Defiance City Zoning Code
CHAPTER 1163
Administrative Roles and Authority
1163.01 PURPOSE.
The purpose of this chapter is to identify the roles and responsibilities of various elected and appointed boards, and the duties of city staff, in the administration of this code.
(Ord. 8592. Passed 7-2-24.)
1163.02 SUMMARY TABLE OF REVIEW BODIES.
(a) Table 1163.02-1: Summary Table of Review Bodies summarizes the review and decision-making responsibilities of the entities that have roles in the procedures set forth in Chapter 1165 Development Review Procedures. Other duties and responsibilities of the entities are set forth in subsequent sections of this chapter.
TABLE 1163.02-1: SUMMARY TABLE OF REVIEW BODIES | |||||
H = HEARING (PUBLIC HEARING REQUIRED) M = MEETING (PUBLIC MEETING REQUIRED) R = REVIEW AND/OR RECOMMENDATION | |||||
PROCEDURE | SEE SECTION | CITY COUNCIL | PLANNING COMMISSION | ZONING COMMISSIONER | CITY ENGINEER |
Code Text or Zoning Map Amendment | H-D | H-R | R | ||
Planned Unit Development - Application | H-D | H-R | R | R | |
Planned Unit Development - Final Plan | M-D | M-R | R | R | |
Minor Subdivision or Replat | A | R | R-D | ||
Major Subdivision - Preliminary Plat | A | M-D | R | R | |
Major Subdivision - Final Plat | M-D | M-R | R | R | |
Variance of Subdivision Design or Improvement Standards | H-D | R | R | ||
Site Plan Review [2] | A, M-D | R | R | ||
Conditional Use Permit | H-D | R | |||
Variances (other than Subdivision Plats) | H-D | R | |||
Appeals of Decisions by Zoning Commissioner | H-D | [1] | |||
Zoning Permit [3] | A | R-D | |||
(b) Even though not referenced in this chapter, other boards, commissions, government agencies, and non-government agencies may be asked by the Zoning Commissioner, the City Planning Commission, the Board of Zoning and Building Appeals, or the City Council, to review some applications, including, but not limited to, map amendments (rezonings), text amendments, site plan review, appeals, variances, conditional uses, and planned unit developments.
(Ord. 8592. Passed 7-2-24.)
1163.03 CITY COUNCIL AND MAYOR.
(a) Powers and Duties of City Council. In addition to any other authority granted to City Council by Charter, ordinance, or state law, City Council shall have the following powers and duties related to this code:
(1) Initiate, hear, review, and make decisions related to amendments to this code.
(2) Hear, review, and make decisions related to amendments to the zoning map.
(3) Review and make decisions related to planned unit development application applications.
(4) Review and make decisions related to planned unit development final plan approvals.
(5) Accept land dedicated for public use in subdivision final plats.
(b) Powers and Duties of Mayor. In addition to any other authority granted to the Mayor by Charter, ordinance, or state law, the Mayor shall have the following powers and duties related to this code:
(1) Appoint members of the Planning Commission.
(2) Appoint members of the Board of Zoning and Building Appeals.
(Ord. 8592. Passed 7-2-24.)
1163.04 PLANNING COMMISSION.
(a) Establishment.
(1) The City of Defiance Planning Commission shall be established pursuant to the Charter of the City of Defiance.
(2) The Planning Commission shall consist of seven (7) members in accordance with the Charter.
(3) The Planning Commission may, by a majority vote of its entire membership, organize and adopt bylaws for its own governance provided they are consistent with law or with any other ordinances of the City.
(4) Quorum and Decisions.
A. Any combination of four (4) or more regular members of the Planning Commission shall constitute quorum.
B. The Planning Commission shall act when at least four (4) members concur.
C. Non-decision items, such as continuance or approval of minutes, shall require a majority of the quorum to concur.
(b) Powers and Duties. The Planning Commission shall have the following powers and duties under this code:
(1) Hear, initiate, review, and make recommendations related to amendments to this code.
(2) Hear, initiate, review, and make recommendations related to amendments to the zoning map.
(3) Review and make recommendations related to planned unit developments.
(4) Hear, review, and make decisions on conditional use applications.
(5) Review and make decisions on major subdivision preliminary plats.
(6) Review and make recommendations on major subdivision final plats.
(7) Hear, review, and make decisions on requests to vary from the subdivision design and improvement standards.
(8) Hear, review, and make decisions on an appeal of the decision of the City Engineer on a minor subdivision or replat.
(9) Review and make decisions on site plan applications. Engineering approval of site construction details is not part of site plan review by Planning Commission.
(10) Review and make decisions on requests for modifications to buffer and landscape requirements.
(11) Perform all other duties as provided by the City's Charter.
(Ord. 8592. Passed 7-2-24.)
1163.05 ZONING COMMISSIONER.
(a) Establishment. The City of Defiance Zoning Commissioner shall be established to enforce this Planning and Zoning Code. The Zoning Commissioner shall be appointed by the Mayor.
(b) Powers and Duties.
(1) The Zoning Commissioner shall have the following powers and duties:
A. Enforce the provisions of this code. All officials and employees of the City shall assist the commissioner by reporting to the Commissioner new construction, reconstruction, land uses, or violations that are observed.
B. Review and make recommendations on applications for code text and zoning map amendments.
C. Review and make recommendations on applications for major subdivision preliminary and final plats.
D. Review and make recommendations to the City Engineer on minor subdivisions.
E. Review and make recommendations on applications for planned unit developments.
F. Review and make recommendations on applications for site plan review.
G. Review and make recommendations on applications for conditional uses.
H. Review applications for and make decisions on zoning permits to ensure compliance with this code.
I. Issue a zoning permit, after written request from the owner or tenant, for any building or premises existing at the time of enactment of this code, certifying, after inspection, the extent and kind of use made of the building or premises, and whether such use conforms to the provisions of this code.
J. Review, inspect property, and make decisions on zoning compliance inspections to ensure compliance with this code.
K. Refer requests for appeals of decisions to the appropriate decision-making body pursuant to the procedures set forth in Chapter 1165 Development Review Procedures.
L. Maintain permanent and current records of all amendments to this code, all subdivision plans and plats, and all applications and decisions on said applications.
M. Prescribe such rules and forms deemed necessary for the execution of these duties.
N. Investigate complaints and issue citations for any notices of violation and keep adequate records of all violations.
O. Revoke a zoning permit or approval issued contrary to this code or based on false statement or misrepresentation on the application.
P. Deposit collected application and review fees with the Finance Director.
Q. Serve on the Planning Commission for signs in the Central Business District, and issue zoning permits for signs approved by the Planning Commission.
(c) Decisions.
(1) A decision by the zoning commissioner may be appealed to the Planning Commission.
(2) The Zoning Commissioner shall have appropriate forms for appeal available at the time of denial.
(Ord. 8592. Passed 7-2-24.)
1163.06 CITY ENGINEER.
The City Engineer shall aid in the administration and enforcement of this code as defined herein.
(a) Powers and Duties.
(1) The city engineer shall have the following powers and duties:
A. Review and make decisions on minor subdivisions.
B. Review, coordinate with other review agencies, and make recommendations to the Planning Commission on major subdivision preliminary and final plats.
C. Review and make decisions on subdivision improvement plans and public improvements.
D. Review and approve typical sections and major engineering details of any proposed public street.
E. Review and approve all escrow agreements, performance bonds, and maintenance bonds prior to the acceptance of public improvements.
F. Review and approve storm water management plans submitted pursuant to Chapter 1174 Storm Water Management Regulations.
G. Inspect construction of improvements in subdivisions as specified in this code, issue reports on such improvements as necessary, and provide recommendation to city council on the acceptance of improvements.
(Ord. 8592. Passed 7-2-24.)