application Requirements.
(1) Authority to File Applications.
A. Unless otherwise specified in this code, applications for review procedures defined in this code may be initiated by:
i. An owner of the property that is the subject of the application; or
ii. An agent authorized in writing by the owner, which may include a lessee of the property, attorney, or other representative.
B. Property owners, or their authorized agents, of all the lots subject to the review or submittal shall be required to sign the application or provide written documentation that a property owners wish to proceed with the application.
C. The Planning Commission or Village Council may initiate code text and map amendments under this code with or without written authorization or application from the property owner who may be affected.
(2) Application Contents.
A. Applications required under this code shall be submitted to the Zoning Administrator.
B. All applications shall be in a form, have such attachments, and be submitted in such numbers as established in writing by the Zoning Administrator, in consultation with the Planning Commission, and made available to the public as part of application forms.
C. Applications shall be accompanied by a fee, if required, in accordance with the fee ordinance adopted by Village Council pursuant to Section 1103.06(a)(3).
D. Complete Application Determination.
i. The Zoning Administrator shall only initiate the review and processing of applications submitted under this code after determining such application is complete.
ii. An application shall be determined to be complete if the applicant has submitted all of the forms, maps, and other submittal requirements required for the specified application. The Zoning Administrator may waive the submission of requirements if such requirements are not needed due to the type or scale of development, or are unnecessary for determining compliance with this code. Such waiver shall be provided to the applicant in writing as part of the record.
iii. The Zoning Administrator shall make a determination of application completeness within ten (10) business days of the application filing.
iv. If the application is determined to be complete, the application shall then be processed according to the procedures and timelines set forth in this code.
v. If an application is determined to be incomplete, the Zoning Administrator shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected and the Zoning Administrator determines that the application is complete.
vi. The Village shall not be required to process an incomplete application, forward an incomplete application to any decision-making body, or be subject to any required timelines of review for incomplete applications.
vii. If the applicant fails to correct all deficiencies and submit a complete application within sixty (60) days of the notice provided by the Zoning Administrator, the incomplete application shall not receive any further review, the applicant's original filing fee shall be forfeited, and the incomplete application shall be deemed withdrawn. The Zoning Administrator may grant one sixty (60)-day extension if just cause is shown, upon written request by the applicant, and may, but shall have no obligation to, return any portion of the filing fee the Zoning Administrator determines was not used or necessary for the review provided.
viii. No reconsideration of an incomplete application shall occur after expiration of the sixty (60)-day period, and an applicant in need of further development approval under the code shall, pursuant to all of the original requirements this chapter, submit a new application, and submit a new filing fee.
ix. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(3) Fees.
A. Any application subject to review under this code shall be accompanied by such fee as shall be specified from time to time by ordinance of Village Council. There shall be no fee, however, in the case of applications filed by the Village Council, the Planning Commission, or Village Staff.
B. The fees shall be in addition to any other fees that may be imposed by the Village, State, Knox County, or other agency having jurisdiction.
C. Such fees are adopted to cover the cost to the Village for investigations, legal advertising, postage, and other expenses resulting from the administration of planning and zoning activities.
D. Unless otherwise identified in the fee schedule adopted by Village Council, no application shall be processed or determined to be complete until the established fee has been paid.
E. If the Village determines that the costs on a particular application will exceed the filing fee as established by Village Council as a result of preparation of legal descriptions, maps, studies, or other required information, or as a result of the need for professional expert review, study, or testimony, the Village is authorized to collect such additional costs from the applicant.
F. Application fees are not refundable, and nontransferable, except where the Zoning Administrator determines that an application was accepted in error, the application was withdrawn and the Zoning Administrator determines a portion of the filing fee was not used or necessary for the review, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.
(4) Withdrawal of Application. Any request for withdrawal of an application shall be either submitted in writing to the Zoning Administrator or made at a meeting through a verbal request by the applicant prior to action by the review or decision-making body.
A. The Zoning Administrator shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice for the public hearing on the application in accordance with this code.
B. If the request for withdrawal of an application is submitted after publication of notice for the public hearing in accordance with this code, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision- making body.
(5) Reapplication after Denial of an Application. If an application is denied, the applicant may:
A. Appeal the decision in accordance with the applicable appeals procedure established in this code; or
B. Make changes to the application that will address all issues and findings identified for the denial and resubmit a new application, including any required fees. Any such resubmission shall contain a supplemental statement that shows how the new application has substantially changed to address each of the findings of the original decision. The Zoning Administrator shall have the authority to determine if the evidence submitted substantially changes the application to address all issues as part of the complete application determination in Section 1103.06(a)(2)A. If it does not, the Zoning Administrator shall return the application, with reasons for their determination in writing, along with any paid fees; or
C. Submit the same application after a twenty-four (24)-month waiting period; or
D. Submit a new application if the proposed use and design of the site will be substantially different than the denied application.
(b) Review Procedures.
(1) Summary of Review Procedures. Table 1103-1 provides a list of all review procedures utilized in the administration and enforcement of this code, the applicable review authority, the type of review hearing or meeting, and the decision-making responsibility of each review authority.
TABLE 1103-1: SUMMARY OF REVIEW PROCEDURES AND MEETING/HEARING TYPE | ||||
Review Procedure | See Section | Zoning Administrator | Planning Commission | Village Council |
Code Text or Map Amendment | CAD | PH/R | PH/D | |
Conditional Use Permit | CAD | AH/D | A | |
Minor Subdivision | D | A | ||
Major Subdivision: Preliminary Plat | CAD | PM/D | A | |
Major Subdivision: Final Plat and Improvement Plans | CAD | PM/D | A | |
Major Subdivision: Acceptance of Improvements | CAD | D | ||
Site Plan | CAD | PM/D | A | |
Variance | CAD | AH/D | A | |
Zoning Certificate | D | A | ||
Appeals to Planning Commission | AH/D | A | ||
TABLE 1103-1: SUMMARY OF REVIEW PROCEDURES AND MEETING/HEARING TYPE (CONT.) | ||||
Review Procedure | See Section | Zoning Administrator | Planning Commission | Village Council |
Appeals to Village Council | AH/D | |||
Interpretation of the Code | D | A | ||
Abbreviations: | ||||
PH = Public Hearing R = Recommendation AH = Adjudication Hearing D = Decision PM = Public Meeting A = Initial Appeal of Application Goes to Noted Board CAD = Complete Application Determination must be made by the Zoning Administrator in accordance with Section 1103.06(a)(2)D prior to application being sent to applicable Planning Commission and the start of any time limits. | ||||
(2) Application Submission Schedule.
A. The schedule for the submission of applications in relation to scheduled meetings and hearings of the Planning Commission shall be established by the Zoning Administrator, in consultation with the Planning Commission, and made available to the public.
B. As established in Section 1103.06(a)(2)D, the Zoning Administrator has the authority to determine if an application is complete, and thus should be placed on an upcoming agenda as well as determine the order applications are reviewed or heard at such meetings.
(3) Simultaneous Processing of Applications.
A. Whenever two or more forms of review and approval are required by the Planning Commission or Village Council under this code, the Zoning Administrator shall determine the order and timing of review.
B. The Zoning Administrator may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.
(4) Modifications or Amendments of Approved Applications.
A. For any review procedure, the Zoning Administrator is authorized to allow minor changes related to design of an approved application where the change is insignificant and has minimal impact to the overall design of the development. This shall not give the Zoning Administrator the authority to vary the requirements of this code or any conditions of approval.
B. Where the Zoning Administrator determines that the proposed modification, amendment, or change is not minor, the applicant shall be required to resubmit an application and payment of additional fees for the application to be reviewed in accordance with the procedures and standards established for its original approval.
(c) Notifications.
(1) Public Notification for Public Meetings. For all public meetings required by this code, the Village shall comply with this code and all applicable State notice requirements.
(2) Public Notification for Public Hearings.
A. Applications for development approval that require public hearings, including all adjudication hearings, shall comply with all applicable State requirements and the public meeting notice requirements established in Section 1103.06(c)(1): Public Notification for Public Meetings, above. Where there is a conflict between the State and Village notification requirements, the more stringent requirements shall apply.
B. The Village shall be responsible for providing the required notice as specified in Table 1103-2.
C. Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
i. Provide the name of the applicant or the applicant's agent;
ii. Indicate the date, time, and place of the public hearing;
iii. Describe the land involved by street address, Knox County parcel identification number, lot size, adjacent right-of-way, or by legal description;
iv. Describe the nature, scope, and purpose of the application or proposal;
v. Identify the location (e.g., the offices of the Zoning Administrator) where the public may view the application and related documents;
vi. Include a statement that the public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application; and
vii. Include a statement describing where written comments will be received prior to the public hearing.
D. Notice Requirements. Published and mailed notice for public hearings shall be provided as defined in Table 1103-2.
TABLE 1103-2: NOTICE REQUIREMENTS FOR PUBLIC HEARINGS | ||
Review Procedure | Published Notice | Written (Mailed) Notice |
Code Text Amendment | Published notice required a minimum of thirty (30) days before the initial hearing with Planning Commission and Village Council | No written notice is required for a text amendment. |
Zoning Map Amendment | Written notice shall be sent to all owners of property within 100 feet of all lots lines of the area to be rezoned. The notice shall be sent a minimum of twenty (20) days before the initial public hearing of Planning Commission and Village Council. Written notice shall not be required where the application involves more than ten (10) separate lots. | |
Conditional Use Permit, Site Plan Modifications, Variance, or Appeals | Published notice required a minimum of seven days before a public hearing | Written notice shall be sent to all owners of property within 100 feet of all lot lines of the lot on which the activity is proposed that is subject to the application. The notice shall be sent a minimum of seven (7) days before the initial public hearing of Planning Commission or Village Council. |
E. Published Notice.
i. Published notice shall be provided in a newspaper of general circulation and the Village may also provide additional published notice by electronic media including, but not limited to, posting online at the Village's website.
ii. The content and form of the published notice shall be consistent with the requirements of this section and State law.
F. Written (Mailed) Notice.
i. Written notification of property owners shall apply only to the initial presentation of the application for the public hearing in front of the Planning Commission or Village Council.
ii. Written notice shall be postmarked no later than the number of days specified in Table 1103-2 prior to the hearing date at which the item will be considered.
iii. Written noticed shall be sent by first class mail. Such notice shall be sent to the mailing address for the applicable property owners as established in the Knox County Auditor's records.
G. Sign Postings.
i. In addition to the published and written notice of Table 1103-2, the Zoning Administrator may post a sign at or near the location of the area that is the subject of an application that is to be determined by the Village Administrator, Planning Commission or Village Council.
ii. Failure of the Zoning Administrator to post a sign or to post a sign in a specific location does not invalidate adoption of the proposed amendment as an amending ordinance.
H. Constructive Notice.
i. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision- making body shall direct the Zoning Administrator to make a formal finding as to whether there was substantial compliance with the notice requirements of this code, and such finding shall be made available to the decision-making body prior to final action on the request.
ii. When the records of the Village document the publication, mailing, and/or posting of notices as required by this chapter, it shall be presumed that notice of a public hearing was given as required by this section.
iii. Failure of a newspaper to accurately or timely publish a properly submitted notice does not invalidate adoption of the proposed amendment as an amending ordinance.
iv. Failure of any property owners to receive mail notice does not invalidate adoption of the proposed amendment as an amending ordinance.
v. Nothing herein shall prohibit an applicant from amending or supplementing their application after notice has been initiated or delivered but in sufficient time to provide such amendments or supplements to the Planning Commission or Village Council prior to, or at the hearing.
(d) Meetings and Hearings.
(1) Pre-application Conferences or Meetings.
A. A prospective applicant may request a pre-application conference with the Zoning Administrator for any review procedure in this chapter. The applicant may request such conference by submitting a written request, along with sufficient plans, descriptions, and other materials for the Zoning Administrator to determine the nature and extent of the proposal.
B. The purpose of the pre-application conference or meeting shall be to discuss the proposed application or project, review submittal requirements, and discuss compliance with the provisions of this code and any Village plans prior to the submission of an application.
C. After a pre-application conference, the Zoning Administrator may (with consent of the applicant) determine to place the proposal on the agenda of the next regularly scheduled meeting, or any special meeting, that may be called by the applicable board for a pre-application "conceptual review." At a conceptual review, the Planning Commission will not render a decision, but members may voluntarily provide information and non-binding commentary regarding the proposal documents before them.
D. No action can be taken by the staff and/or Planning Commission until the applicant submits an actual application and/or plan to the Village pursuant to the laws and policies of the Village. Therefore, all discussions that occur between the applicant and/or applicant's representative(s) and staff, and/or the Planning Commission, that occur prior to the date the applicant submits an actual application and/or plan including, but not limited to, any informal meetings with staff, the Planning Commission, any pre-application conferences or meetings, are not binding on the Village and do not constitute official assurances or representations by the Village or its officials regarding any aspects or results of the plan, the procedures, or application discussed.
(2) Conduct of Public Hearing.
A. Rights of All Persons at Public Hearings. Any person may appear at a public hearing and submit information or evidence, either individually or as a duly-authorized representative of a person or an organization. Each person who appears at a public hearing shall be identified, provide their address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
B. Continuance of a Public Hearing or Deferral of Application Review.
i. An applicant may request that a review or decision-making body's consideration of an application at a public hearing be deferred by submitting a written request for deferral to the Zoning Administrator. Such request will be handled, as follows, based on the timing of receipt of such request:
a) A request for deferral of consideration of an application received prior to the publication of notice as required by this code may be granted by the Zoning Administrator. In such cases, the application will be considered at the next regularly scheduled meeting, or at such meeting as the applicant requests and the Zoning Administrator approves.
b) A request for deferral of consideration of an application received after publication of notice of the public hearing as required by this code shall be presented to the Planning Commission or Village Council, as applicable. The Planning Commission or Village Council, as applicable shall consider the request for a continuance of the public hearing and make the decision on continuing the hearing to another meeting at a fixed date, time, and place provided the date, time, and place is publicly announced at the time of continuance.
c) During the public meeting where there hearing is to be held, the Planning Commission or Village Council, as applicable, or the applicant may request the continuance of the public hearing provided such request is made prior to a call for a vote on the application. Such continuance shall be made to a fixed date, time, and place provided the date, time, and place is publicly announced at the time of continuance.
ii. The Zoning Administrator, Mayor, or Chairperson of the Planning Commission, as applicable, may relocate the public meeting where a public hearing, with notice, is to be held when an emergency necessitates such relocation or if it is determined that a large number of people are anticipated to attend and the original location cannot safely accommodate such numbers. Such relocation shall be noticed by the posting of a notice at the original location of the public hearing or other notice as required by state law. The Village Administrator or Zoning Administrator shall also endeavor to make use of available electronic communication to further notify the public of any relocation, to the maximum extent practical.
(3) Special Provisions for Adjudication Hearings. Where Section 1103.06(b)(1), notes that a public hearing is an adjudication hearing, the Village Council or Planning Commission, as applicable, shall have the following additional powers as part of the review of the subject application:
A. The Village Council or Planning Commission, as applicable, may issue findings and conclusions which support its decisions. The findings and conclusions shall set forth and demonstrate the manner in which the decision carries out and helps to administer and enforce the provisions of this code including the application of any review considerations for the subject application.
B. The Village Council or Planning Commission, as applicable, may subpoena witnesses and require the production of records.
C. When required by applicable law, the privilege of cross-examination of witnesses shall be accorded all interested parties or their counsel in accordance with the rules of the Village Council or Planning Commission, as applicable.
(4) Effect of any Approvals.
A. No approval, decision, or order of the Zoning Administrator or Planning Commission, appealable under this code, shall take effect until the applicable deadline for an appeal has passed.
B. The issuance of any approval or permit under this code shall authorize only the particular development, alteration, construction, or use approved in the subject application.
C. All approvals shall run with the land or use and shall not be affected by change in ownership.
(5) Subsequent Development.
A. Development authorized by any approval under this section and this code shall not be carried out until the applicant has secured all other approvals required by this code or any other applicable provisions of the Village's Codified Ordinances, State law, or County law.
B. The granting of any approval or permit shall not guarantee the approval of any other required permit or application.
C. The Village shall not be responsible for reviewing the application for compliance with any permits, certificates, or other approvals that may be required by Knox County, the State, or other agencies having jurisdiction.
(Ord. 2023-16. Passed 6-5-23.)
1103.07 CODE TEXT AND MAP AMENDMENTS.
(a) Purpose. The purpose of the code text and zoning map amendment procedure is to provide a process for amending the boundaries of zoning districts on the zoning map and amending the text of this code.
(b) Applicability. This section shall apply to requests to amend the text of this code or amend the Official Zoning Map of the Village of Centerburg, Ohio, hereafter referred to as the "zoning map."
(c) Initiation.
(1) For a zoning map amendment of a specific property, any person who has authority to file an application (See Section 1103.06(a)(1).) for such property may initiate an amendment by filing an application with the Zoning Administrator.
(2) Only Village Council or the Planning Commission may initiate code text amendments, however, any member of the public may request that the Planning Commission or Village Council consider a text amendment during their respective public meetings.
(3) Village Council may initiate a code text or map amendment by motion referring a recommendation on an amendment to the Planning Commission.
(4) The Planning Commission may initiate a code text or map amendment by adopting a motion to make such amendment.
(d) Code Text or Map Amendment Review Procedure. The review procedure for a code text or map amendment shall be as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request a pre-application meeting with the Zoning Administrator or Planning Commission prior to applying for an amendment to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.06(d)(1).
(2) Step 2 - Application.
A. For amendments that are not initiated by the Planning Commission or Village Council, the applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
B. Amendments initiated by Village Council shall be referred to the Planning Commission for initiation of review.
(3) Step 3 - Notice to State Director of Transportation.
A. The Zoning Administrator shall give notice of the initiation of any proposed zoning map amendment that meets the following criteria to the State Director of Transportation in accordance with ORC 5511.01:
i. Amendments that affect any land within 300 feet of a proposed new highway; or
ii. Amendments that affect any land within 300 feet of any proposed changes to a highway as described in certification to local officials by the State Director of Transportation; or
iii. Amendments that affect any land within 500 feet from a proposed intersection of such a new highway and any existing public road or highway.
B. If the Director of Transportation's response is negative, the Planning Commission will stay their proceedings until the reason for the negative response is resolved.
(4) Step 4 - Planning Commission Review and Recommendation.
A. The Planning Commission shall review the code or map amendment application at a public hearing at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
C. In reviewing the application, Planning Commission shall at a minimum, consider the review considerations of this section.
D. Within thirty (30) days of the close of the public hearing, the Planning Commission shall make a recommendation to Village Council on the application. In making its recommendation, the Planning Commission may recommend approval, approval with some modification, or denial of the application.
(5) Step 5 - Village Council Review and Decision.
A. Following receipt of the recommendation from the Planning Commission (Step 4), the application shall be placed on Village Council's agenda for the next regularly scheduled meeting, if in compliance with notification requirements, or shall set a special meeting to hear the application. The Village Council shall set a time for a public hearing on the proposed amendment that is no more than sixty (60) days from receipt of the Planning Commission's recommendation.
C. Village Council shall hold a public hearing and review a text or zoning map amendment application during a public meeting. In reviewing the application, Village Council shall at a minimum, consider the recommendation from Planning Commission and the review considerations of this section.
D. Village Council shall review the recommendation of the Planning Commission and shall adopt, adopt with some modification, or deny the recommendation of the Planning Commission. Such action shall only require concurring vote of a simple majority of Village Council.
E. If the Village Council fails to make a decision within 180 calendar days, or an extended timeframe approved by the applicant, the application shall be deemed approved.
(e) Review Considerations. Recommendations and decisions on code text or map amendment applications shall be based on the following review considerations. Not all considerations may be applicable in each case, and each case shall be determined on its own facts.
(1) The proposed amendment is consistent with plans and policies adopted by the Village and the stated purposes of this code;
(2) The proposed amendment is desirable because of changing conditions, new planning concepts, or other social or economic conditions;
(3) The proposed amendment will promote the public health, safety, and general welfare;
(4) The proposed amendment, if amending the zoning map, is consistent with the stated purpose of the proposed zoning district;
(5) The proposed amendment will not have a significant impact on available public facilities, general expansion plans of the Village, and the Village's schedule for improvement of capital facilities;
(6) The proposed amendment is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated;
(7) The proposed amendment will not constitute spot zoning where special treatment is given to a particular property or property owner that would not be applicable to a similar property, under the same circumstances. and/or
(8) The proposed amendment is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract.
(Ord. 2023-16. Passed 6-5-23.)
1103.08 CONDITIONAL USE PERMIT.
(a) Purpose. The purpose of a conditional use procedure is to allow consideration for certain uses that due to their unique and special nature relative to location, design, size, operations, circulation, and general impact on the surrounding area, may be desirable and appropriate in the applicable zoning districts but need to be evaluated on an individual basis to ensure that potential adverse impacts of such uses are avoided or sufficiently mitigated.
(b) Applicability. This section shall apply to all applications for establishment of a conditional use as may be identified in this code.
(c) Conditional Use Review Procedure. The review procedure for a conditional use review shall be as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request a pre-application meeting with the Zoning Administrator or Planning Commission prior to applying for a conditional use to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.06(d)(1).
(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(3) Step 4 - Planning Commission Review and Decision.
A. The Planning Commission shall hold a public hearing on the conditional use permit application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete. Such hearing shall be required to take placed within 45 days from when the public hearing notice is published.
C. See Section 1103.06(d)(3) for special provisions provided to the Planning Commission as part of a conditional use permit review.
D. In reviewing the application, the Planning Commission shall at a minimum, consider the review considerations of this section.
E. Within ninety (90) days of the close of the public hearing, the Planning Commission shall make a decision on the application. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application. The Planning Commission may extend this deadline with written agreement from the applicant.
F. If the Planning Commission fails to make a decision within the ninety (90) days, or an extended timeframe approved by the applicant, the application shall be deemed denied.
(d) Review Considerations. Decisions on a conditional use application may be based on consideration of the following review considerations. All conditional uses shall be subject to review under the considerations of this section, as applicable, and may be subject to additional use-specific standards.
(1) The proposed conditional use is established as an allowed conditional use in the applicable zoning district;
(2) The proposed use is consistent with the spirit, purpose and intent of plans and policies approved or adopted by the Village, the general purpose of this code, and the purpose of the zoning district in which the conditional use will be located;
(3) The proposed use complies with any use-specific standards as may be established for the use;
(4) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare;
(5) The proposed use will comply with all applicable development standards;
(6) The proposed use will be harmonious with the existing or intended character of the general vicinity, and such use will not change the essential character of the same area;
(7) The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood;
(8) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, light, glare, or odors;
(9) Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(10) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets; and considering the proximity of access drives to street intersections relative to the anticipated volume of traffic.
(11) The design of the buildings, structures, and site will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance;
(12) The establishment of the conditional use will not be detrimental to the economic welfare of the community, nor shall it create excessive additional requirements at public cost for public utilities or facilities such as police, fire, and schools;
(13) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible; and
(14) Wherever no specific areas, frontage, height, or setback requirements are specified for a specific conditional use, then such use shall comply with the lot and site regulations for the applicable zoning district.
(e) Additional Conditions, Guarantees, and Safeguards. The Planning Commission may impose such conditions, guarantees, and safeguards as it deems necessary to protect the general welfare and individual property rights, and to ensure that the conditional use will meet the intent and purposes of this code.
(f) Revocation of a Conditional Use Approval.
(1) Whenever an approved conditional use is found in violation of any condition, safeguard, or requirement applicable to its approval, the Zoning Administrator shall give notice in the same manner as service of summons in civil cases, or by certified mail to the address of the owner of record at the premises to the address where tax bills are delivered.
(2) Such notice shall include the reasons the Zoning Administrator finds the conditional use to be in violation of its approval and a statement that the owner shall have thirty (30) days to comply with the conditions, safeguards, or requirements applicable to the conditional use permit approval.
(3) Upon failure of the owner to comply with the notice, the Zoning Administrator shall notify the Planning Commission of such violations and the stated reasons for the noted violations.
(4) The Planning Commission shall review the alleged violations of the subject conditional use at their next regularly scheduled meetings and make a decision whether to allow for the continuance of the conditional use approval or to revoke the conditional use approval. If the Planning Commission decides to revoke the approval, such revocation shall be immediate and the conditional use shall cease operation.
(g) Time Limit.
(1) A conditional use approval shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than six (6) months.
(2) An approved conditional use permit shall expire after one year unless the applicant submits a completed application for a zoning certificate.
(3) Upon expiration of a conditional use permit approval, a new application, including all applicable fees, shall be required before a conditional use application will be reviewed.
(4) Upon written request, one extension of up to one year may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(5) As part of the conditional use permit approval, the Planning Commission may authorize alternative time limits for zoning certificate issuance based on the scale of the proposed development.
(h) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission in respect to the conditional use permit shall have the right to appeal the decision to Village Council in accordance with Section 1103.15: Appeals to Village Council. (Ord. 2023-16. Passed 6-5-23.)
1103.09 MINOR SUBDIVISIONS.
(a) Purpose. The purposes of the minor subdivision process are to allow for subdivisions of land, consolidation of lots, or transfers of a portion of a lot to an adjacent lot where there will not be the creation of a new street, dedication of right-of-way, or a need for any public improvements. Such purposes are also intended to be in alignment with the platting allowances established in ORC Chapter 711.
(b) Applicability.
(1) For the purposes of these regulations, a minor subdivision is a lot split, lot consolidation, or transfer of land between adjacent property owners that complies with all of the following requirements:
A. The subdivision shall not result in or create more than five (5) lots, including the remainder of the original lot (e.g., four new lots and the remainder of the original lot);
B. The subdivision shall be in compliance with all applicable site development standards in this code or with any approved variance from such standards;
C. All lots resulting from the minor subdivision shall have frontage and access on an existing street and shall not require the construction, expansion, or improvement of any street;
D. The subdivision shall not require any public improvements or the dedication of rights- of-way; and
E. The property has been surveyed and a survey sheet or record plan, in the form provided for in this code, and a full legal description of the changes resulting from the split, are submitted with the application.
(2) A minor subdivision also includes the recombination of land, consolidation of lots, transfer of property from one lot to an adjacent lot, and the dedication of additional land for the widening of existing streets, where no new lots are created.
(c) Minor Subdivision Review Procedure. The review procedure for a minor subdivision shall be as follows:
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
B. The application shall include a draft/proposed deed or other instrument of conveyance in compliance with the forms prescribed by law, and containing an accurate and current legal description based on a boundary survey, of each proposed new lot.
C. If the minor subdivision involves the transfer of land area from one lot to an adjacent lot, both property owners shall be required to authorize the application and instruments of conveyance shall be submitted for both resulting lots.
(2) Step 2 - Review and Comment by Applicable Agencies.
A. Upon determination that the application for a minor subdivision is complete, the Zoning Administrator may transmit copies of the application for review by applicable agencies including, but not limited to, the Village Administrator and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. Such agencies may supply comments, recommendations, and approvals as applicable, to the Zoning Administrator for consideration prior to the Zoning Administrator's decision (Step 3).
(3) Step 3 - Review and Decision by the Zoning Administrator.
A. Within thirty (30) days of the determination that the application (Step 1) is complete, or within an extended timeframe approved by the applicant, the Zoning Administrator shall review the application and approve, approve with modifications that will bring the application into compliance with codes, or deny the application for a minor subdivision based on the review considerations established below. An extension on the decision may be granted with approval from the applicant.
B. In reviewing the minor subdivision, the Zoning Administrator, on recommendation of the Village Administrator, may require the addition of easements and/or setbacks as part of a transfer of land area between two lots.
C. If the application is approved with modifications, the applicant shall be required to revise all documents and resubmit for final signing by the Village.
D. If the Zoning Administrator denies an application for a minor subdivision, the Zoning Administrator shall provide the applicant with written finding for the denial.
E. No zoning certificate shall be issued by the Village for any activity on lots subject to the minor subdivision unless the revised documents are submitted and signed by the Village and such lots are recorded (Step 4), as approved by the Village.
(4) Step 4 - Recording Approved Applications.
A. If the application is approved, the Zoning Administrator shall sign and date all required survey maps or legal descriptions in the minor subdivision, or other forms of conveyance allowed by the Knox County Auditor.
B. Once signed by the Zoning Administrator, the applicant shall be responsible for obtaining the signed documents and submitting to the Knox County Auditor for the transfer of property and to the Knox County Recorder for the recording of the lots as legal lots of record and providing a copy of said conveyance to the Zoning Administrator, after recording.
C. In the case of a transfer of land between two adjacent lots, the recording of the revised lots shall take place simultaneously.
(d) Review Criteria. In order for a minor subdivision to be approved, the Zoning Administrator must determine the following:
(1) That the minor subdivision complies with all applicable provisions of this code including, but not limited to, the lot and principal building regulations of Section 1111.01;
(2) That any transfer between lots to be completed is not between two lots of different zoning districts, unless the application has been contemporaneously submitted with an application to amend the zoning map for the parcel to be transferred, and such amendment has been approved;
(3) That the minor subdivision complies with all other applicable regulations of the Village; and
(4) That all valid objections to the minor subdivision raised by Village or County departments have been or will be satisfactorily resolved by the applicant.
(e) Variances. If the proposed subdivision requires a variance from the minimum lot or principal building regulations (e.g., lot area, lot width, etc.) or other standards mandated by this code in Section 1111.01, the applicant will be required to apply for and receive variance approvals (See Section 1103.12.) prior to approval of the minor subdivision.
(f) Time Limit. The minor subdivision approval shall expire six months after the Village Administrator signs and dates the minor subdivision conveyance unless the minor subdivision is recorded in the office of the Knox County Recorder during said period.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action with respect to the proposed minor subdivision shall have the right to appeal the decision to the PLANNING COMMISSION as established in Section 1103.14.
(Ord. 2023-16. Passed 6-5-23.)
1103.10 MAJOR SUBDIVISIONS.
(a) Purpose. The purpose of the major subdivision process is to provide a method of review for any subdivision that exceeds the scope of a minor subdivision.
(b) Applicability. Any subdivision of land or replat of an existing subdivision that does not meet the applicability requirements of a minor subdivision in Section 1103.09(b), shall be subject to the requirements of this section.
(c) Major Subdivision Review Procedure.
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request to have a pre-application meeting with the Zoning Administrator and/or Planning Commission to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.06(d)(1).
(2) Step 2 - Application and Filling of the Preliminary Plat.
A. The applicant shall submit an application, including a preliminary plat, in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
B. The preliminary plat shall be prepared, signed, and sealed by an engineer or surveyor who is qualified and registered in the State of Ohio.
(3) Step 3 - Administrative Staff Review and Transmission to the Planning Commission.
A. Upon determination that the application for a preliminary plat is complete, the Zoning Administrator shall forward the application to the Planning Commission and may transmit copies of the application for review by applicable agencies including, but not limited to, the Village Administrator and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. The Zoning Administrator may consolidate any comments from the public received in advance of the meeting and comments from the Zoning Administrator or other departments and agencies into a report for the PC to review as part of Step 4.
(4) Step 4 - Review and Decision on the Preliminary Plat by the Planning Commission.
A. The Planning Commission shall review the preliminary plat application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
B. In making its decision, the Planning Commission shall approve, approve with conditions, or deny the preliminary plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant.
C. The Planning Commission shall make a decision within sixty (60) days of the filing of the preliminary plat (Step 2) unless the Planning Commission and applicant agree to an extension of this time frame. If the Planning Commission fails to act within the sixty (60) days or there is no agreement for an extension of time, the application for a preliminary plat will be considered approved.
D. If the Planning Commission denies the preliminary plat, the applicant shall not move forward in the review process until a preliminary plat is approved by the Planning Commission.
E. If the applicant proposed to construct the subdivision in phases, the Planning Commission may approve a timeframe for filing of improvement plans and final plats for each phase.
F. Approval of the preliminary plat by the Planning Commission does not constitute approval of the subdivision, but is merely an authorization to proceed with the preparation of the final plat and improvement plans.
(5) Step 5 - Submission of Improvement Plans and the Final Plat.
A. The applicant shall submit a final plat and related improvement plans and specifications in accordance with Section 1103.06: Common Review Requirements. Such application shall take place within three years following the Planning Commission's approval of the preliminary plat unless the Planning Commission approved an alternative schedule, in which case the applicant shall submit in accordance with the approved schedule. Failure to submit the improvement plans within this time frame shall void the preliminary plat approval and the applicant will be required to submit a new application in accordance with these regulations.
B. The applicant shall submit the improvement plans and specifications in accordance with any applicable board's procedural rules and regulations and the common application requirements under Section 1103.06: Common Review Requirements, and with the provisions of this section.
C. If a preliminary plat has been previously approved, the final plat shall have incorporated all changes from the preliminary plat approval.
D. In cases where the applicant proposes to develop the subdivision in phases, the final plat and improvement plans shall be submitted for each individual phase.
E. If the applicant proposes to provide a financial guarantee for the public improvements in lieu of installing all public improvements prior to approval of the final plat, the applicant shall be required to provide all information required as part of Section 1119.05.
F. Upon determination by the Zoning Administrator that the final plat has been properly submitted, the final plat shall be accepted as being filed.
G. The final plat shall be prepared, signed, and sealed by an engineer or surveyor who is qualified and registered in the State of Ohio.
(6) Step 6 - Administrative Staff Review of the Final Plat and Improvement Plans.
A. Upon determination that the submission of the final plat and improvement plans is complete, the Zoning Administrator may transmit copies of the application for review by applicable agencies including, but not limited to, the Village Administrator and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. Such agencies shall supply comments and recommendations to the Zoning Administrator prior to the regularly scheduled Planning Commission meeting where the final plat and improvement plans will be subject to review.
C. Construction of Improvements.
i. Applicants shall have the choice to construct all public improvements prior to the approval of the final plat, without a financial guarantee, but such public improvements must be completed and then inspected and approved by the Village Administrator before the Village can approve the final plat. The improvements shall be constructed within a reasonable time as determined by the Village Administrator and the Subdivider's Agreement (See Section 1119.04.).
ii. All required subdivision improvements shall be maintained in a satisfactory condition by the applicant during any interim period between their construction and final approval and acceptance of the subdivision by the Village. Additionally, such improvements shall be subject to maintenance requirements following acceptance in accordance with this section and Section 1119.05.
iii. If the applicant requests approval of a final plat prior to installation of the public improvements, the applicant shall be required to provide a financial guarantee in accordance with the regulations of this code at the time the final plat is submitted for review.
(7) Step 7 - Review and Decision on the Final Plat and Improvement Plans by the Planning Commission.
A. The Planning Commission shall review the final plat and improvement plans at its next regularly scheduled meeting, or at a special meeting, after the final plat is submitted and determined to be complete.
B. The Planning Commission shall approve, approve with conditions, or deny the improvement plans and final plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily answered by the applicant.
C. The Planning Commission shall make a decision within thirty (30) days of the filing of the final plat and improvement plans (Step 5) unless the Planning Commission and applicant agree to an extension of this time frame. If the Planning Commission fails to act within the thirty (30) days or there is no agreement for an extension of time, the application for a final plat will be considered approved.
D. If the Planning Commission denies the final plat and/or improvement plans, the applicant shall not move forward in the review process until a final plat and the improvement plans are approved by the Planning Commission.
E. Approval of the final plat and improvement plans by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, or other public ways or open space on the final plat unless they are accepted by Village Council in the form of the adoption of an ordinance.
F. At the completion of construction, and before acceptance of the public improvements, the applicant shall furnish the Village a set of record or "as-built" reproducible drawings as well as a digital copy that is compatible with the Village Administrator's software showing the locations of all public improvements including the sizes and elevations of all underground utilities.
(8) Step 8 - Acceptance of Improvements by Village Council. The Village, through action by the Village Council, shall review the final plat and consider acceptance of public improvements made by a applicant only after meeting the following conditions:
A. The public improvements have been made in accordance with the requirements of this code, and any other manuals or documents referenced in Section 1119.03;
B. Installation of the public improvements has been completed in accordance with the applicable design standards;
C. All final inspections required by these regulations and the Village have been carried out by the Village, and said public improvements were found to be acceptable by the Village Administrator.
D. After all public improvements have been installed to the satisfaction of the Village, the applicant shall submit an original copy of as-built improvement plans (showing how all public improvements were actually installed) to the Village Administrator in a format acceptable to the Village Administrator.
E. After all public improvements have been installed in accordance with the subdivision approvals and these regulations, and the applicant has complied with this section, the Village Council may, by ordinance, accept the public improvements for maintenance with any applicable financial guarantee.
(9) Step 9 - Disposition of Approved Plat and Recordation.
A. All required deeds, agreements, and other required legal instruments shall be submitted to the Zoning Administrator within sixty (60) days from the date of the Planning Commission's approval or such approval shall thereafter be rendered null and void.
B. Any recorded plat which has not been approved according to the regulations in this chapter shall be considered invalid.
C. The applicant shall then be responsible for submitting the signed plat to the Knox County Recorder for the recording of the lots as legal lots of record and providing a copy of said plat to the Village after recording.
D. The approval of a plat shall expire within 120 days after Village Council approval is effective unless the plat has been duly filed and recorded by the applicant as required by law, and the original tracing of the plat has been filed with the Zoning Administrator.
(d) Review Considerations. In order to approve a major subdivision, the Planning Commission shall consider the following:
(1) That the major subdivision complies with all applicable provisions of this code;
(2) That the major subdivision does not conflict with other regulations, plans, or policies of the Village;
(3) That the proposed subdivision is designed to be compatible with the existing immediate or surrounding area or is in keeping with the intended character of such area;
(4) That the proposed streets are in accordance with approved plans and have been coordinated with existing streets, and that adequate measures have been taken to provide ingress and egress so as to allow for adequate and safe traffic flow and minimize traffic congestion in public streets;
(5) That the proposed subdivision will not adversely affect the delivery of governmental services;
(6) That applicable review agencies have no objections that cannot be resolved by the applicant;
(7) That the final plat and improvement plans conform to the approved preliminary plat, if submitted and approved; and
(8) That proposed street names and addresses are easy to ascertain and communicate for traffic safety and signage.
(e) Amendments of Application.
(1) No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after final approval has been given by the Planning Commission and an endorsement is made in writing on the plat, unless the plat is first resubmitted and the changes approved by the Planning Commission.
(2) If the applicant finds, in the process of preparing improvement plans, that the approved preliminary plat, if submitted, is not workable and changes in layout are required, the applicant shall inform the Village Administrator. The Village Administrator may require that a revised preliminary plat be submitted for re-approval following the review procedure in Section 1103.10(c)(4), above, if the changes significantly alter the design of the subdivision, including changes to the number of lots, modification of street layouts, or other substantial changes. If the proposed changes are technical or minor and do not substantively alter the approved preliminary plat, the Village Administrator may approve the revisions. Failure to submit and receive approval of a revised preliminary plat shall void approval of the preliminary plat and any new submission shall be subject to a new application.
(3) During the final plat process, the Village Administrator is authorized to allow minor changes related to the public improvements or design where there is minimal impact to the overall design of the subdivision. This limited authority shall not give the Village Administrator the authority to vary the requirements of this code.
(4) If during the course of construction, any changes or modifications are encountered that are not in conformance with the original approved improvement plans, the applicant shall submit the modified improvement plans (which have now become as-built drawings) to the Village Administrator, who, if in agreement with such modifications, shall sign these drawings to indicate approval of the modifications. If the Village Administrator does not approve the modifications, the applicant shall be required to bring the improvements into compliance with the approved improvement plans or the Village may utilize the financial guarantee to correct the issue.
(f) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission for decisions on preliminary plats or final plats shall have the right to appeal the decision to the Village Council as established in Section 1103.15: Appeals to Village Council.
(Ord. 2023-16. Passed 6-5-23.)
1103.11 SITE PLANS.
(a) Purpose. The purpose of the site plan review procedure is to ensure that certain types of development comply with the development and design standards of this code. Zoning certificates for any building, structure, expansions, or use of land subject to this section, shall not be issued without an approved site plan.
(b) Applicability and Review Authority.
(1) Unless specifically exempted in Section 1103.11(c), no construction, expansion, site improvements, or demolition of a building or structure, or use of land, buildings, or structures, shall be permitted without the review and approval of a site plan pursuant to this section.
(2) The following activities require a major site plan that shall be reviewed by the Planning Commission prior to issuance of a zoning certificate:
B. Any development involving the addition of more than twenty-five percent (25%) of the gross floor area of a structure or more than 5,000 square feet, whichever is less;
C. Any site development involving the addition of more than 2,500 square feet of vehicular use areas;
D. Any development of a nonresidential use adjacent to a residential zoning district;
E. A development that the Zoning Administrator determines conflicts with an adopted Village plan; or
F. A development that involves a nonconforming use, nonconforming structure, nonconforming site, or nonconforming lot.
(4) The Zoning Administrator shall have the authority to forward a minor site plan review application, over which they have authority, to the Planning Commission for review as a major site plan review if the Zoning Administrator finds:
A. That the proposed use or development could potentially create significant impacts on an adjacent property based on the intensity or proximity of the proposed use or development; or
B. There is difficulty in interpreting the application of a standard or regulation as it pertains to the subject site.
(c) Exemptions. The following forms of development shall be exempt from the requirements for a major or minor site plan review:
(1) The construction, enlargement, or other modification of single-family dwellings and two- family dwellings solely for residential uses;
(2) Any development that has been approved as part of a Planned Development District approval;
(3) Demolition of a hazardous or nuisance structure;
(4) Re-occupancy of an existing building or the internal construction or change in the amount of floor area of a building or structure that does not increase the gross floor area, increase the intensity of use, or affect parking, landscaping, or architectural requirements on a site that meets all of the development standards of this code; and
(d) Minor Site Plan Review Procedure. The minor site plan review procedures shall proceed as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(2) Step 2 - Zoning Administrator Review and Decision.
A. The Zoning Administrator may distribute the application to other staff members and other Village departments to solicit comment on the minor site plan application.
B. Within fifteen (15) days after the application is determined to be complete, the Zoning Administrator shall review the minor site plan application in the same manner as a zoning certificate (See Section 1103.13.) and make a decision on the application or forward the application to the Planning Commission as a major site plan review, in which case the Planning Commission shall be responsible for making a final decision on the site plan review. An extension on the decision may be granted with approval from the applicant.
C. Approval of a minor site plan review shall result in the issuance of a zoning certificate.
(e) Major Site Plan Review Procedure. The major site review procedures shall proceed as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request a pre-application meeting with the Planning Commission to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.06(d)(1).
(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(3) Step 3 - Planning Commission Review and Decision.
A. The Planning Commission shall review the site plan application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete. If the site plan application includes an application for a modification (See Section 1103.11(f) below.), then such applications shall be simultaneously reviewed as part of this procedure.
B. Where a site plan modification is requested, then the major site plan review shall be reviewed as part of a public hearing provided adequate notification is provided pursuant to Section 1103.06(c)(2).
C. In reviewing the application, the Planning Commission shall at a minimum, consider the review considerations of this section.
D. Within forty-five (45) days of the Zoning Administrator determining that the application is complete, the Planning Commission shall make a decision on the application. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application. If the application is subject to a public hearing to consider site plan review modifications, then the Planning Commission shall make a decision within thirty (30) days of the close of the public hearing.
E. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
(f) Major Site Plan Review Modifications.
(1) The Planning Commission may consider modifications from the development standards of this code as it applies to major site plans as part of a separate variance application and review.
(2) Any modifications to previously approved site plans shall be reviewed in accordance with Section 1103.06(b)(4).
(g) Review Considerations. In order to approve any site plan, the Zoning Administrator or Planning Commission, as applicable, shall consider the following:
(1) The proposed development is consistent with all the requirements of this code, and other related codes and ordinances of the Village;
(2) The proposed development is in compliance with the applicable zoning district regulations unless a variance was approved for such regulations;
(3) The proposed development complies with any established standards or requirements in adopted Village plans;
(4) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., conditional use permit approvals, variance approvals, etc.);
(5) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;
(6) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code;
(7) Adequate provision is made for safe and efficient pedestrian and vehicular travel within the site and to adjacent property;
(8) The following specific areas shall be preserved to the extent possible as open space:
A. Unique and/or fragile areas, including wetlands;
B. Significant trees or stands of trees;
C. Property within the 100-year floodplain as mapped by the National Flood Insurance Program;
D. Poorly drained soils.
E. Steep slopes in excess of twenty percent (20%) percent as measured over a ten (10)-foot interval unless appropriate engineering measures concerning slope stability, erosion, and resident safety are taken;
F. Habitats of endangered wildlife, as identified by the State of Ohio, Department of Natural Resources, Natural Heritage Program.
G. Historically significant structures, as identified by local officials, Ohio Historic Inventory, or National Register of Historic Places/Districts.
(9) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas;
(10) Points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;
(11) The development shall be laid out to avoid adversely affecting groundwater and aquifer recharge; to reduce cut and fill; to prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage, and utilities on neighboring properties;
(12) The design treatment of the site and all proposed structures shall ensure compatibility and sensitivity to adjacent properties and structures;
(13) Adequate provision is made for emergency vehicle access and circulation; and
(14) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing criteria are complied with at the completion of each stage.
(h) Significance of an Approved Site Plan.
(1) An approved site plan shall become, for the proposed development, a binding commitment of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit.
(2) All construction and development under any zoning certificate shall be in accordance with the approved site plan. Any departure from such plan shall be cause for revocation of the zoning certificate and the property owner or other responsible parties are subject to penalties as prescribed by this code.
(i) Time Limit.
(1) The applicant shall submit a completed application for a zoning certificate within one year of the date the site plan was approved or the site plan approval shall expire.
(2) Upon expiration of a site plan approval, a new application, including all applicable fees, shall be required before a new site plan will be reviewed.
(3) Upon written request, one extension of up to six months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(4) The Planning Commission may authorize alternative time limits for zoning certificate issuance, as part of its approval, based on the scale of the proposed development.
(j) Appeals.
(1) Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator for minor site plans shall have the right to appeal the decision to the PLANNING COMMISSION as established in Section 1103.14: Appeals to the Planning Commission.
(2) Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission for major site plans shall have the right to appeal the decision to the Village Council as established in Section 1103.15: Appeals to Village Council.
(Ord. 2023-16. Passed 6-5-23.)
1103.12 VARIANCES.
(a) Purpose. The purpose of a variance is to provide limited relief from the requirements of this code in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this code. It is not intended that a variance be granted merely to remove inconveniences or financial burdens that the requirements of this code may impose on property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission.
(b) Variance Review Procedure. The review procedure for a variance shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(2) Step 2 - Planning Commission Review and Decision.
A. The Planning Commission shall hold a public hearing within forty-five (45) days of the filing of the variance application provided adequate notification is provided pursuant to Section 1103.06(c)(2).
B. In reviewing the application, the Planning Commission shall at a minimum, consider the review criteria of this section.
C. The Planning Commission may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
D. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.
E. In making its decision, the Planning Commission shall make specific findings of fact based directly on the particular evidence presented that the reasons set forth in the application and as presented by the applicant during the public hearing, justify the approval, approval with modifications or supplementary conditions, or denial of the variance application that will make possible a reasonable use of the land, building, or structure.
F. Within sixty (60) days of the close of the public hearing, the Planning Commission shall render a decision on the variance application unless an extended timeframe is agreed upon by the Planning Commission and the applicant. The Zoning Administrator shall notify the applicant in writing of the decision of the Planning Commission.
G. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed approved.
H. In approving a variance, the Planning Commission may impose conditions on the approval, the proposed use, and the premises to be developed or used pursuant to such approval as it determines are required to be ensure compliance with the standards of this section and the purpose of this code. Any conditions established by the Planning Commission shall relate directly to the requested variance.
I. Any violation of the conditions of approval shall be a violation of this code, subject to the enforcement and penalties of Chapter 1123: Enforcement and Penalties.
(c) Review Criteria. Where an applicant is seeking a variance, the following factors shall be considered and weighed by the Planning Commission to determine if a practical difficulty exists that would justify approval of the variance. However, no single factor listed below may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.
(1) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity, narrowness, shallowness or steepness of the lot, or proximity to non-conforming and inharmonious uses, structures or conditions;
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(3) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
(4) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
(5) Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;
(6) Whether special conditions or circumstances exist as a result of actions of the applicant (actions of the applicant shall not include the purchase or acquisition of the property);
(7) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(8) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;
(9) Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district; and
(10) Whether a literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this code.
(d) Time Limit.
(1) The applicant shall submit a completed application for a zoning certificate and start work within one year of the date the variance was approved or the approval shall expire.
(2) Upon expiration of a variance approval, a new application, including all applicable fees, shall be required before a variance application will be reviewed.
(3) Upon written request, one extension of one year may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(4) As part of the variance approval, the Planning Commission may authorize alternative time limits for zoning certificate issuance based on the scale of the proposed development.
(e) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission in regards to a variance application shall have the right to appeal the decision the Village Council as provided in Section 1103.15: Appeals to Village Council. (Ord. 2023-16. Passed 6-5-23.)
1103.13 ZONING CERTIFICATE.
(a) Purpose. A zoning certificate shall be required in accordance with the provisions of this section in order to ensure that proposed development complies with the standards of this code, and to otherwise protect the public health, safety, and general welfare of the citizens of the Village.
(b) Applicability.
(1) No building or other structure shall be erected, moved, altered or added to, nor shall any building, structure or land be occupied or used, in part or in whole, without a zoning certificate issued by the Zoning Administrator.
(2) Any change in use within an existing structure or of land shall require a zoning certificate with the exception that a change in tenancy or ownership of a residential dwelling unit shall not be required to receive a zoning certificate.
(3) A zoning certificate may be required for the establishment of certain temporary or accessory use as established in Chapter 1109: Accessory and Temporary Uses.
(4) The use of vacant land shall require the issuance of a zoning certificate.
(5) Unless otherwise specifically exempted in Chapter 1117: Signs, signs shall require a zoning certificate.
(6) Zoning certificates shall be issued only in conformity with the provisions of this code unless the application is subject to an approval by the Planning Commission, providing for additional standards, conditions, or modifications, in which case, the zoning certificate shall be issued in conformity with the provisions of those approvals, as applicable.
(7) Failure to obtain a zoning certificate shall be a violation of this code subject to the provisions of Chapter 1123: Enforcement and Penalties.
(c) Procedures, Permits, or Certificates Subject to Similar Review. For the purposes of this code, the zoning certificate review shall be an administrative review that may be applied to permits or certificates of other names (e.g., sign permits, temporary use permits, zoning occupancy permit, etc.) if stated in this code. In such cases, the procedure of this section shall still apply.
(d) Zoning Certificate Review Procedure. The review procedure for a zoning certificate shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(2) Step 2 - Zoning Administrator Review and Decision.
A. The Zoning Administrator may distribute the application to other staff members and other Village departments to solicit comment on the zoning certificate application.
B. For any zoning certificate application for seeking or proposing development or applicable activities in a special flood hazard area, the Zoning Administrator shall be required to also review and make a decision on the zoning certificate application as it relates to any flood-related regulations.
C. Within fifteen (15) days after the application is determined to be complete, the Zoning Administrator shall make a decision either approving or denying the zoning certificate application. For applications that include uses, structures, or buildings in a special flood hazard area pursuant to Section 1111.08, or for applications that require the submission of a landscaping plan in accordance with Chapter 1113: Landscaping and Screening, the Zoning Administrator shall have thirty (30) days to make a decision on the zoning certificate. An extension on the decision may be granted with approval from the applicant. Where the proposed development is within a special flood hazard area, the Zoning Administrator shall be required to make a decision within the same timeframe.
D. Prior to finalizing a decision on the application, the Zoning Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance with this code. The Zoning Administrator shall not sign the zoning certificate until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the Zoning Administrator. Failure by the applicant to submit any revised forms, maps, and documents to demonstrate compliance within ninety (90) days of notice from the Zoning Administrator shall be deemed a withdrawal of the application and the applicant shall forfeit all application fees.
E. If the Zoning Administrator denies the application, such denial shall be accompanied by written explanation of such denial, which shall in no way inhibit or obligate the Zoning Administrator on any future applications. Such decision shall be delivered by certified mail or personal service to the applicant.
(e) Review Criteria.
(1) In order to approve any zoning certificate, the Zoning Administrator shall determine the following:
A. The application complies with all applicable provisions of this code and the applicable zoning district; and
B. The application complies with all approved plans, conditions, or other development approvals that may have been required by this code.
(2) The Zoning Administrator shall deny any application which they determine contains information which is clearly and demonstrably false. There is no administrative appeal from such denial. Should the applicant file an amended application containing correct information, it shall be treated as a new application and the Zoning Administrator shall collect the filing fee established by this section.
(f) Time Limit and Abandoned or Suspended Work.
(1) The applicant shall obtain an approved building permit, where required, and begin construction, within one year of the date the zoning certificate is approved or the approval shall be revoked. The date of approval shall be the date the Zoning Administrator provides a signed copy of the permit to the applicant.
(2) For activities that do not require a building permit, the activity shall have been substantially begun within one year of approval and is thereafter pursued to completion, as determined by the Zoning Administrator.
(3) Time limits for permitted temporary uses and structures shall be as authorized in Section 1109.02. An approval of a zoning certificate for a temporary use shall include the approved start and end dates for the proposed temporary use.
(4) Construction shall be completed within eighteen (18) months of approval of the zoning certificate or the zoning certificate shall be revoked.
(5) Upon written request, two extensions of the time limits set forth in (1) and/or (4) above, for up to six months each may be granted by the Zoning Administrator if the applicant can show good cause for a delay. Additionally, the Zoning Administrator shall have the authority to extend the time limits for the start of construction and completion of construction as part of the zoning certificate approval if the scale of the work justifies such extension.
(6) The Zoning Administrator shall notify the applicant of the revocation of a zoning certificate including notice that further work or use as described in the canceled permit shall not proceed unless and until a new zoning certificate has been obtained or extension granted.
(7) Upon revocation of a zoning certificate approval, a new application, including all applicable fees, shall be required before a new zoning certificate application will be reviewed.
(8) The above time limits shall not apply if alternative time limits have been approved by Planning Commission or Village Council as part of a site plan or Planned Development approval.
(9) For the purposes of this section, construction is deemed to have begun when all necessary excavation and piers or footings for one or more principal buildings included in the plan shall have been completed.
(g) Revoking a Zoning Certificate. A zoning certificate shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. The Zoning Administrator shall have the ability to revoke such certificate in accordance with Chapter 1123: Enforcement and Penalties. In the event of the revocation of a zoning certificate, an appeal may be taken to the Planning Commission in accordance with Section 1103.14: Appeals to the Planning Commission, of this code.
(h) Appeals. Except as provided for in Section 1103.13(e)(2), any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator shall have the right to appeal the decision to the Planning Commission as established in Section 1103.14: Appeals to the Planning Commission provided such appeal is made within fifteen (15) days after the decision of the Zoning Administrator is mailed by certified letter or personal service to the address listed on the application. (Ord. 2023-16. Passed 6-5-23.)
1103.14 APPEALS TO THE PLANNING COMMISSION.
(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by an administrative decision of the Zoning Administrator made in the administration or enforcement of this code.
(b) Applicability. An appeal may be made regarding any administrative decision made in the administration and enforcement of this code by the Zoning Administrator.
(c) Initiation. Appeals may be initiated by the person aggrieved or affected by any order, decision, determination, or interpretation made by the Zoning Administrator, or the appeal may be initiated by the Village Administrator.
(d) Appeals Review Procedure. The review procedure for appeals shall be as follows:
(1) Step 1 - Submission of Appeal.
A. Within fifteen (15) days of the administrative order, decision, determination, or interpretation, the person appealing the decision or their authorized agent shall submit all required information to the Zoning Administrator in accordance Section 1103.06: Common Review Requirements.
B. As part of the submission, the person appealing the decision shall be obligated to submit a statement of how they believe the original decision was incorrect and to provide a basis for the appeal.
(2) Step 2 - Forwarding of the Record to the Planning Commission.
A. Upon receiving the written appeal of an administrative decision or determination, the Zoning Administrator shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the Planning Commission. This material shall constitute the record of the appeal.
B. The Zoning Administrator or person making a decision as the designee of the Zoning Administrator shall have the authority to prepare a report to the Planning Commission summarizing their findings for their decision and providing any supplemental information to assist in the consideration of the appeal.
(3) Step 3 - Planning Commission Review and Decision.
A. The Planning Commission shall hold a public hearing within forty-five (45) days of the filing of the appeal provided adequate notification is provided pursuant to Section 1103.06(c)(2).
B. At the public hearing, the party bringing the appeal shall be provided an opportunity present argument and evidence, and a similar opportunity shall be afforded to those who wish to present additional or opposing arguments or evidence, as well as Village staff, all in accordance with Section 1103.06(d)(2), with procedural rules as may be established from time to time by the Planning Commission, and/or as announced at the start of the public hearing.
C. In reviewing the appeal, the Planning Commission shall at a minimum, consider the review considerations of this section.
D. Within ninety (90) days of the close of the public hearing, the Planning Commission shall render a decision on the appeal. The Zoning Administrator shall notify the appellant in writing of the decision of the Planning Commission.
E. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
F. The decision of the Planning Commission shall become effective immediately.
(e) Review Considerations. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this code.
(f) Stay. A properly submitted appeal shall stay all administrative proceedings by the Village in furtherance of the action appealed, unless the Zoning Administrator certifies to the Planning Commission that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the Planning Commission or by a court of competent jurisdiction, for good cause shown.
(g) Appeals of Planning Commission Decisions. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall have the right to appeal the decision the Village Council in accordance with Section 1103.15.
(Ord. 2023-16. Passed 6-5-23.)
1103.15 APPEALS TO VILLAGE COUNCIL.
(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by a decision of the Planning Commission as established in this chapter.
(b) Applicability. An appeal may be made regarding any decision of the Planning Commission as established in Section 1103.03(e).
(c) Initiation. Appeals to Village Council may be initiated by:
(1) Any person aggrieved or affected by any order, decision, determination, or interpretation made by the Planning Commission;
(2) The administrative staff of the Village; or
(3) A member of Village Council.
(d) Appeals Review Procedure. The review procedure for appeals shall be as follows:
(1) Step 1 - Submission of Appeal.
A. Within fifteen (15) days of the Planning Commission decision of which Is being appealed, the person appealing the decision or their authorized agent shall submit all required information to the Zoning Administrator in accordance Section 1103.06: Common Review Requirements.
B. As part of the submission, the person appealing the decision shall be obligated to submit a statement of how they believe the original decision was incorrect and to provide a basis for the appeal.
(2) Step 2 - Forwarding of the Record to the Village Council.
A. Upon receiving the written appeal of a decision of the Planning Commission, the Zoning Administrator shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the Village Council This material shall constitute the record of the appeal.
B. The Zoning Administrator or person making a decision as the designee of the Zoning Administrator shall have the authority to prepare a report summarizing their findings for their decision and providing any supplemental information to assist in the consideration of the appeal.
(3) Step 3 - Village Council Consideration to Hear Appeal.
A. The Village Council shall review the application at its next regularly scheduled meeting, provided the appeal was filed a minimum of ten (10) days prior to the scheduled meeting. If the appeal was filed less than ten (10) days prior to the next regularly scheduled meeting, the Zoning Administrator shall place the appeal on the agenda for the following regularly scheduled meeting.
B. Village Council will review the appeal at the meeting to decide if they want to accept and hear the appeal or if the original decision will stand.
C. In determining whether to hear the appeal, the Village Council may clarify the basis for the appeal by discussing the matter and/or asking questions of the applicant and/or appealing party.
D. The concurrence of a majority of the Village Council membership is required to hear an appeal. If a majority of Council does not agree to hear the appeal, the original decision will stand and shall be deemed final and binding.
E. If the Village Council agrees to hear the appeal, the appeal shall move to Step 4 below.
(4) Step 4 - Village Council Review and Decision.
A. The Village Council shall hold a public hearing at its next regularly scheduled meeting provided adequate notification is provided pursuant to Section 1103.06(c)(2).
B. In reviewing the appeal, the Village Council shall at a minimum, consider the review considerations of this section.
C. Within thirty (30) days of the close of the public hearing, the Village Council shall render a decision on the appeal. The Zoning Administrator shall notify the appellant in writing of the decision of the Village Council.
D. The concurrence of two-thirds (2/3) of the full Village Council membership shall be required to overturn the decision of the Planning Commission.
E. The decision of the Village Council shall become effective immediately.
F. If during consideration of such an appeal the Village Council finds that the facts presented by the appealing party differ materially from the written findings of fact issued by the Planning Commission, it may allow for the submission of new facts or the Village Council may remand the matter before it on appeal to the commission or board from which it was appealed for further consideration.
(e) Review Considerations. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this code.
(f) Stay. A properly submitted appeal shall stay all administrative proceedings by the Village in furtherance of the action appealed, unless the Zoning Administrator certifies to the Village Council that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the Village Council or by a court of competent jurisdiction, for good cause shown.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Village Council shall have the right to appeal the decision the court of common pleas as provided in ORC Chapters 2505 and 2506.
(Ord. 2023-16. Passed 6-5-23.)
1103.16 INTERPRETATION OF THE CODE.
It is the intent of this code that all questions of interpretation related to the administration and enforcement of this code shall be first presented to the Zoning Administrator, and that such questions shall be presented to the Planning Commission only on appeal from the decision of the Zoning Administrator. Such appeals shall be in accordance with Section 1103.14: Appeals.
(Ord. 2023-16. Passed 6-5-23.)