Defiance City Zoning Code
CHAPTER 1165
Development Review Procedures
1165.01 PURPOSE.
The purpose of this chapter is to identify the development review procedures used in the administration of this code.
(Ord. 8592. Passed 7-2-24.)
1165.02 COMMON REVIEW REQUIREMENTS.
The requirements of this section shall apply to all applications and procedures subject to development review under this code, unless otherwise stated.
(a) Authority to File Applications.
(1) Unless otherwise specified in this code, development review applications may be initiated by:
A. The owner of the property that is the subject of the application; or
B. The owner's authorized agent.
(2) Each applicant shall be required to attest to the correctness of the statements and data furnished with the application.
(b) Application Submission Schedule. The schedule for the submission of applications in relation to scheduled meetings and hearings of review bodies shall be established by the engineering division and made available to the public.
(c) Application Contents.
(1) Applications filed under this code shall be submitted in a form and in such numbers as established by the Zoning Commissioner and made available to the public.
(2) Applications shall be accompanied by a fee as established by the city and pursuant to Subsection 1165.02(f) Fees.
(3) Digital copies of application material, including plans, plats, and other images or drawings, shall be submitted in a format as established by the engineering division. Once an application is approved, digital copies of final versions of plans and plats shall be provided if revisions are made during the application review process.
(4) Complete Application Determination.
A. The Zoning Commissioner shall only initiate the review and processing of applications submitted under this chapter if such application is determined to be complete.
B. If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this code.
C. If an application is determined to be incomplete, the Zoning Commissioner 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 in a future re-submittal application.
D. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(5) Survey Requirements.
A. General Requirements.
1. All dimensions shown on filed plans shall be based on a survey.
2. If required, the applicant shall submit a survey of the property completed by a registered surveyor if complete and accurate property information is not available from existing records.
B. As Required for Subdivision Applications.
1. A single parcel being subdivided may need a survey, at the discretion of the City Engineer or the Defiance County Auditor. The second parcel being transferred from an original parcel by the same person must be surveyed.
2. All plats shall be based on a land survey made and certified by a registered surveyor.
(6) All plans shall be prepared by a professional licensed to do work in the State of Ohio (i.e. a professional engineer).
(d) Simultaneous Processing of Application. Whenever two or more forms of review and approval are required under this code, the Zoning Commissioner shall determine the order and timing of review. The Zoning Commissioner may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.
(e) Suitability of Land. If the Planning Commission finds that land proposed to be subdivided or developed is unsuitable for development due to flooding, bad drainage, topography, inadequate water supply, school, transportation facilities, and other such conditions which may endanger health, life, or property, and, if from investigations conducted by the public agencies concerned, it is determined that in the best interest of the public that the land should not be developed for the purpose proposed, the Planning Commission shall not approve the land for subdivision or development unless adequate methods are advanced by the developer for solving the problems that will be created by the development of the land.
(f) Fees.
(1) Determination of Fees.
A. The determination of a fee schedule for the development review procedures of this code shall be established by the City Administrator. The City Administrator may adjust the fees from time-to-time.
B. The adopted fee schedule shall be made available to the public in the office of the City Engineer.
C. If the City determines that the costs on a particular application are extremely high 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 Zoning Commissioner is authorized to collect such additional costs from the applicant.
(2) Fees to be Paid.
A. No application shall be processed or permit issued until the established fee has been paid.
B. Fees shall be paid in legal tender or by check or money order made payable to the City.
(3) Refund of Fees. Application fees are not refundable, except where the Zoning Commissioner determines that an application was accepted in error, or the fee paid exceeded the amount due, in which case the amount of the overpayment will be refunded to the applicant.
(g) Public Notification for Public Meetings. Applications for development approval that require public meetings shall comply with all applicable ORC requirements and the provisions of this chapter in regard to public notification.
(h) Public Notification for Public Hearings. Applications for development approval that require public hearings shall comply with all applicable ORC requirements and the provisions of this chapter in regard to public notification.
(1) Content. Notices for public hearings, whether by publication or mail (written notice), shall, at minimum:
A. Identify the address or location of the property subject to the application and the name, address, and telephone number of the applicant or the applicant's agent;
B. Indicate the date, time, and place of the public hearing;
C. Describe the land involved by street address, or by legal description and the nearest cross street, and project area (size);
D. Describe the nature, scope, and purpose of the application or approval;
E. Identify the location (e.g., the office of the City Engineer) where the public may view the application and related documents;
F. Include a statement that the public may appear at the public hearing, be heard, and submit written comments with respect to the application; and
G. Include a statement describing where written comments will be received prior to the public hearing.
(2) Notice Requirements. Published and mailed notice for public hearings shall be provided as defined in Table 1165.02(i): Public Notice Requirements.
TABLE 1165.02-1: PUBLIC NOTICE REQUIREMENTS | |||
DEVELOPMENT REVIEW PROCEDURE | AGENCY RESPONSIBLE FOR NOTIFICATION | MAILED NOTICE | PUBLISHED NOTICE |
Code Text or Zoning Map Amendment | Clerk of Council or Zoning Commissioner [1] | Written notice shall be required a minimum of 20 days before public hearing by the Planning Commission or City Council. | Published notice required a minimum of 30 days before a public hearing. |
Planned Unit Development - | Zoning Commissioner [1] | ||
Variance of Subdivision Improvement Standards | Zoning Commissioner [1] | Written notice shall be required a minimum of 21 days prior to public meeting or hearing. | Published notice required a minimum of 21 days before a public meeting or hearing. |
Conditional Use Permit | |||
Variance (other than to Subdivision Plats) | |||
Appeal of Decision by Zoning Commissioner | |||
NOTES: [1] The Clerk of Council is responsible for sending notices for hearings by Council. The Zoning Commissioner is responsible for sending notices for Planning Commission or BZBA. | |||
(3) Published Notice. When provisions of this code require that notice be published, the agency responsible for notification shall prepare the content of the notice and publish the notice in a newspaper of general circulation in the City. The content and form of the published notice shall be consistent with Subsection 1165.02(h) Public Notification for Public Hearings and state law.
(4) Written Notice.
A. The appropriate agency shall notify property owners within 200 feet of the subject property by regular mail, of information required in Subsection 1165.02(h) Public Notification for Public Hearings and state law.
B. Written notice to property owners within 200 feet of the subject property shall be postmarked no later than the minimum number of days required in Subsection 1165.02(h)(2) Notice Requirements.
(5) Constructive Notice. The following shall apply to all public notice requirements established in each development review:
A. 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.
B. 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.
C. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct the agency having responsibility for notification 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.
D. When the records of the City document 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.
(6) Waiver of Notice Requirements for Planning Commission Hearings.
A. At the recommendation of the City Administrator or Law Director, and upon approval of the Planning Commission, the Planning Commission shall hold a special meeting and waive the twenty-one (21)-day notice requirement mentioned in Table 1165.02-1: Public Notice Requirements, only for commercial and industrial appeals.
B. When the twenty-one (21)-day requirement is waived and a special meeting is held, it shall be necessary to obtain in writing, on a prescribed form, the approval of surrounding property owners as required.
(i) Conduct of Public Hearing.
(1) Right of All Persons. Any person may appear at a public hearing and submit information or evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state his or her address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
(2) Continuance of a Public Hearing or Deferral of Application Review.
A. 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 Commissioner prior to the publication of notice as may be required by this code. The Zoning Commissioner may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.
B. A request for deferral of consideration of an application received by the Zoning Commissioner after publication of notice of the public hearing as required by this code shall be considered as a request for continuance of the public hearing, and may only be granted by the review or decision-making body.
C. The review body conducting the public hearing may, on its own motion or at the request of the applicant, continue the public hearing to a fixed date, time, and place.
(3) Withdrawal of Application. Any request for withdrawal of an application shall be either submitted in writing to the Zoning Commissioner or made through verbal request by the applicant prior to action by the review or decision-making body.
A. The Zoning Commissioner 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.
C. In all cases where the applicant has requested the withdrawal of an application, the application fee paid shall not be refunded.
(j) Examination and Copying of Application and Other Document. Documents and/or records may be inspected and/or copied as provided for by state law.
(k) Computation of Time.
(1) In computing any period of time prescribed or allowed by this code, the date of the application, act, decision, or event from which the designated period of time begins shall not be included. The last date of the period of time to be computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday as observed by the City of Defiance where the city administrative offices are closed for the entire day.
(2) When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).
(3) When the City offices are closed to the public for the entire day which constitutes the last day of the period of time, then such application, act, decision, or event may be performed on the next succeeding day which is not a Saturday, a Sunday, or a legal holiday observed by the City of Defiance in which the city administrative offices are closed for the entire day. (Ord. 8592. Passed 7-2-24.)
1165.03 ZONING TEXT AND MAP AMENDMENTS.
(a) Purpose. City Council may amend the text of this code or the zoning map pursuant to the procedure set forth in this section. The purpose of a text or map amendment is to make adjustments due to changed conditions, changes in public policy, recommendations of the comprehensive plan, or that are necessary to advance the health, safety, and general welfare of the City.
(b) Applicability. This section shall apply to requests to amend the text of this code or the Official Zoning Map of the City of Defiance, hereafter referred to as the "zoning map."
(c) Initiation.
(1) Any person having authority to file applications may initiate an application for amendment pursuant to Subsection 1165.02(a) Authority to File Applications;
(2) The Planning Commission may make a motion to initiate a text or map amendment; or
(3) City Council may initiate a text or zoning map amendment by recommendation or referral to the Planning Commission.
(d) Procedure. The review procedure for a text or zoning map amendment shall be as follows:
(1) Step 1 - Pre-Application Meeting.
A. If the amendment process is initiated by the property owner or the property owner's authorized agent, the applicant shall meet with the zoning commissioner for a pre-application meeting prior to submitting an application for review of a proposed text or map amendment.
B. The applicant shall supply preliminary information to the Zoning Commissioner in a form established by the engineering division for use at the pre-application meeting. Such information shall be submitted at least three business days prior to the scheduled pre-application meeting.
C. The purpose of the pre-application meeting shall be to discuss the proposed development, review submittal requirements, and discuss compliance with the provisions of this code and the comprehensive plan prior to the submittal of an application.
(2) Step 2 - Application.
A. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
B. Amendments initiated by Planning Commission shall be accompanied by the motion pertaining to such amendments.
C. Amendments initiated by city council shall be referred to the Planning Commission for review.
(3) Step 3 - Review of Application by Zoning Commissioner.
A. Prior to the Planning Commission meeting where the text or map amendment is scheduled for review, the Zoning Commissioner shall review the application for completeness and prepare a staff report.
B. Upon determination that a text or zoning map amendment application is complete, the Zoning Commissioner shall refer the application to the Planning Commission for review.
(4) Step 4 - Planning Commission Review and Recommendation.
A. Planning Commission shall review and make a recommendation on the text or zoning map amendment application during a public hearing and give public notice in accordance with Subsection 1165.02(h) Public Notification for Public Hearings.
B. The Planning Commission shall review and recommend approval, approval with some modification, or disapproval of the application to City Council.
C. Following the recommendation on the proposed amendment, the Planning Commission shall, within a reasonable amount of time, advise City Council on its recommendation and include a statement setting forth the reasons and substantiation for such recommendation.
(5) Step 5 - City Council Review and Decision.
A. Following the receipt of the recommendation from the Planning Commission (Step 4), City Council shall hold a public hearing on the application for an amendment and give public notice in accordance with Subsection 1165.02(h) Public Notification for Public Hearings.
B. After the public hearing, City Council shall either adopt or deny the recommendations of the Planning Commission, or adopt some modification thereof.
C. No ordinance, measure, or regulation, which differs from or departs from the plan or report submitted by the Planning Commission, shall take effect unless passed or approved by not less than three-fourths of the membership of the City Council.
(e) Review Criteria. Recommendations and decisions on a text or map amendment shall be based on consideration of the following criteria. Not all criteria may be applicable in each case, and each case shall be determined on its own facts.
(1) Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact since the time that the original text or map designations were established;
(2) Whether the proposed amendment is consistent with the comprehensive plan or other applicable city plans;
(3) Whether the proposed amendment is consistent with the purpose of this code;
(4) Whether, and the extent to which, the proposed amendment addresses a demonstrated community need;
(5) Whether the proposed amendment will protect the health, safety, morals, and general welfare of the public;
(6) Whether the proposed amendment will result in significant mitigation of adverse impacts on the natural environment, including air, water, noise, storm water management, wildlife, and vegetation;
(7) Whether the proposed amendment will ensure efficient development within the City; and
(8) Whether the proposed amendment will result in a logical and orderly development pattern.
(f) CO College Overlay District. Applications for changes to CO College Overlay District boundaries are subject to the additional requirements in Subsection 1169.09(a).
(g) Planned Unit Developments. Planned Unit Developments (PUDs) shall be subject to the review procedure established in Chapter 1171 Planned Unit Development Overlay District Regulations. (Ord. 8592. Passed 7-2-24.)
1165.04 MINOR SUBDIVISION.
(a) Purpose. The purpose of the minor subdivision review process is to ensure compliance with this code while allowing for the small-scale subdivision of land without the formalities of the platting approval procedure in circumstances where pre-existing development has substantially resolved issues relative to the adequacy and integration of street access, fire protection fixtures and sewer and water systems.
(b) Minor Subdivision Determination and Applicability. Approval without a plat in a minor subdivision may be granted by the City Engineer if the proposed division of the tract meets all of the following conditions:
(1) The subdivision would result in no more than five (5) lots after the original tract has been completely subdivided.
(2) Each of the newly created lots would abut an existing public road or recorded access easement and would involve neither the opening or widening nor extension of any street or road, nor the integration of any access created within the parcel or other means of access.
(3) The proposed subdivision is not contrary to applicable subdivision or zoning regulations.
(4) The property has been surveyed and a plat and legal description of the property has been submitted with the application.
(c) Replats.
(1) Any minor subdivision that involves the consolidation of lots or the adjustment of boundaries between lots that are situated within existing platted subdivisions shall adhere to the procedures set forth in Subsection 1165.04(e) Procedure, and shall be subject to the review criteria set forth in Subsection 1165.04(f) Review Criteria, below.
(2) Any subdivision of land within a previously platted subdivision which results in one or more additional lots within that subdivision shall adhere to the procedures for an amendment to a major subdivision, as applicable, as set forth in Subsection 1165.05(j) Amendments, below.
(3) When a minor subdivision involves property in a designated flood plain, and two lots are created - e.g. Lot A and Lot B, with Lot B being in a flood plain - such lots shall be deed restricted to be sold together and to indicate that construction is not allowed on the lot in the flood plain, except in conformance with Chapter 1333 Flood Plain Construction Standards of the Codified Ordinances.
(d) Initiation. Any person having authority to file applications may initiate an application for a minor subdivision or replat pursuant to Subsection 1165.02(a) Authority to File Applications.
(e) 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 1165.02 Common Review Requirements and with the provisions of this chapter.
(2) Step 2 - Review and Comment by Applicable Agencies.
A. Upon determination that the application for a minor subdivision is complete, the City Engineer may transmit copies of the application for review by applicable agencies including, but not limited to, the Zoning Commissioner and the agencies having jurisdiction over sanitary sewer or water.
B. Such agencies may supply comments, recommendations, and approvals as applicable, to the City Engineer for consideration prior to the City Engineer's deadline (Step 3).
(3) Step 3 - Review and Decision by City Engineer.
A. Within seven (7) days of the determination that the application is complete, the City Engineer shall review the application and approve or deny the application for a minor subdivision.
B. If the City Engineer denies an application for a minor subdivision, the City Engineer shall provide the applicant with written finding for the denial.
C. If the application is approved, the applicant shall be required to record the minor subdivision in accordance with Subsection 1165.04(g) Recording, below.
(f) Review Criteria. In order to approve a minor subdivision, the City Engineer shall determine the following:
(1) That the minor subdivision complies with all applicable provisions of this code.
(2) That the minor subdivision does not conflict with other regulations, plans, or policies of the City.
(3) That applicable review agencies have no objections that cannot be resolved by the applicant.
(4) hat the minor subdivision is not otherwise contrary to the interest of the City.
(g) Recording. If the City Engineer approves the minor subdivision without a plat, the deeds which effectuate it shall be stamped "Approved by Defiance Planning Commission, no plat required," and signed by the City Engineer.
(h) Park and Playground Fee Required. Prior to the approval of an application for a minor subdivision, the applicant must pay a park and recreation fee per Subsection 1167.13(b) Park and Playground Fee Required.
(i) Variances and Appeals.
(1) The City Engineer may not grant variances to code regulations. If a variance is necessary for a minor subdivision, such approval shall be obtained by the appropriate approval body prior to a decision by the City Engineer.
(2) If the City Engineer denies the application for a minor subdivision, the applicant may appeal the decision to the Planning Commission within twenty (20) days of the City Engineer's decision.
(3) An appeal pursuant to this section shall be initiated by filing a written appeal of the administrative decision.
(4) The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements.
(5) Upon receiving the written appeal of the city engineer's decision on a minor subdivision, the City Engineer shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the Planning Commission. The material shall constitute the record of the appeal.
(6) The planning commission shall hold a public hearing within 45 days of the filing of the appeal provided adequate notification is provided pursuant to Subsection 1165.02(g) Public Notification for Public Meetings.
(7) Any person affected by the appeal may appear at the public hearing and testify in person, or by attorney or agent.
(8) The planning commission shall render a decision on the appeal without unreasonable delay. The City Engineer shall notify the appellant in writing of the decision of the Planning Commission.
(9) 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.
(Ord. 8592. Passed 7-2-24.)
1165.05 MAJOR SUBDIVISION.
(a) Purpose. The purpose of the major subdivision review process is to ensure compliance with this code while promoting the appropriate development of the City as provided for in the purpose of this code.
(b) Major Subdivision Determination and Applicability. A major subdivision shall include any subdivision that includes the construction of a public roadway, that does not meet the requirements of a minor subdivision (See Section 1165.04 Minor Subdivision), or that includes the improvement of one or more parcels of land for residential, commercial, or industrial structures, or groups of structures which ultimately are to be jointly owned under a recorded condominium property declaration under the provisions of ORC Chapter 5311.
(c) Initiation. Any person having authority to file applications may initiate an application for a major subdivision pursuant to Subsection 1165.02(a) Authority to File Applications.
(d) Procedure. The review procedure for a major subdivision shall be as follows:
(1) Step 1 - Pre-application Meeting.
A. The applicant shall meet with the Planning Commission or its designated representatives prior to submitting an application for review of a preliminary or final plat.
B. The purpose of this meeting is to discuss early and informally the purpose and effect of this code and the criteria and standards contained herein, and to familiarize the applicant with the comprehensive plan and any other City plans including the major thoroughfare plan, access management standards, the parks and public open space plan, the flood plain regulations, and the drainage, sewerage and water systems of the City.
C. The applicant shall supply preliminary information to the Zoning Commissioner in a form established by the engineering division for use at the pre-application meeting.
D. At the close of this meeting, the applicant shall be advised of his or her right, provided that all other prerequisites have been fulfilled, to submit one of the following:
1. A preliminary review plat, at the applicant's option, for the purpose of further consultation with City planning officials, pursuant to Subsection 1165.05(d)(3), below; or
(2) Step 2 - Application and Filing of Preliminary Plat.
A. At the applicant's option, an application shall be submitted in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter. Plats submitted for preliminary review will not cause the statutory approval period mandated by ORC 711.09 to expire. Such submissions are strictly for the purpose of further consultation with city planning officials.
B. The application for preliminary plat submission shall be submitted to the Zoning Commissioner not less than twenty-one (21) days prior to the Planning Commission meeting at which the applicant requests review to allow for proper notice to surrounding land owners.
1. The Planning Commission may consider a preliminary plat at a regular or duly convened special meeting held less than twenty-one (21) days following the filing of the application upon approval of a majority of the Planning Commission provided, however, that the twenty-one (21)-day notice provision shall not be waived unless written consent to the conduct of proceedings on the date and at the time and place proposed is filed by the owners of all lands located within 200 feet of the lands described by the proposed plat prior to consideration of the application.
C. The Clerk of Planning Commission shall forward copies of the preliminary plat to any officials and agencies as may be necessary for the purpose of study and recommendation.
(3) Step 3 - Review and Decision on the Preliminary Plat by Planning Commission.
A. The Planning Commission shall review and decide on the preliminary plat at a public meeting.
B. The Planning Commission shall determine if the preliminary plat shall be approved, approved with modifications, or disapproved within thirty (30) days of filing unless the time is extended by agreement with the applicant.
C. Approval of the preliminary plat shall be conditional on compliance with all other applicable statutes, ordinances, and regulations of the City.
D. Effect of Approval.
1. The approval of the preliminary plat shall guarantee that the terms under which the approval was granted will not be affected by changes in this code during the approval period.
2. The approval of the preliminary plat shall be effective for a maximum period of twelve (12) months.
E. Final Plat Required.
1. Either after the pre-application meeting or upon completion of the preliminary plat submission process, the applicant shall submit a final plat of the subdivision pursuant to the requirements outlined herein.
2. If a preliminary plat covering the subdivision has been approved by the Planning Commission, a final plat submitted shall conform to the preliminary plat as approved by the Planning Commission.
3. A final plat may be filed which constitutes only that portion of the approved preliminary plat which the applicant proposes to record and develop at the time.
F. Appeal of a Decision by Planning Commission to City Council.
1. If Planning Commission denies the application for a preliminary plat, the applicant may appeal the decision to city council within twenty (20) days of the Planning Commission's decision.
2. An appeal pursuant to this section shall be initiated by filing a written appeal of the Planning Commission decision with the Clerk of Planning Commission.
3. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements.
4. Upon receiving the written appeal of the Planning Commission's decision on a preliminary plat, the Clerk of the Planning Commission shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to City Council. This material shall constitute the record of the appeal.
5. The City Council shall hold a public hearing to hear the appeal.
6. The City Council shall render a decision on the appeal without unreasonable delay. The Clerk of Council shall notify the appellant in writing of the decision of the City Council.
7. 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.
(4) Step 4 - Filing of the Final Plat.
A. An application shall be submitted in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
B. Upon determination by the Zoning Commissioner that the final plat has been properly submitted, the final plat shall be accepted as being filed.
C. The filed application, plats, and any supplemental information shall be filed not less than fifteen (15) days prior to the regular monthly meeting of the Planning Commission.
D. The Clerk of Planning Commission shall schedule such application for consideration at the next planning commission meeting and shall stamp the application and related documents as officially filed with the date of the Planning Commission meeting at which the plat will be first considered by the Planning Commission.
E. Submission of the Improvement Plan.
1. The applicant's engineer shall prepare improvement plans, which shall conform to the approved preliminary plat, if applicable, and include all work to be performed. In cases where the applicant proposes to develop the subdivision in phases, improvement plans shall be submitted for each individual phase.
2. The applicant shall supply the improvement plans to the Zoning Commissioner in a form and number established by the engineering division.
3. If the applicant finds, in the process of preparing improvement plans, that the approved preliminary plat is not workable and changes in layout are required, the applicant shall inform the Zoning Commissioner. The Zoning Commissioner may require that a revised application be submitted for re-approval following Steps 2 through 3 above.
4. The final plans and specifications of improvements shall be a set of construction and utility plans prepared by a registered professional engineer. The improvement plans shall be approved in advance by the City Engineer before the completion of the plans.
(5) Step 5 - Staff Review and Staff Report on the Final Plat.
A. Upon determination that the application for a final plat is complete, the Zoning Commissioner shall transmit copies of the application for review by the City Engineer and other applicable agencies the Zoning Commissioner deems appropriate.
B. The City Engineer and agencies shall supply comments and recommendations to the Zoning Commissioner a minimum of fifteen (15) days prior to the regularly scheduled Planning Commission meeting where the final plat will be reviewed.
C. Prior to the Planning Commission meeting where the final plat is scheduled for review, the Zoning Commissioner shall review the final plat and prepare a staff report.
(6) Step 6 - Staff Review and Decision on the Improvement Plans.
A. The Zoning Commissioner shall distribute copies of the improvement plans to the City Engineer and, where applicable, the applicant shall submit the improvement plans to the agencies having jurisdiction for sanitary sewer or water, the Ohio Environmental Protection Agency (EPA), and any other applicable agencies.
B. The review agencies shall provide comments and recommendations on the improvement plans to the Zoning Commissioner.
C. A copy of the improvement plans shall be marked and returned to the applicant's engineer for corrections, if necessary.
D. If found to be satisfactory by the City Engineer, the original tracing shall be submitted for approval signature by the Zoning Commissioner, City Engineer, and the agencies having jurisdiction over sanitary sewer or water (where applicable).
E. Improvements shall not be constructed until such time as the City has accepted the final plat and performance bond, and the City and other applicable agencies have approved the improvement plans. The applicant is required to participate in a pre-construction meeting and file all bond documents with the City Engineer prior to commencing construction of improvements.
(7) Step 7 - Review and Recommendation on the Final Plat by the Planning Commission.
A. The Planning Commission shall hold a public meeting to review and make a recommendation on the final plat. The Planning Commission shall take one of the following actions:
1. The Planning Commission shall give a favorable recommendation on the final plat before any required improvements are installed pursuant to the improvement plans, authorizing its secretary, or any other officer of the Planning Commission, to indicate such approval and the date on the tracing of the final plat.
2. If the improvement plans have not been approved by the City Engineer (Step 6) by the time of the Planning Commission's scheduled meeting, the final plat may be placed on the agenda for the next Planning Commission meeting for action.
3. Should the Planning Commission deny the final plat, written notice of such action, including reference to the regulation or regulations not complied with by the plat, shall be given to the applicant and the applicant's engineer and/or surveyor. The action shall also be entered on the official records of the Planning Commission.
B. The Planning Commission shall approve, approve with modifications, or disapprove the final plat within thirty (30) days from the filing date.
C. The chairperson of the Planning Commission shall certify the final plat by signing and dating the final plat upon recommendation of approval from the Planning Commission.
D. If the final plat includes land to be dedicated to the public use, the plat shall, before it is recorded, be submitted to the City Council for the acceptance of the land.
(8) Step 8 - Review and Decision on the Final Plat by the City Council.
A. After full compliance with this section, the Clerk of Planning Commission shall request the Clerk of Council to prepare the necessary legislation for City Council for introduction no later than sixty (60) days of the recommendation of Planning Commission.
B. Council shall review the final plat with access to the files of the Planning Commission.
C. If approval is given, the plat and any appropriate documents shall be signed by the Mayor and Clerk of Council upon passage of the acceptance legislation by City Council.
D. All drawings shall be returned to the Planning Commission after approval by City Council. The Zoning Commissioner shall notify the applicant of the action by City Council by mail within five (5) days after the action by City Council. The original tracing shall be returned to the applicant for recording in the Defiance County Recorder's office.
E. The City defined its policy to be that the City will withhold all public improvements of whatever nature, including the maintenance of streets and the furnishing of sewage facilities and water service, from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted by the legislative authority in the manner prescribed herein.
(e) Review Criteria.
(1) In order to approve a major subdivision, the planning commission shall determine the following:
A. That the major subdivision complies with all applicable provisions of this code.
B. That the major subdivision does not conflict with other regulations, plans, or policies of the City.
C. That applicable review agencies have no objections that cannot be resolved by the applicant.
D. That the major subdivision is not otherwise contrary to the interest of the City.
(2) Planning Commission shall not disapprove a final plat if the applicant has done everything required and has proceeded in accordance with the code standards and/or conditions specified in an approved preliminary plat.
(f) Submission to Ohio Director of Transportation. Before any plat is approved affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed, as described in the certification to local officials by the Ohio Director of Transportation, or any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Planning Commission shall give notice, by registered or certified mail, to the Director of Transportation. The Planning Commission shall not approve the plat for 120 days from the date the notice is received by the Director. If the Director notifies the Planning Commission that he or she shall proceed to acquire the land needed, then the Planning Commission shall refuse to approve the plat. If the Director notifies the Planning Commission that acquisition at this time is not in the public interest, or upon the expiration of the 120-day period or any extension thereof agreed upon by the Director and the property owner, the Planning Commission shall, if the plat is in conformity with this code, approve the plat.
(g) Estimated Cost. Upon approval of the improvement plans by the City Engineer, and before starting any construction work, the developer's engineer shall prepare and submit to the City Engineer and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), an independent estimate of costs, by item, for construction surveying; construction of roads, storm and sanitary sewers, sanitary treatment plants, pumping stations and water supply systems; drainage structures; erosion control, storm water management basins, restoration of land and site clean-up; and other related items. The City Engineer and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), may add to the developer's estimate an amount to cover contingencies, including inspection costs, to arrive at the total estimated cost. The approved total of estimated costs shall be the basis for the establishment of the performance bond amount.
(h) Escrow and Bonding Requirements.
(1) Improvements or Guarantee Required Prior to Final Plat Approval.
A. All improvements required in accordance with this code shall be constructed prior to the granting of final plat approval by Planning Commission, or the applicant shall, if approved by the Planning Commission, furnish the City with a performance bond or escrow agreement for the estimated construction cost for the ultimate installation, as provided herein, and additionally shall provide a bond guaranteeing workmanship and materials.
(2) Escrow Agreements and Performance Bonds.
A. Council shall not accept as public streets any streets or public ways which are designated as such on plats or which are hereafter platted, until or unless all necessary water mains, sanitary sewers, storm sewers, paving or other improvements which are required have been installed or constructed, or until or unless an escrow agreement from any of the area commercial or savings and loan banks guaranteeing to the City that funds are available to pay the cost of such improvements, including all costs and expenses in connection therewith, have been deposited with the Finance Director.
B. In lieu of the escrow, a performance bond with surety or sureties sufficient to pay the cost of installing or constructing the improvements, including all costs and expenses in connection therewith, may be filed with the City Engineer.
C. The escrow agreement or performance bond shall be approved by the City Engineer as to surety, by the law director as to form and by the City Administrator as to the amount to pay the cost of constructing the improvements, including all costs and expenses in connection therewith.
D. The escrow agreement or performance bond shall have included therein that the construction and installation of the improvements required will be completed in their entirety within two (2) years from the date of the escrow agreement or bond execution, with the exception of any required sidewalks which, from the date of escrow agreement or bond execution, will be completed in their entirety within a period not to exceed five (5) years or at the time when seventy-five percent (75%) of the lots are improved with structures thereon, whichever occurs first.
E. If such improvements are not completed within two (2) years from the date of the escrow agreement or bond execution, or for sidewalks, as specified in this section, the applicant who presents the plat for approval and recording, shall authorize the City to make such installations, complete such improvements and pay for them with funds so guaranteed.
F. When Council is requested to accept as public streets, alleys and public ways those as may be designated on a plat, such matter shall be referred to the City Administrator for determination as to the character and extent of the necessary improvements, and as to whether or not such necessary improvements have been installed or constructed, including all costs and expenses in connection therewith if improvements have not been installed or constructed in such territory.
G. The cost of necessary engineering and testing shall be determined by the City Engineer and shall be charged against and collected from the applicant who presents the plat for approval and recording.
H. The City Administrator may adopt such administrative rules, including the partial release of funds herein authorized to be deposited, as in his or her opinion shall be necessary and requisite for the execution of the intention of this section.
(3) Workmanship Bonds.
A. In addition to the escrow agreement or performance bond guaranteeing the installation or construction of improvements, each applicant shall furnish to the City a bond guaranteeing workmanship and materials for a period of two (2) years after the work has been accepted by the City.
B. If the contractor furnishes the applicant a bond guaranteeing workmanship and materials for a period of one (1) year after the work has been accepted by the City, then it shall be permissible, to satisfy the requirements of this section pertaining to guaranteeing workmanship and materials, that the contractor's bond to the subdivision also names the City as a cobeneficiary of the bond.
(i) Filing and Recording.
(1) After all required approvals are secured, the final plat shall be returned to the applicant for final recording with the Defiance County Recorder.
(2) No plat of any subdivision shall be recorded, or have any validity, until the plat has received final approval as prescribed in this section.
(j) Amendments.
(1) Major Changes to an Approved Plat.
A. Major changes to an existing subdivision, modifications to an approved improvement plan, or revisions to an approved preliminary or final plat for a tract of land in which development has not already begun or is not yet completed, in light of technical or engineering considerations, shall include the following:
1. A significant change in density or intensity.
2. Changes in the outside boundaries of the subdivision.
3. Significant modification of the type, design, location, or amount of land designated for a specific land use or open space.
4. Modifications to the internal street and thoroughfare locations, design, or alignments which significantly impact traffic patterns or safety considerations; or significant modifications to the locations or design of connections to the external street network.
B. No major change shall be made in any plat of a subdivision after approval has been given by the Planning Commission and endorsed in writing on the plat, unless the plat is resubmitted to the Planning Commission pursuant to Subsection 1165.05(d)(4).
(2) Minor Changes to an Approved Plat. All modifications from an approved preliminary plat or minor changes to an approved final plat not determined to be major changes as described above shall be submitted to the City Engineer for review and approval by the City Engineer and necessary agencies.
(3) If it becomes necessary to modify the improvement plans as approved due to unforeseen circumstances, the subdivider shall inform the zoning commissioner who shall consult with the City Engineer and the agencies having jurisdiction over sanitary sewers or water (where applicable), in writing, of the conditions requiring modifications. Written authorization from the appropriate review agency to make the required modification must be received before proceeding with the construction of the improvement.
(4) The City Engineer shall review proposed changes and determine whether such changes are major or minor based on the standards of this section.
(k) Appeals. Whenever an applicant presenting a final plat for a major subdivision to the Planning Commission has been rendered a decision from the Planning Commission which is adverse to the request of the applicant, the aggrieved applicant may appeal the decision to any court with jurisdiction within ten (10) days of the decision of the Planning Commission.
(l) Variance of Subdivision Design and Improvement Standards.
(1) The Planning Commission may consider and grant variances from the standards identified in Chapter 1167 Subdivision and Improvement Standards where unusual or exceptional factors or conditions require such modification, provided that the Planning Commission shall:
A. Determine that the size, shape, location, or surroundings of the property are unusual and that unusual topographical or physical conditions or other conditions inherent in the land exist;
B. Determine that a strict compliance with the provision would create an extraordinary and unnecessary hardship in the face of the exceptional conditions;
C. Permit any variance of a provision only to the extent necessary to equitably remove the hardship so that substantial justice is done;
D. Determine that any modification granted will not be detrimental to the public interest nor in conflict with the spirit, intent, and purpose of Chapter 1167 Subdivision and Improvement Standards;
E. Require such other conditions to be met by the proposed plat as the Planning Commission may find necessary to accomplish the purposes of this code, when modified; and
F. Determine that a strict compliance with the provision would deprive the property of privileges enjoyed by similar properties in the vicinity.
(2) In making its determinations, the Planning Commission may also consider:
A. Whether the property will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
B. Whether the essential character of the neighborhood will be altered or whether adjoining properties would be adversely affected as a result of the variance;
C. Whether the variance would adversely affect the delivery of governmental services; and
D. The recommendation of the City Engineer and Zoning Commissioner.
(Ord. 8592. Passed 7-2-24.)
1165.06 SITE PLAN REVIEW.
(a) Purpose. The purpose of a site plan review is to provide a process for the evaluation and approval of site plans by the City to promote logical and orderly development within the City.
(b) Initiation. Pursuant to Subsection 1165.02(a). Authority to File Applications, any person having authority to file applications may initiate an application for site plan review.
(c) Applicability.
(1) Site Plan Review Required. A site plan review by the Planning Commission shall be required for the following applications:
A. New nonresidential development;
B. New multi-family residential structures;
C. Expansions of existing nonresidential and multi-family residential structures representing a substantial increase in gross floor area as determined by Table 1165.06-1: Substantial Expansion;
TABLE 1165.06-1: SUBSTANTIAL EXPANSION | |
WHEN EXISTING STRUCTURE IS: | A SUBSTANTIAL EXPANSION IS: |
0 - 1,000 square feet | 50% or greater |
1,001 - 10,000 square feet | 40% or greater |
10,001 - 25,000 square feet | 30% or greater |
25,001 - 50,000 square feet | 20% or greater |
50,001 square feet or larger | 10% or greater |
D. All development or changes in use that are not exempt from site plan review as stated in Subsection 1165.06(c)(2) Exemptions;
E. Integrated commercial centers, apartments, offices, and research and restricted industrial centers; and
F. Any demolition or improvement of property located in an overlay district.
(2) Exemptions. The following applications are exempt from the site plan review procedures outlined in Subsection 1165.06(d) Process:
A. New single-family and two-family residential dwellings;
B. Expansions of existing nonresidential uses not representing a substantial increase in gross floor area as determined by Table 1165.06-1: Substantial Expansion;
C. A change in use of a nonresidential building provided the change in use does not increase the amount of landscaping or parking required for the site;
D. Modifications to sites involving changes to landscaping, parking, or loading, without substantial expansions to buildings;
E. Accessory structures and uses as required in Section 1169.10 Accessory Use and Structure Regulations;
G. Signs.
(d) Site/Development Plan Requirements. An application for site/ development plan review shall be required for each phase of development. The applicant is required to meet with the Zoning Commissioner or designee prior to applying for review or final development plan review.
(1) The applicant shall submit a site / development plan application to the Zoning Commissioner along with the application fee. Two (2) sets of the maps, plans, designs and supplementary documents itemized below, unless specific items are determined by the Zoning Commissioner to be inapplicable or unnecessary and are waived in writing by the Zoning Commissioner.
A. An accurate, legal description prepared or certified by a registered surveyor of the State of Ohio;
B. A property location map showing existing property lines, easements, utilities and street rights-of-way;
C. A site / development plan prepared by an Ohio licensed engineer, architect, or landscape architect drawn to an appropriate scale, indicating the following:
1. Use, location and height of existing and proposed buildings and structures;
2. Location of all public rights-of-way and private streets;
3. Location and configuration of vehicular circulation including off-street parking and loading areas; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;
4. Location of proposed and existing fences, walls, signs, and lighting;
5. Location and layout of all proposed and existing outdoor storage areas including storage of waste materials and location of trash receptacles;
6. Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;
7. Dimensions of all buildings, setbacks, parking areas, drives and walkways;
8. The following items for planned unit residential developments, in addition to the items identified in this Section:
a. Location of restricted open space required; and
b. Location of building envelopes within which dwelling units are to be constructed, and lot lines for single-family detached dwellings.
D. The substance of protective covenants, grants of easements, or the restrictions proposed to be imposed upon the use or maintenance of land and buildings, including proposed easements or grants for public utilities. If the proposed project is a phased development, such documentation shall be submitted with the first phase.
E. Topographic maps showing existing and proposed grading contours and major vegetation features including existing trees over six (6) inches in diameter, wooded areas, wetlands and other environmental features;
F. Preliminary architectural plans for the proposed development or use showing exterior elevations and building floor plans, site construction materials, and signs, prepared and certified by an Ohio licensed professional engineer, architect, or surveyor;
G. Proposed landscaping and screening plans indicating the preliminary description of the location and nature of existing and proposed vegetation, landscaping, screening elements and any existing trees to be removed;
H. Summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and open space, and the number of proposed dwelling units by type;
I. For a phased development, a proposed schedule for completion of improvements that are designed to relate to, benefit or be used by the entire development. Such schedule shall be submitted with the first phase and shall relate completion of such improvements to completion of one or more phases of the development.
J. Other information necessary for the evaluation of the site / development plan as deemed necessary by the Zoning Commissioner and City departments;
K. All applications shall be transmitted by the Zoning Commissioner to the appropriate City departments and professional consultants for review and comment.
(e) Process. The procedure for a site plan review shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
2. Step 2 - Review of Application by Zoning Commissioner.
A. Upon receipt of an application for site plan review, the Zoning Commissioner shall review the application for completeness and prepare a staff report.
B. The Zoning Commissioner shall refer the complete application to the Planning Commission for review at a regularly scheduled meeting to be held more than twenty-one (21) days from the application filing date.
(3) Step 3 - Review and Decision by Planning Commission.
A. Planning Commission shall review and make a decision on the site plan during a regularly scheduled meeting.
B. The Planning Commission shall determine the following:
1. Whether the proposed development complies with the subdivision provisions of this code (Chapter 1167 Subdivision and Improvement Standards) or any variance there from granted by the Planning Commission;
2. Whether the proposed development complies with all applicable regulations of the overlay district (Chapter 1169 Zoning Districts and Use Regulations) in which it is to be sited, and, if not, the specific deficiencies to be corrected in order to achieve compliance;
3. Whether the use proposed to be made of the site is permitted by district zoning regulations. If the Planning Commission determines that the proposed use is permitted only as a conditional use, hearings, review, and decisions required in accordance with Section 1165.07 Conditional Use Permit shall be conducted concurrently with the site plan review application.
4. Whether the proposed development complies with all applicable general zoning regulations. If the Planning Commission determines that a zoning variance is required to allow development in the manner proposed, it shall state its recommendations for the allowance or disallowance of the necessary variance.
C. The Planning Commission shall issue its findings of approval, approval with modifications, or disapproval to the Zoning Commissioner.
D. The Planning Commission's findings shall be delivered in writing within ten (10) days after the Planning Commission meeting at which the findings were made.
(4) Step 4 - Decision by Zoning Commissioner. Upon receipt of the findings of Planning Commission, the Zoning Commissioner shall take one of the following actions:
A. If the Planning Commission finds the application complies with the code regulations, and no variance is required, the Zoning Commissioner shall approve the permit application based on compliance with building, electrical, plumbing, fire safety, and related codes, and subject to City Engineer approval; or
B. If the Planning Commission finds the application does not comply with the code regulations, the Zoning Commissioner shall deny the requested permit application.
C. If the planning commission determines that a variance is required, the Zoning Commissioner shall present the application and the Planning Commission's findings and recommendations to the Planning Commission for public hearing.
D. Denial of a permit application by the Zoning Commissioner in reliance on the findings of the Planning Commission or of a variance by the Planning Commission shall constitute a final administrative order.
E. Whenever a general ordinance or a provision of any building code adopted for use within the municipality requires the zoning official or Planning Commission to take an action within a specified time, the period allowed shall be deemed to commence upon the completion of the site plan review.
(f) Site Plan Review Criteria. Recommendations and decisions on a site plan shall be based on consideration of the following criteria:
(1) That the proposed development is consistent with all the requirements of this code;
(2) That the proposed development is in compliance with all applicable zoning districts;
(3) That the proposed development meets all the requirements or conditions of any applicable development approvals (e.g. PUD or administrative waivers);
(4) Whether the proposed improvements preserve the character and nature of the surrounding area, including the natural characteristics of the area;
(5) Whether the proposed improvements are constructed of unsightly, improper, or unsuitable materials;
(6) Whether the proposed site and improvements shall have an appearance that will not have an adverse effect upon adjacent residential properties; and
(7) Whether the proposed improvements are compatible and in harmony with the existing structures in the surrounding area.
(Ord. 8592. Passed 7-2-24.)
1165.07 CONDITIONAL USE PERMIT.
(a) Purpose. The characteristics and impacts of an ever-increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding both the property rights of all individuals and the health, safety and general welfare of the community. Toward these ends, it is recognized that this code should provide for more detailed evaluation of each use conditionally permissible in a specific district with respect to such considerations as location, design, size, methods of operation, intensity of use, public facilities requirements, and traffic generation. Accordingly, conditional use permits shall conform to the procedures and requirements of this section.
(b) Initiation. Any person having authority to file applications may initiate an application for a conditional use permit pursuant to Subsection 1165.02(a). Authority to File Applications.
(c) Process.
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
(2) Step 2 - Review of Application by Zoning Commissioner.
A. Upon receipt of an application for a conditional use permit, the Zoning Commissioner shall review the application for completeness and prepare a staff report.
B. The Zoning Commissioner shall refer the complete application to the Planning Commission for review.
(3) Step 3 - Review and Decision by the Planning Commission.
A. After receiving the application from the Zoning Commissioner, the Planning Commission shall review the application.
B. The Planning Commission shall approve the application, approve the application with conditions, or disapprove the application based on the provisions of this code.
C. If the conditional use permit is denied, the Planning Commission shall make a finding, in writing, justifying the denial of the conditional use permit and provide a copy of the findings to the applicant.
D. In granting approval, the Planning Commission may prescribe appropriate conditions and safeguards in conformance with the intent and purposes of this code for the protection of nearby property and the public health, safety, and general welfare. The Planning Commission shall authorize the Zoning Commissioner to issue the conditional use permit with notation of conditions thereon or attached thereto.
(4) Conditional Use Review Criteria. In reviewing a conditional use application, the Planning Commission shall consider whether there is adequate evidence that the proposed conditionally permitted use is consistent with the following standards:
A. The conditional use is consistent with the spirit, purpose, and intent of the comprehensive plan, will not substantially or permanently injure the appropriate use of neighboring property and will serve the public convenience and welfare.
B. The proposed conditional use is to be located in a district wherein such use may be permitted, subject to the requirements of this chapter.
C. The use complies with all use-specific provisions established in Section 1169.08 Use Specific Regulations.
D. The proposed use shall be adequately served by essential public facilities and services such as, but not limited to, roads, public safety forces, storm water facilities, water, sanitary sewer, refuse pick-up, and schools or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
E. In the interest of public safety, as a matter of policy, all points of ingress/egress shall be located as far as possible from the intersection of two or more streets.
F. The proposed use will comply with all applicable development standards, except as specifically altered by the Planning Commission in the approved conditional use.
G. The proposed use will be harmonious with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area.
H. The use will not be hazardous to or have a negative impact on existing or future surrounding uses.
I. The proposed use will not be detrimental to the economic welfare of the community.
J. The proposed use will not involve uses, activities, processes, materials, equipment, and conditions of operations, including but not limited to, hours of operation, that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor, or other characteristic not comparable to the uses permitted in the base zoning district.
K. The proposed use will not be detrimental to property values in the immediate vicinity.
L. The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(Ord. 8592. Passed 7-2-24.)
1165.08 VARIANCES.
(a) Purpose.
(1) The Planning Commission shall have the power to grant variances where, by reason of the unique physical circumstances or conditions of the applicant's property, including its narrowness, shallowness or irregularity in shape or size, its extraordinary topographical features, or the relationship of the property to adjacent uses or use districts, the literal application of this code would unwarrantedly restrict the applicant's use of the property without serving any necessary purpose of the zoning regulations or achieving an associated benefit to the public health, safety and welfare.
(2) Related to variances for signs regulated by Chapter 1179 Sign Standards, the Planning Commission may grant variances from the height and area requirements of Sections 1179.06 Signs Permitted in Residential Zoning Districts and 1179.07 Signs Permitted in Nonresidential Zoning Districts where unique physical characteristics of, or character of land uses adjacent to, a property on which a sign is proposed to be located demonstrate that literal application of the requirements of said section will not further the purposes for which Chapter 1179 Sign Standards has been enacted, or will result in an undue hardship on the applicant and that the restriction on the applicant's use of the property is not justified by any corresponding benefit to public health, safety, or welfare. Additional limitations to the granting of variances to signs located in the Central Business District or CO College Overlay District are explained in Chapter 1179 Sign Standards.
(b) Initiation. Any person having authority to file applications may initiate an application for a variance pursuant to Subsection 1165.02(a). Authority to File Applications.
(c) Process.
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
(2) Step 2 - Review of Application by Zoning Commissioner.
A. Upon receipt of an application for a variance, the Zoning Commissioner shall review the application for completeness and prepare a staff report.
B. The Zoning Commissioner shall refer the complete application to the Planning Commission for review.
(3) Step 3 - Review and Decision by the Planning Commission.
A. After receiving the application from the Zoning Commissioner, the Planning Commission shall hold a public hearing to review the application provided adequate notification is provided pursuant to Subsection 1165.02(h) Public Notification for Public Hearings.
B. The Planning Commission shall approve the application, approve the application with conditions, or disapprove the application based on the provisions of this code.
C. The Planning Commission shall decide all applications within thirty (30) days after the final hearing.
D. A decision of the Planning Commission shall not become final until the expiration of five (5) days from the date such decision is made, unless the Planning Commission finds that an immediate effective date is necessary for the preservation of property or personal rights, and shall so certify on the record.
(d) Review Criteria.
(1) Where an applicant seeks a variance, said applicant shall be required to supply evidence that demonstrates that the literal enforcement of this code will result in practical difficulty for an area/dimensional value, unnecessary hardship for a use variance, or satisfy the criteria for a sign variance.
(2) Area/Dimensional Variance.
A. The following factors shall be considered and weighed by the Planning Commission to determine practical difficulty:
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 adjacency to nonconforming 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, and refuse pick-up.
6. Whether special conditions or circumstances exist as a result of actions of the owner.
7. Whether the property owner's predicament can feasibly be obviated through some method other than a variance.
8. Whether the spirit and intent behind the code requirements 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.
10. No single factor listed above may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.
(3) Use Variance. In order to grant a use variance, the Planning Commission shall determine that strict compliance with the terms of this code will result in unnecessary hardship to the applicant. The applicant must demonstrate such hardship by clear and convincing evidence that all of the following criteria are satisfied:
A. The property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which the property is located;
B. The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zoning district;
C. The variance requested cannot otherwise be resolved by a zoning map amendment;
D. That there is an existing structure that cannot be reasonably used for a use permitted within the applicable zoning district;
E. The hardship condition is not created by actions of the applicant;
F. The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
G. The granting of the variance will not adversely affect the public health, safety, or general welfare;
H. The variance will be consistent with the general spirit and intent of this code; and
I. The variance sought is the minimum that will afford relief to the applicant.
A. The presence of unique physical circumstances or conditions that indicate that strict conformity with the provisions of this code is not feasible, and that the authorization of a variance is necessary to permit the reasonable use of the property;
B. The variance will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue;
C. The extent the applicant requires the variance for the effective communication of the sign's message;
D. Harmony of the proposed sign's use or dimensions with the building or property on which it is to be located;
E. The degree to which the applicant's request departs from the height, setback, dimensional and use restrictions of Chapter 1179 Sign Standards;
F. Whether the variance would increase the risk that the vision of vehicular traffic would be obstructed; and
G. Whether granting a variance would be substantially detrimental to the district or adjacent properties in which the sign is to be located.
The Board may condition the allowance of a variance on such conditions as it deems necessary to assure fulfillment of the objectives of Chapter 1179 Sign Standards.
(e) Effect of a Variance.
(1) The issuance of a variance shall authorize only the particular variation that is approved in the variance.
(2) A variance, including any conditions, shall run with the land and shall not be affected by a change in ownership.
(f) Appeals of Planning Commission Decisions. The decisions of the Planning Commission may be reviewed by the applicable court of common pleas as provided in ORC Chapters 2505 and 2506.
(Ord. 8592. Passed 7-2-24.)
1165.09 APPEALS.
(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by an administrative decision made in the enforcement of this code.
(b) Initiation. Appeals are to be initiated by the person aggrieved or affected, or by an officer of the city affected by any decision of the Zoning Commissioner.
(c) Process.
(1) Step 1 - Application.
A. An appeal pursuant to this section shall be initiated by filing a written appeal of the decision with the Zoning Commissioner within twenty (20) days of the date of the decision.
B. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
(2) Step 2 - Forwarding of Record to the Planning Commission. Upon receipt of an appeal, the zoning commissioner shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision to the Planning Commission. This material shall constitute the record of the appeal.
(3) Step 3 - Review and Decision by the Planning Commission.
A. After receiving the application from the Zoning Commissioner, the Planning Commission shall hold a public hearing to review the application provided adequate notification is provided pursuant to Subsection 1165.02(h) Public Notification for Public Hearings.
B. Upon the day for hearing any application or appeal, the Planning Commission may adjourn the hearing for the purpose of obtaining additional information, or to cause such further notice as it deems proper to be served upon such other property owners it decides may be substantially interested in the application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of the hearing unless the Planning Commission so decides.
C. The Planning Commission may, in conformity with the provisions of this code, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all powers of the zoning commissioner from whom the appeal is taken.
D. A certified copy of the Planning Commission's decision shall be transmitted to all parties in interest. The decision shall be binding upon and observed by the Zoning Commissioner. The Zoning Commissioner shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Planning Commission.
E. The Planning Commission shall decide all appeals within thirty (30) days after the final hearing.
F. A decision of the Planning Commission shall not become final until the expiration of five days from the date such decision is made, unless the Planning Commission finds that an immediate effective date is necessary for the protection of property or personal rights, and shall so certify on the record.
(d) Review Criteria. 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 the requirements of this code.
(e) Stay. An appeal shall stay all proceedings in furtherance of the action appealed, unless the Zoning Commissioner shall certify to the Planning Commission that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Planning Commission or by a court of equity, after notice to the officer from whom the appeal is taken, and on due cause shown.
(f) Appeals of Planning Commission Decisions. The decisions of the Planning Commission may be reviewed by the applicable court of common pleas as provided in ORC Chapters 2505 and 2506.
(Ord. 8592. Passed 7-2-24.)
1165.10 ZONING PERMIT.
(a) Purpose. A zoning permit 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 City.
(b) Applicability.
(1) No land shall be used nor shall any building or structure be used, changed in use, established, constructed, enlarged, moved, or modified without first obtaining a zoning permit.
(2) Zoning permits shall be issued only in conformity with the provisions of this code and shall be authorized by the Zoning Commissioner.
(3) Upon written request from the owner or tenant, the Zoning Commissioner shall issue a zoning permit 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.
(4) A zoning permit shall be required for all lawful nonconforming uses of land or buildings created by adoption of this code or any amendment thereto.
(5) Zoning permits shall be required for signs, except as specified in Section 1179.05 Signs Not Requiring a Permit.
A. Zoning permits for signs in the Central Business District as defined by the boundaries described in Subsection 1179.02(h)(3) shall not be issued by the zoning commissioner until the Planning Commission, as established in Section 1163.08 Design Review Board for Central Business District (CBD), has reviewed and approved such sign.
(6) The Zoning Commissioner shall not issue any permit authorizing the commencement of work without prior site plan review in accordance with Section 1165.06 Site Plan Review, including within an overlay district.
(c) Initiation. Any person having authority to file applications may initiate an application for a zoning permit pursuant to Subsection 1165.02(a) Authority to File Applications.
(d) Procedure.
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements.
B. The applicant shall not begin construction until a zoning permit has been issued.
C. Each plan submitted as part of an application for a zoning permit shall bear statements declaring that no part of the land involved in the application has been previously used to provide required yard space of lot area for another structure.
(2) Step 2 - Staff Review and Decision.
A. For the Construction or Alteration of a Building.
The Zoning Commissioner shall review each complete application for the construction or alteration of a building and either approve and issue the zoning permit or deny the application within ten (10) days of the application (Step 1). Approval of a zoning permit shall be conditioned upon approval of site construction plans by the City Engineer.
B. For a Change in Use.
The Zoning Commissioner shall review each complete application for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use and either approve and issue the zoning permit or deny the application within fifteen (15) days of the application (Step 1).
C. Moratorium.
Zoning permit applications submitted for a site subject to an approved moratorium shall not be reviewed, and no decision made, within the period of time that the moratorium is in place, except as may be authorized by the legislation establishing the moratorium.
(3) Step 3 - Zoning Compliance Inspection.
A. A zoning compliance inspection shall be required after completion of the work authorized by the zoning permit. A zoning compliance inspection shall not be required for agricultural uses. A zoning compliance inspection shall be required for any of the following:
1. Occupancy of a new nonresidential building or structure after completion of construction.
2. Occupancy or change of occupancy of an existing nonresidential building or structure.
3. Change of use in any nonresidential building.
B. The zoning commissioner shall conduct a zoning compliance inspection to ensure that the project has been completed according to the approved zoning permit and plans.
C. The zoning compliance inspection shall be scheduled at least two (2) weeks prior to expected occupancy and/or opening for business.
D. The Zoning Commissioner shall provide the applicant with findings from the zoning compliance inspection within twenty-four (24) hours of the initial inspection.
E. The applicant shall notify the Zoning Commissioner when corrections, if needed, have been made based on the initial inspection. Additional inspections shall be scheduled if deemed necessary by the Zoning Commissioner.
F. Upon passing the zoning compliance inspection, the Zoning Commissioner shall notify the applicant.
G. No zoning compliance inspection shall be approved by the Zoning Commissioner for the occupancy of any building, structure, or improvement to the land or any lot within a subdivision as defined herein, which has been approved for platting or replatting, until all subdivision plans have been approved, the final plat recorded, the zoning requirements met, and the performance bond posted to guarantee installation of all the required improvements.
(e) Review Criteria.
(1) Zoning permits shall be issued only in conformity with the provisions of this code, unless the Zoning Commissioner receives written order from the Planning Commission deciding an appeal, conditional use, or variance, or from City Council, approving a Planned Unit Development District, as provided for in this code.
(2) The application for a zoning permit for a use subject to the performance standards of this code shall be accompanied by a plan of the proposed construction or development; a description of the proposed machinery, processes, and products; and specifications for the mechanisms and techniques to be used in meeting the performance standards.
(3) Zoning permits shall be issued incorporating requirements of the City Engineer, or conditioned upon incorporating such requirements.
(f) Time Limit. All zoning permits shall expire two (2) years after issuances, unless construction has reached 50% of completion.
(Ord. 8592. Passed 7-2-24.)
1165.11 INTERPRETATIONS.
(a) Purpose. This section outlines the process through which an interested party may request an interpretation of either the zoning map or the text of this code from the Zoning Commissioner.
(b) Initiation. Any person having authority to file applications may initiate a request for interpretation pursuant to Subsection 1165.02(a) Authority to File Applications.
(c) Process.
(1) Step 1 - Application.
A. A request for interpretation pursuant to this section shall be initiated by filing a written request with the Zoning Commissioner.
B. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements.
(2) Step 2 - Review of Request by Zoning Commissioner. Upon receiving the request, the zoning commissioner shall review for completeness and forward the request to the Planning Commission for interpretation.
(3) Step 3 - Interpretation.
A. After receiving the application from the Zoning Commissioner, the Planning Commission shall hold a public hearing to review the application provided adequate notification is provided pursuant to Subsection 1165.02(h) Public Notification for Public Hearings.
B. The Planning Commission may, in conformity with the provisions of this code, provide an interpretation of the requested portions of the zoning map or text of this code.
(Ord. 8592. Passed 7-2-24.)
1165.12 STORM WATER MANAGEMENT PLANS.
(a) Purpose. This section outlines the process to be used to review applications for storm water management plans required pursuant to Chapter 1174 Storm Water Management Regulations.
(b) Initiation. Pursuant to Subsection 1165.02(a) Authority to File Applications, any person having authority to file applications may initiate an application for storm water management plan review.
(c) Process.
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
(2) Step 2 - Review of Application by City Engineer. Upon receipt of an application for storm water management plan review, the City Engineer shall review the application for completeness.
(3) Step 3 - Decision by City Engineer. The City Engineer shall review the plans and take one of the following actions:
A. Approve the storm water management plan within twenty (20) working days of receipt of a complete application;
B. Return the storm water management plan with comments and recommendations for revisions within twenty (20) working days of receipt of a complete application; or
C. Deny the storm water management plan because of deficiencies and issue a report stating specific problems within twenty (20) working days of receipt of a complete application.
(d) Plan Revisions. At the time of receipt of a revised plan, another review period of twenty (20) working days shall begin.
(e) Expiration. Approved plans shall remain valid for two (2) years from the date of approval. After two (2) years the plan(s) approval automatically expires if no work has been initiated. (Ord. 8592. Passed 7-2-24.)