Fairborn City Zoning Code
CHAPTER 1132
Administration, Process and Procedures
1132.01 DECISION MAKING RESPONSIBILITIES.
The following table provides a summary of the decisions and applicable decision makers for each of the determinations to be made in this Chapter.
Zoning Administrator | Board of Zoning Appeals | Planning Board | City Council | |
Administrative Adjustments | X | X | ||
Appeals | X | |||
Conditional Uses | X | |||
Temporary Uses | X | |||
Variances | X | |||
Zoning Certificate of Compliance | X | |||
Zoning Code Enforcement | X | |||
Zoning Code Text Amendments | X | X | ||
Zoning Map Amendments | X | X | ||
Zoning Permits | X | |||
(Ord. 34-17. Effective 12-7-17.)
1132.02 ZONING ADMINISTRATOR REVIEWS AND DECISIONS.
(a) Role of the Zoning Administrator. The Zoning Administrator, or his or her designee, shall have the authority to administer and enforce this Zoning Code, including, without limitation, the authority to approve and issue zoning permits and zoning certificates of compliance, and to make interpretations and determinations of the Zoning Code and Zoning Map to carry out the intent and purpose of this Zoning Code. All decisions of the Zoning Administrator shall be in writing and sent to the owner of record of the subject property and the applicant by certified mail.
(b) Applications.
(1) All applications for reviews and decisions by the Zoning Administrator shall be made on such forms and in accordance with such procedures as the Zoning Administrator shall from time to time adopt and make available to the public.
A. The Zoning Administrator shall charge application and review fees in amounts reasonably approximate to the administrative costs of processing and administering the applications, such fees to be reviewed and approved by the Planning Board on an annual basis.
B. An application to the Zoning Administrator shall not be deemed complete until all submission requirements are fully satisfied in the sole discretion of the Zoning Administrator.
C. Application fees shall be non-refundable.
(2) If an application is deemed incomplete, or if the application is complete but fails to contain sufficient information to satisfy the applicable burden of proof, the Zoning Administrator shall send the applicant a letter setting forth the deficiencies and thirty (30) days to re-submit a complete application. If a re-submitted application is further deemed incomplete, or further fails to satisfy the applicable burden of proof, the Zoning Administrator may (a) send the applicant an additional letter setting forth the deficiencies and providing thirty (30) days to re-submit the application, or (b) reject the application, which shall be deemed to be an applicable denial of the request.
(c) Zoning Permit Required. Application for a zoning permit shall be required for the erection, relocation, addition, or structural alteration of all of the following:
(1) Buildings of a total of more than 120 square feet under roof;
(2) Fences, walls, and gates greater than four feet in height; and
(3) Structures, including swimming pools as defined in Section 1133.02 when such pools exceed twelve feet in diameter or 100 square feet in surface area, flag poles, trellis, outdoor kitchens and fireplaces, decks, or other non-building structures that are anchored in the ground.
(d) Administrative Adjustments for Zoning Permit Approval.
(1) The Zoning Administrator shall have the authority to review and grant administrative adjustments in connection with a zoning permit. The scope of the Zoning Administrator's authority to grant administrative adjustments is limited to the following:
A. Dimensional adjustments that are within five percent (5%) of the dimensional requirement in the zoning code; and
B. Locational adjustments when the proposed location is within three feet (3') of the location permitted by the Zoning Code.
(2) In determining whether to grant an administrative adjustment, the Zoning Administrator shall weigh the private and public interests and determine, in his or her reasonable discretion, that there will not be any adverse impacts to the public as a result of the granting of an administrative adjustment. The Zoning Administrator shall not have the authority to grant any administrative adjustments beyond the parameters set forth above. The Zoning Administrator shall not be required to grant any administrative adjustments and shall have the right to refer any application to the Board of Zoning Appeals for determination under the standards of review for a dimensional or locational variance. All decisions of the Zoning Administrator regarding an administrative adjustment shall be reduced to writing upon a form adopted by the Zoning Administrator and sent via certified mail to the owners of record of any adjacent properties and the applicant. The owner of record of an adjacent property and the applicant shall have fifteen (15) days from receipt of the notice to file an appeal of the Zoning Administrator's decision. All appeals of an administrative adjustment shall be heard by the BZA within thirty (30) days of the date upon which the notice of appeal is received by the Board.
(e) Certificates of Zoning Compliance. Any property owner may apply to the Zoning Administrator for final inspection for the issuance of a Certificate of Zoning Compliance, which shall contain a listing of all additional conditions and exceptions to which the property is subject as the result of variances, conditional uses and Planned Unit Developments (PUD's). The certificate of zoning compliance shall also state specifically wherein a nonconforming use or structure varies from the provisions of this Zoning Code.
(f) Temporary Structures. The Zoning Administrator may authorize the temporary use of a structure for any permitted use in the district in which the structure is located; provided that such temporary use:
(1) Shall not be permitted for longer than a total period of ninety (90) days, subject to the issuance of a temporary zoning permit containing such conditions to safeguard the public health, safety, general welfare, and
(2) Provided that the applicant removes the temporary structure by a date certain at the applicant's sole cost and expense.
(g) Zoning Code Violations. Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint with the Zoning Administrator. The Zoning Administrator shall promptly investigate all complaints, and after providing the property owner with notice and an opportunity to cure the violation, and if not so cured, may refer the matter to the City's attorney who shall have the discretion to bring a misdemeanor charge against the offending or parties.
(h) Penalties. Anyone who is adjudicated in violation of any of the provisions of this Zoning Code shall be guilty of a minor misdemeanor in accordance with Section 501.05, et seq. of the Fairborn Code of Ordinances. Notwithstanding anything to the contrary in Part Five of the Fairborn Code of Ordinances, each day that a violation continues shall be considered a separate offense.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)
1132.03 BOARD OF ZONING APPEALS REVIEW AND DECISIONS.
(a) Role of the Board of Zoning Appeals (BZA).
(1) The BZA shall consist of five (5) members each a citizen of the City, appointed by City Council for terms of five (5) years and they shall serve without compensation. The BZA shall, from time to time adopt and amend from time to time amend by-laws and rules of procedure governing itself and its proceedings.
(2) The BZA shall have the power to make decisions on applications for dimensional, locational, and use variances, appeals of decisions of the Zoning Administrator and appeals the decisions of the Planning Board on Conditional Use Applications.
(3) The BZA shall also hear and determine all administrative adjustments referred to it by the Zoning Administrator and appealed to it by adjacent property owners under the standards of review for a dimensional or locational variance, as they case may be.
(4) The BZA shall hear and determine all appeals to the Residential Building Code.
(5) Applications to the BZA shall be made on forms provided by the Zoning Administrator, as BZA Secretary, and shall not be deemed complete and shall not be processed until all required submissions and fees are received.
(6) The BZA shall hold a hearing to consider a complete application within forty-five (45) days of the date of receipt of the complete application, unless the applicant approves a continuance or postponement of the hearing to a later date.
(b) BZA Hearings. The BZA shall conduct public hearings on all applications or referrals at a time and place to be published at least fourteen (14) days prior to the hearing in a newspaper of general circulation of the City, and shall provide written notice thereof to all owners of property located within two hundred and fifty (250) feet in any direction of the property that is the subject of the application or referral.
(c) Stay of Proceedings. An appeal of a decision of the Zoning Administrator shall stay all proceedings and the operation of any decision appealed unless the Zoning Administrator certifies that by reason of facts stated in the application, a stay would in his or her opinion, cause imminent peril to life and property. In such case, proceedings or the operation of the decision shall not be stayed other than by a restraining order, which may only be granted by a court of complete jurisdiction.
(d) Dimensional and Locational Variances. Where the strict application or literal enforcement of the requirements of this Zoning Code would result in the applicant suffering practical difficulties, the BZA shall have power to authorize a variance from the terms of this Zoning Code so as to relieve such difficulties. In granting a variance, the BZA may impose such conditions as may be necessary to comply with the factors herein to reduce or minimize potential injurious effects of such variance upon neighboring properties and to carry out the general purpose and intent of this Zoning Code. In making such determination, the BZA shall consider all of the following factors, no single factor being determined whether:
(1) The property in question will yield a reasonable return or whether there can be any beneficial use of the property without a variance;
(2) The variance is substantial;
(3) The essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(4) The variance would adversely affect the delivery of government services (i.e., water, sewer, garbage);
(5) The property owner purchased the property with knowledge of the zoning restriction;
(6) The property owner's predicament feasibly can be obviated through some method other than a variance;
(7) The spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance; and
(8) Any other relevant factor to assist the BZA in weighing and balancing the public and private benefits and harms of the requested relief is necessary.
(e) Term and Extension of Variance. Variances shall expire one (1) year from the date of their being granted unless, prior thereto, the applicant commences actual construction in accordance with the granted variance or an extension of time has been granted by the Board of Zoning Appeals. There shall be no modification of variances except by further action of the BZA. Once the time limit pursuant to this subsection has expired, a request for a variance shall be considered to be a new application for a variance and shall meet all requirements for application and review pursuant to this Section.
(f) Appeal of Zoning Permits. The BZA shall have the authority to affirm, reverse in whole or in part, or subject to conditions, or modify the Zoning Administrator's decision on a zoning permit application, if the BZA finds that there is credible evidence that the Zoning Administrator's decision is unreasonable, arbitrary, capricious or not supported by a preponderance of the evidence in the administrative record.
(g) Appeal of Administrative Adjustment. The BZA shall have the authority to affirm, reverse in whole or part, or subject to conditions, or modify the Zoning Administrator's decision on an application for an administrative adjustment, if the BZA finds that there is credible evidence that the Zoning Administrator's decision is unreasonable, arbitrary, capricious or not supported by a preponderance of the evidence in the administrative record.
(h) Appeal of Conditional Uses. The BZA shall have the authority to affirm, reverse in whole or in part, or subject to conditions, modify the Planning Board's decision on a conditional use application, if the BZA finds that there is credible evidence that the Planning Board's decision is unreasonable, arbitrary, capricious or not supported by a preponderance of the evidence in the administrative record.
(i) BZA Decisions. All BZA decisions shall be in writing and shall contain findings of facts and conclusions of law. Decisions shall be mailed to the applicant, and any interested parties who make a written request for a copy of the written decision without unreasonable delay after the close of the hearing. Where an application has been denied, no new application on substantially the same facts shall be filed within six (6) months of the date the previous denial, unless the BZA, for good cause shown by the applicant, grants permission to do so.
(j) Appeals of BZA Decisions. A person or persons aggrieved by a decision of the BZA may appeal such decision by filing an appeal under Ohio Revised Code 2506 et seq.
(Ord. 34-17. Effective 12-7-17.)
1132.04 PLANNING BOARD REVIEW AND APPROVALS.
(a) Planning Board. The Planning Board shall consist of seven (7) members appointed by City Council for terms of three (3) years on a rotating basis from and among the qualified electors of the City. Members of the Planning Board shall not hold any other City office.
(1) The Planning Board may make recommendations to the City Manager and City Council on all matters affecting the physical growth and development of the City, shall be consulted on the Comprehensive Land Use Plan and the implementation or amendment thereof, and shall exercise all other responsibilities as may be provided by the City Charter or by ordinance, including, but not limited to, this Zoning Code.
(2) Meetings of the Planning Board shall be held at the call of the Board Chair and at such other times as the Planning Board may determine.
(3) The Planning Board shall adopt rules of procedure and shall keep a record of its proceedings, recording the vote upon each question, and shall also keep records of its hearings and other official actions.
(4) Findings of fact and the reasons for the action shall be included in the minutes of each case. Actions of the Planning Board shall be a public record and all meetings of the Planning Board shall be open to the public except in those instances when the Planning Board is acting in a quasi-judicial manner, in which case the Planning Board shall conduct a record hearing and may deliberate in private, and any matters permitted to be closed to the public under applicable Ohio law.
(b) Amendments to the Zoning Code and Map.
(1) Petitions for amendments to the Zoning Code or Zoning Map shall be made to the Planning Board by the Development Services Department, any member of the Planning Board, any member of City Council, the City Manager, or any citizen elector of the City, or if a petition for a Zoning Map amendment, by any of the aforementioned and by one or more owners of property within the area proposed to be amended.
(2) The Planning Board shall select a time, place and date for the public hearing on any such amendment application and shall publish the notice of the hearing in a newspaper of general circulation of the City once at least twenty-one (21) days prior to the hearing, and shall provide written notice thereof to all owners of property located within two hundred and fifty (250) feet of any property affected by the proposed amendment to the Zoning Map.
(c) Conditional Uses. The Planning Board shall review and approve the establishment or material change in conditional uses.
(1) Expansions, enlargements, and substitutions of non-conforming uses, structures and lots shall be reviewed as conditional uses for purposes hereof.
(2) The Planning Board shall give due regard to the nature and condition of all adjacent uses and structures and in authorizing a conditional use may impose such requirements and conditions, in addition to those expressly stipulated in this Zoning Code, as it may deem necessary for the protection of adjacent properties and the public interest.
(3) In approving a conditional use, the Planning Board may impose conditions as may be necessary to comply with the standards set forth herein to reduce or minimize potential injurious affects upon neighboring properties and to carry out the general purpose and intent of this Zoning Code.
(4) A conditional use shall become null and void at the end of twelve (12) months from date on which the Planning Board approves the conditional use, unless within such time period the applicant applies for and obtains a zoning permit from the Zoning Administrator.
(5) The Planning Board shall not recommend a conditional use unless it, in each specific case, makes specific findings of fact directly based upon credible evidence as to all of the following:
A. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals or general welfare;
B. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or will not substantially diminish and impair property value within the neighborhood;
C. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
D. Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
E. Adequate measures have been or will be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets; and
F. The conditional use will be located in a district where such use is permitted and that all requirements set forth in this Zoning Code and applicable to such conditional use will be met.
(d) Planned Developments. The Planning Board shall review and approve, in conjunction with City Council, all applications for Planned Unit Developments in accordance with approval procedures set forth under Chapter 1123: Planned Unit Development District.
(e) Decisions of the Planning Board.
(1) The Planning Board may, by a vote of not less than a simple majority of the members present at a meeting:
A. Recommend that the proposed amendment to the Zoning Map or Zoning Code be approved as requested; or
B. Recommend that the proposed amendment to the Zoning Map or Zoning Code be approved with conditions; or
C. Recommend denial of the proposed amendment to the Zoning Map or Zoning Code.
(2) The recommendation shall be forwarded to City Council within 30 days of the Planning Board's vote, after which a public hearing shall be held by City Council in accordance with its rules of procedure.
(f) Appeals of Planning Board Decisions of Conditional Uses. A person or persons aggrieved may appeal a decision of the Planning Board or a Conditional Use Application by filing a complete application for appeal to the BZA within 30 days of the written decision of the Planning Board. The BZA's decision shall be appealable under Ohio Revised Code Chapter 2506.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)
1132.05 REVIEW PROCEDURES.
(a) Purpose. The purpose of this chapter is to establish the review procedures that will ensure that the regulations set forth in this code are soundly and consistently applied, and that this code be vigorously administered.
(b) Common Review Standards. The requirements of this section shall apply to all applications and procedures subject to development review under this code, unless otherwise stated.
(1) Authority to File Applications.
A. Unless otherwise specified in this code, applications defined in this code may be initiated by:
i. An owner of the property that is subject of the application; or
ii. An agent authorized by the owner, which may include a lessee of the property.
B. The Planning Board or City Council may initiate code text and map amendments under this code with or without written authorization or application from the property owner who may be affected.
(2) Application Submission Schedule. The schedule for the submission of applications in relation to scheduled meetings and hearings of the review bodies shall be established by the Zoning Administrator, and made available to the public.
(3) Application Contents (as applicable).
A. Applications required under this code shall be submitted in a form, in such numbers, and in a manner (digital or hard copy) as established by the Zoning Administrator, and made available to the public.
B. Applications shall be accompanied by a fee as established by City Council.
C. Complete Application Determination
i. The Zoning Administrator shall only initiate the review and processing of applications submitted under this chapter if such application is determined to be complete.
ii. An application shall be determined to be complete if the applicant has submitted all of the forms, maps, and other submittal requirements required for the specified application, in the numbers required.
iii. The Zoning Administrator shall make a determination of application completeness within 14 calendar days of the application filing.
iv. If the application is determined to be complete, the application shall then be processed according to the procedures and timelines set forth in this code.
v. If an application is determined to be incomplete, the Zoning Administrator shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected and the Zoning Administrator determines that the application is complete.
vi. The City shall not be required to process an incomplete application, forward an incomplete application to any decision-making body, or be subject to any required timelines of review for incomplete applications.
vii. If the applicant fails to correct all deficiencies and submit a complete application within 90 days of the notice provided by the Zoning Administrator, the incomplete application shall not be reviewed, the applicant's original filing fee shall be forfeited, and the incomplete application shall be deemed withdrawn. The Zoning Administrator may grant one 60 day extension if just cause is shown.
viii. No reconsideration of an incomplete application shall occur after expiration of the 90-day period, and an applicant in need of further development approval under the code shall, pursuant to all of the original requirements this chapter, submit a new application, and submit a new filing fee.
ix. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(4) Simultaneous Processing of Applications.
A. Whenever two or more forms of review and approval are required under this code, the Zoning Administrator shall determine the order and timing of review.
B. The Zoning Administrator may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.
(5) Pre-application Meetings (as applicable)
A. Prior to filing an application, an applicant may request a meeting with the Zoning Administrator or City Engineer for a pre-application meeting to discuss the proposed application or project.
B. The purpose of the pre-application meeting shall be to discuss the proposed application or project, review submittal requirements, and discuss compliance with the provisions of this code and the comprehensive plan prior to the submission of an application.
C. The applicant should be prepared to provide all of the application submittal requirements established for the applicable review procedure pursuant to subsection 1132.05(b)(3), Application Contents.
D. Applicants for planned developments or zoning map amendments may request an informal pre-application meeting with the Planning Board to informally discuss the proposed amendment. However, no action shall be taken at such a meeting.
E. No action can be taken by the staff and/or any boards until the applicant submits an actual application and/or plan to the City pursuant to the laws and policies of the City. Therefore, all discussions that occur between the applicant and/or applicant's representative(s) and staff, and/or City boards, that occur prior to the date the applicant submits an actual application and/or plan including, but not limited to, any informal meetings with City staff, boards, any pre-application conferences or meetings, are not binding on the City and do not constitute official assurances or representations by the City or its officials regarding any aspects of the plan or application discussed.
(6) Fees.
A. Any application for development review under this code shall be accompanied by such fee as shall be specified from time to time by ordinance of City Council. There shall be no fee, however, in the case of applications filed by City Council or the Planning Board.
B. The fees shall be in addition to any other fees that may be imposed by the City, State, County, or other agency having jurisdiction.
C. Such fees are adopted to cover the cost to the City for investigations, legal advertising, postage, and other expenses resulting from the administration of the respective zoning activities.
D. Unless otherwise identified in the fee schedule adopted by City Council, no application shall be processed or determined to be complete until the established fee has been paid.
E. Application fees are not refundable except where the Zoning Administrator determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.
(7) Public Notification for Public Hearings and Public Meetings.
A. Applications for approvals that require public hearings shall comply with all applicable State requirements.
B. The Zoning Administrator shall be responsible for providing the required notice as specified by this subsection.
C. Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
i. Identify the address or location of the property subject to the application and the name of the applicant or the applicant's agent;
ii. Indicate the date, time, and place of the public hearing;
iii. Describe the land involved by street address, Greene County parcel identification number, or by legal description;
iv. Describe the nature, scope, and purpose of the application or proposal;
v. Identify the location (e.g., the offices of the Zoning Administrator) where the public may view the application and related documents;
vi. Include a statement that the public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application; and
vii. Include a statement describing where written comments will be received prior to the public hearing.
D. Notice Requirements. Published and mailed notice for public hearings shall be provided as required by the Ohio Revised Code.
E. Published Notice.
i. Published notice shall be provided in a minimum of one newspaper of general circulation.
ii. The content and form of the published notice shall be consistent with the requirements of this section and State law.
F. Written (Mailed) Notice
i. Written notification of property owners shall apply only to the initial presentation of the application for the public hearing in front of the applicable review board.
ii. Written notice shall be postmarked no later than amount of days prior to the hearing date at which the item will be considered.
iii. Notice shall be sent to the address of such owners appearing on the Greene County Auditor's current tax list or the County Treasurer's mailing list within two hundred fifty (250) feet in any direction of the property that is the subject of the application.
G. Constructive Notice
i. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct the department 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.
ii. When the records of the City document the publication, mailing, and/or posting of notices as required by this chapter, it shall be presumed that notice of a public hearing was given as required by this section.
(8) Conduct of Public Hearings.
A. Rights 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.
B. Continuance of a Public Hearing or Deferral of Application Review
i. An applicant may request that a review or decision-making body's consideration of an application at a public hearing be deferred by submitting a written request for deferral to the Zoning Administrator prior to the publication of notice as may be required by this code. The Zoning Administrator may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.
ii. A request for deferral of consideration of an application received by the Zoning Administrator after publication of notice of the public hearing as required by this code shall be considered as a request for a continuance of the public hearing, and may only be granted by the review or decision-making body.
iii. The review or decision-making 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. No additional notice is required if the fixed date, time, and place is announced at the time of the continuance.
(9) Withdrawal of Application. Any request for withdrawal of an application shall be either submitted in writing to the Zoning Administrator or made through a verbal request by the applicant prior to action by the review or decision-making body.
A. The Zoning Administrator shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice for the public hearing on the application in accordance with this code.
B. If the request for withdrawal of an application is submitted after publication of notice for the public hearing in accordance with this code, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision-making body.
(10) Examination and Copying of Application and Other Document (New). Documents and/or records may be inspected and/or copied as provided for by State law. At a minimum, the documents and/or records shall be available in the office of the Zoning Administrator.
(11) Effect of any Approvals.
A. The issuance of any approval, certificate, or permit under this code shall authorize only the particular development, alteration, construction, or use approved in the subject application.
B. All approvals shall run with the land or use and shall not be affected by change in ownership.
(12) Amendments of Approved Applications.
A. Minor Amendments
i. For any review procedure, the Zoning Administrator is authorized to allow minor changes related to design of an approved application where the change is insignificant. This shall not give the Zoning Administrator the authority to vary the requirements of this code or any conditions of approval.
ii. In cases where the proposed minor amendment is related to a public improvement or another element that the City Engineer has authority over, the City Engineer shall have the same authority to authorize minor changes.
B. Unless otherwise stated, any approval granted through the provisions of this code may be otherwise be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.
(13) Reapplication after Denial of an Application. If an application is denied, the applicant may:
A. Appeal the decision in accordance with the applicable appeals procedure established in this code;
B. Wait one year prior to resubmitting an application if it remains substantially the same as the original application; or
C. Make changes to the application that will fully address all issues and findings identified for the denial and resubmit a new application, including any required fees. Any such resubmission that occurs within one years of the date of original denial must include a list of the findings for denial and evidence that shows how the new application has substantially changed to address each of the findings. The Zoning Administrator shall have the authority to determine if the evidence submitted substantially changes the application to address all issues as part of the complete application. If it does not, the Zoning Administrator shall return the application, with reasons for their determination in writing, along with any paid fees; or
D. Submit a new application if the proposed use and design of the site will be entirely different than the denied application.
(14) Subsequent Development.
A. Development authorized by any approval under this section and this code shall not be carried out until the applicant has secured all other approvals required by this code or any other applicable provisions of the City.
B. The granting of any approval, certificate, or permit shall not guarantee the approval of any other required certificate, permit, or application.
C. The City shall not be responsible for reviewing the application for compliance with any permits, certificates, or other approvals that may be required by the Greene County, State, or other agencies having jurisdiction.
(15) Computation of Time.
A. 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, in which case the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday as observed by the City of Fairborn where the City administrative offices are closed for the entire day.
B. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).
C. 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 Fairborn in which the City administrative offices are closed for the entire day.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)
1132.06 VIOLATIONS AND PENALTIES.
(a) Complaints Regarding Violation. Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Administrator. They shall record properly such complaint, immediately investigate and act thereon as provided by this Zoning Code.
(b) Penalty.
(1) Any person violating any of the provisions of this Zoning Code where another penalty is not otherwise provided shall be deemed guilty of a misdemeanor and shall be fined as permitted under Section 765, Noncriminal Land Use Infractions, of the Ohio Revised Code.
(2) Each day's continuance of the violation shall be considered a separate offense.
(3) The owner of any buildings or premises, or part thereof, where anything in violation of this Zoning Code shall be placed or shall exist, and any architect, builder, contractor, agent or persons employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense.
(Ord. 34-17. Effective 12-7-17.)