Findlay City Zoning Code
CHAPTER 1113
Planning Commission Rules and Procedures
1113.01 CITY PLANNING COMMISSION.
(a) Subdivisions. As required per the City of Findlay Subdivision Rules and Regulations
(b) All site plans.
(1) All new construction, except:
A. Single, two, and three family dwellings
B. Accessory buildings and structures
C. Signs
D. Additions/alterations to one, two, and three family dwellings
(2) Any existing site proposing changes that would involve a change to:
A. Building Square Footage of more than ten percent (10%)
B. Required Parking
C. Access from a public roadway
D. Public water or sewer connections
E. Impervious surface on the site
F. Required Landscaping
(c) Conditional Uses
(d) Non-conforming Uses
(e) Zone Change Requests
(f) Street and Alley Vacation Requests
(g) Any Element of this Code as Identified
(Ord. 2023-115. Passed 12-19-23.)
1113.02 AUTHORITY TO FILE APPLICATIONS.
The person having legal authority to take action in accordance with the approval being sought must file an application for development review or approval under the Findlay Zoning Ordinance. Unless otherwise expressly stated, that person is presumed to be the record owner, option holder, or duly authorized agent of the record owner. City officials are authorized to require proof of legal authority to take the action sought. All applicants must be in good standing with the City of Findlay, as specified in Chapter 1165.
(Ord. 2023-115. Passed 12-19-23.)
1113.03 PRE-APPLICATION.
Each applicant for development approval is encouraged to arrange a pre-application conference with Planning Commission staff. Planning Commission staff will provide assistance to applicants and ensure that the appropriate review agencies are involved in such meetings.
(Ord. 2023-115. Passed 12-19-23.)
1113.04 FORM OF APPLICATION.
Applications required under the Planning and Zoning Ordinance or Subdivision Rules and Regulations must be submitted via forms provided by the City of Findlay and available on the City’s website. Applications shall be accompanied by three (3) copies of information required for submittal, i.e., site plans. A letter of submittal shall accompany each application. In the letter, the applicant shall describe the intent of the project, i.e., “this project is a beverage drive thru,” or “an adult care facility with 88 beds,” etc. The letter shall clearly indicate how to contact the owners or applicant and any/all consultants involved with the project. Once Planning Commission staff has reviewed the application and supporting information for completeness, the applicant must submit the remainder of the required material per Chapter 1113.08 Final Submittal.
(Ord. 2023-115. Passed 12-19-23.)
1113.05 APPLICATION FILING FEES.
Applications must be accompanied by the fee amount that has been established by the City Council. Any fee refund resulting from the applicant’s withdrawal is solely at the discretion of the Planning Commission Chairman.
(Ord. 2023-115. Passed 12-19-23.)
1113.06 APPLICATION COMPLETENESS.
An application will be considered complete and ready for processing only if it is submitted with the required form, includes all required information, and is accompanied by the required filing fee. The following steps will be taken in order to ensure completeness, an orderly review process, and placement on the agenda of the Planning Commission:
(a) Staff Review. Planning Commission staff will make a determination of application completeness.
(b) Incomplete Applications. If an application is determined to be incomplete, Planning Commission staff will notify the applicant along with an explanation of the application's deficiencies. No further processing of the application will occur until the deficiencies are corrected within the timeframe stated in the notice.
(c) Deficiencies.
(1) Prior to Setting Meeting Agenda. Deficiencies corrected within the time frame stated in the notice will not affect that item’s opportunity to be placed on the next City Planning agenda.
(2) Unresolved Prior to Setting Meeting Agenda. Applications with deficiencies requiring more time than stated in the notice will not be placed on the Planning Commission’s agenda until such time as the required/requested information is received.
(3) Unresolved within Sixty (60) Days. Deficiencies not corrected by the applicant within sixty (60) days will cause the application to be considered withdrawn. (Ord. 2023-115. Passed 12-19-23.)
1113.07 APPLICATION REQUIREMENTS.
(a) Preliminary Development Plan. Applications requiring Preliminary Development Plans shall contain information set forth in Section 1113.07(c) General Information and (d) Development Plan Information and will be referred to various city agencies and utility providers for study. The approval of a Preliminary Development Plan shall be in effect for two (2) years to allow for the preparation and submission of the Final Development Plan. If the Final Development Plan has not been filed within this approval period, then the Preliminary Development Plan approval shall expire.
(b) Final Development Plan. Only Preliminary Development Plans that have been approved by the City Planning Commission may apply for review as a Final Development Plan. The conditions for approval must be reflected in the Final Development Plan. Any deficiencies on the Preliminary Development Plan must be corrected within the established timeframe.
(c) General Information.
(1) Name, address and phone number of the applicant
(2) Name and address of registered surveyor, engineer and/or landscape architect who prepared the plan
(3) Legal description of the property
(4) Present use of the property
(5) Conceptual overview of the development
(6) Proposed ownership and maintenance of common open space
(7) Anticipated timing and phasing of the development
(8) Names and addresses of property owners within and contiguous to and directly across the street from the subject parcel or parcels
(d) Development Plan Information.
(1) Vicinity/project location map
(2) Location, type and density of development types
(3) Conceptual drainage plan
(4) Location and amount of open space(s)
(5) Gross lot acreage, net lot acreage, maximum allowable density, proposed density with calculations indicated
(6) Maximum site coverage
(7) Topography at one-foot contour intervals
(9) Existing features of the development site, including major wooded areas, streets, easements, utility lines, and ponds, waterways, and land uses
(10) Street layout and names
(11) Existing buildings to remain or to be removed; and if the existing buildings remain, their proposed use
(12) Proposed method of street lighting
(13) Landscaping (if required as condition for approval)
(14) Location, area, and dimensions of all lots, setbacks, and building envelopes
(15) Required number of parking spaces and number of spaces proposed
(16) All proposed signs excluding street signs (i.e. apartment signage)
(17) Area identification (entrance) structure and/or signage
(18) Any/all drainage and retention calculations
(19) Proposed utility layout
(20) Façade plans for projects within the Downtown Design Review District
(Ord. 2023-115. Passed 12-19-23.)
1113.08 FINAL SUBMITTAL.
Once an application has been determined complete, or a notice of correction has been issued, the applicant must submit the material in the number and form as required per the application form.
In addition, the applicant shall submit the following:
(a) An eleven (11) inch by seventeen (17) inch reduction of the drawings to be considered at the Planning Commission Hearing.
(b) A digital copy in PDF via compact disc or email.
(c) One (1) set of detention calculations or a written statement if detention is not required.
(d) A letter of submittal, if revised from original.
(Ord. 2023-115. Passed 12-19-23.)
1113.09 MEETING LOCATION.
The meetings will be held in the Findlay City Council Chamber unless otherwise designated. (Ord. 2023-115. Passed 12-19-23.)
1113.10 MEETING SCHEDULE AND SUBMISSION DEADLINES.
Planning Commission staff shall prepare an annual schedule of meetings and submission deadlines for the Planning Commission prior to the start of each calendar year. The Planning Commission shall review and adopt/amend the schedule at its last regular meeting each November.
(Ord. 2023-115. Passed 12-19-23.)
1113.11 SPECIAL MEETINGS.
The Planning Commission Chair may call special meetings. It shall be the duty of the Chair to call such a meeting when requested to do so by vote or in writing by a majority of the members of the Planning Commission.
(Ord. 2023-115. Passed 12-19-23.)
1113.12 QUORUM.
A majority of the entire membership of the Planning Commission shall constitute a quorum.
This majority must be present at a meeting in order that the Planning Commission may conduct its business. A decision of the Commission is a majority of the quorum.
(a) Motions. Motions shall be restated by the Chair or Clerk before a vote is taken. The names of the persons making the motion and its second shall be recorded.
(b) Voting. Voting shall be by roll call.
(c) Manner of Votes. Voting shall be recorded by yeas and nays upon the request of any member if so, ordered by the Chair.
(Ord. 2023-115. Passed 12-19-23.)
1113.14 PUBLIC MEETINGS.
All Planning Commission meetings shall be open to the general public. Information presented during the meeting shall be recorded.
(Ord. 2023-115. Passed 12-19-23.)
1113.15 PUBLIC NOTICE.
(a) Notice of applications shall be provided to property owners located within 500 feet of the applicant property perimeter. Notification shall be postmarked at least fourteen (14) days prior to the date of the meeting at which the request will be considered. The process for notification shall be as follows:
(1) Staff will provide a list of surrounding property owners to the applicant.
(2) Staff will mail notices.
(3) Staff report will:
A. Identify adjacent property owners
B. Indicate date of mailing notices
(b) Posted Notice.
(1) The City of Findlay shall post a sign on the subject property at least ten (10) days before the hearing.
(2) Upon placing the sign, the staff will take a time stamped photo of the signage to provide proof of placement.
(3) The sign shall indicate that the subject property is on the City Planning Commission agenda and provide a method for citizens to get more information.
(4) The City of Findlay shall remove the sign within seven (7) days after the meeting.
(5) Rezoning requests shall have a sign posted on the property while it is being considered by the City Council. The sign shall indicate that the subject property is on the City Council Agenda and provide a method for citizens to get more information. The sign shall be posted at least one day before the first reading and shall be removed within seven (7) days after the third reading of the rezoning ordinance.
(c) Withdraws.
(1) Prior to Deadline. In order to withdraw an application prior to a Planning Commission meeting, the request must be received prior to the City Planning Commission Clerk mailing the agenda packet to the Planning Commission members. The request for withdrawal must be in a letter form, addressed to the Planning Commission Clerk, and must state the reason for the request to withdraw. In general, agenda packets are mailed out the Friday prior to regularly scheduled Planning Commission meetings.
(2) Post Deadline. Letters received after the mailing will be forwarded to the Planning Commission members for their consideration at the scheduled meeting. The members may approve or deny the request at the meeting. Application fees will not be refunded for withdrawals.
(Ord. 2023-115. Passed 12-19-23.)
1113.20 PLANNING COMMISSION ACTION.
In making its recommendation or decision, the Planning Commission may take any of the following actions including: approval of the application; approval with modifications or conditions; denial of the application; or tabling/deferring the application to another date. In the course of review and decision-making, the Planning Commission; may exercise all powers identified in Chapter 713 of the Ohio Revised Code.
(Ord. 2023-115. Passed 12-19-23.)
1113.21 CONDITIONS OF APPROVAL.
When the Planning Commission approves applications with conditions, the conditions must relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impact of the use or development. Projects found to be out of compliance with any conditions as approved by the Planning Commission can result in having their occupancy permit revoked until such time as the conditions are found to be in order.
(Ord. 2023-115. Passed 12-19-23.)
1113.22 ISSUANCE OF ZONING PERMIT.
Issuance of a zoning permit after a site plan has been approved by the Planning Commission is not automatic. In general, cases that involve a site plan are approved with conditions. These conditions may be enumerated in the form of a letter to the applicant. Site plans approved by the Planning Commission are to be reviewed for compliance by the City Engineer and Planning Director prior to issuing a zoning permit. Failing to comply with any conditions required per Planning Commission’s site plan approval will result in a delay/denial of final approval by the Planning Director and/or City Engineer.
(Ord. 2023-115. Passed 12-19-23.)
1113.23 APPEALS.
Planning Commission decisions may be appealed to the Common Pleas Court per Ohio Revised Code Chapter 2506.
(Ord. 2023-115. Passed 12-19-23.)
1113.24 STAFF.
The Planning Commission staff as referenced herein includes the City Engineer, HRPC Director, Fire Department Official, Planning Commission Clerk, or designee.
(Ord. 2023-115. Passed 12-19-23.)
1113.25 STAFF REPORT.
The Planning Commission staff will review each request in accordance with the requirements set forth in the Findlay Zoning Ordinance and the Ohio Revised Code. Based on the results of those reviews, the staff will provide the report to the Planning Commission and applicant. (Ord. 2023-115. Passed 12-19-23.)
1113.26 CONSULTANTS.
The Planning Commission may employ expert consultants as it sees fit to aid the Commission in its work.
(Ord. 2023-115. Passed 12-19-23.)
1113.27 CONDITIONS FOR REVIEWING APPLICATIONS FOR ZONING CHANGE AND NON-CONFORMING USE.
In reviewing and making decisions on proposed zoning map amendments, use changes, and nonconforming uses, the Planning Commission shall consider at least the following factors:
(a) Consistency with Planning and Zoning. Consistency of the proposed rezoning with the Comprehensive Plan and the stated purpose of Findlay’s Zoning Ordinance.
(b) Existing Uses. Existing land uses within the general vicinity of the subject property;
(c) Existing Zoning. The zoning classifications of properties within the general vicinity of the subject property;
(d) Physical Characteristics. The physical suitability of the subject property for the uses permitted under the existing and proposed zoning classifications;
(e) Effect from Change. The extent to which rezoning will positively or detrimentally affect properties within the vicinity of the subject property;
(f) Errors or Inconsistencies. Whether the proposed amendment corrects an error or inconsistency in the Zoning Ordinance or meets the challenge of a changing condition;
(g) Utilities and Services. Whether the City and other service providers will be able to provide sufficient public safety, transportation, and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development; and
(h) Impact on Environment. Whether the proposed rezoning will have significant adverse impacts on the natural environment, including air, water, noise, storm water management, wildlife and vegetation.
(Ord. 2023-115. Passed 12-19-23.)
1113.28 SITE PLANS.
(a) Purpose. The purpose of requiring Site Plan Review and approval is to ensure compliance with the standards of Findlay’s Planning and Zoning Ordinance, to minimize land use conflicts, and to encourage the compatible physical design of the proposal. This includes, but is not limited to, arrangement of buildings, off-street parking, lighting, on and off-site vehicular or pedestrian circulation, landscaping, drainage and all other utilities, and review of vehicle and pedestrian access, all in a manner that will promote public safety and convenience and will preserve property values. All of the above-mentioned issues are subject to review and approval.
(b) Criteria. In order to be approved, the submitted plan must comply with all of the following criteria:
(1) Compliance. All standards of the Planning and Zoning Ordinance, Planning Commission Rules and Procedures, and other codified ordinances and City policies;
(2) Prior Conditions. All prior conditions for approval of previous cases pertaining to the subject parcel(s), site, building, etc., imposed by the City Planning Commission, Board of Zoning Appeals, or Findlay City Council must have been satisfied in order for a new application for the same parcel(s) to be eligible for submission. Parcel(s) not in compliance with said conditions must be brought into conformance before new applications can be accepted by the City of Findlay;
(3) Permitted Use. The proposed use must be allowed in the district in which it is located;
(4) Vehicular Access. Vehicular ingress and egress to and from the site and circulation within the site must provide for safe, efficient and convenient movement of traffic, not only within the site, but on adjacent roadways and developments as well; and
(5) Pedestrian Access. The plan must provide for the safe, efficient and convenient movement of pedestrians on the subject site.
(Ord. 2023-115. Passed 12-19-23.)
1113.29 ADMINISTRATIVE REVIEW AND ACTIONS.
(a) Purpose. For the purpose of expediting the review and approval of requests of a routine nature, the Planning Commission may delegate to the staff the administrative review of such matters for approval. The decision shall rest with staff for the following requests subject to the provisions unless otherwise expressly stated in this article.
(b) Eligible Applications.
(1) Home Occupations. Must meet the zoning criteria required for approval;
(2) Non-conforming uses. New use must be less nonconforming than the currently established and unexpired nonconforming use;
(3) Minor Changes. Minor changes to site plan and plats as set forth in Section 1113.31 Minor Changes Definition (Site Plans and Plats); and
(4) Building Additions. Cannot negatively impact/affect parking requirements, traffic circulation and/or access to roadways and satisfy other requirements as provided herein.
(Ord. 2023-115. Passed 12-19-23.)
1113.30 DECISIONS BY STAFF.
The staff will review each request for completeness and take one of the following actions:
(a) Approval. Approve the request as submitted;
(b) Review and Comment. Identify those revisions or modifications that would allow approval of the request;
(c) Approve the Request with Conditions. Approve request as presented but subject to certain restrictions or conditions;
(d) Denial. Deny the application for reason(s) stated; or
(e) Send to Planning Commission. Forward the request to the Planning Commission for review and action. Staff reserves discretion to bring any application before the Planning Commission.
(Ord. 2023-115. Passed 12-19-23.)
1113.31 MINOR CHANGES DEFINITION (SITE PLANS & PLATS).
Minor Changes include the following:
(a) Building Size. An increase in building footprint size or cumulative floor area:
(1) Thirty percent (30%) for buildings having less than 50,000 gross square feet;
(2) Fifteen percent (15%) for building having 50,000 or greater gross square feet;
(b) Building Height. An increase in building height allowable by the Planning and Zoning Ordinance;
(c) Hard Surface. Minimal increase in the cumulative impervious surface coverage (existing paved area) by less than ten percent (10%);
(d) Zoning. Permitted in the zoning district which it is located;
(e) Circulation. Changes in the internal traffic circulation;
(f) Open Space. Minor alterations in open space layout;
(g) Parking. Insignificant changes to the parking layout;
(h) Building Placement. Changes in the building/building envelope configurations that do not significantly change the coverage ratios, engineering calculations, parking layout, etc.; and;
(i) Amenities. Configuration of community recreational amenities such as clubhouses, swimming pools, etc.
(Ord. 2023-115. Passed 12-19-23.)
1113.32 REPORT TO PLANNING COMMISSION.
Administrative actions by staff shall be reported to the Planning Commission at the next regular meeting.
(Ord. 2023-115. Passed 12-19-23.)
1113.33 APPEAL OF ADMINISTRATIVE DECISIONS.
Appeals of staff decisions may be taken to the Planning Commission by filing a notice of appeal with the Planning Commission Clerk. Appeals must be filed within ten (10) days of the staff’s decision and must set forth a written statement from the aggrieved party setting forth the grounds for appeal.
(Ord. 2023-115. Passed 12-19-23.)
1113.35 ACTION ON APPEAL OF A SITE PLAN.
In the case of appeals, the Planning Commission must consider the original site plan submitted with the application. The procedure is to be the same as required of the original action before the Planning Commission staff.
(Ord. 2023-115. Passed 12-19-23.)
1113.36 APPROVAL PLUS VARIANCE.
If a development proposal requires both a site plan and a variance subject to Section 1115.04 Variance of Findlay’s Zoning Ordinance, the Planning Commission may approve the project with the condition that it must also receive an approval from the Board of Zoning Appeals for any/all necessary waivers.
(Ord. 2023-115. Passed 12-19-23.)
1113.37 REPETITIVE APPLICATIONS.
The Planning Commission staff may not process another application for the same or similar request affecting the same property or a portion of it until the expiration of a one (1) year period, extending from the date of denial by the Planning Commission or withdrawal by the applicant.
(Ord. 2023-115. Passed 12-19-23.)
1113.38 LAPSE OF APPROVAL.
If no work progresses on an approved application within one (1) year from the date of Administrative or Planning Commission approval, the approval shall lapse and become null and void. Issuance of permits and posting of construction bonds when required shall constitute work. The approval shall lapse if the permit expires prior to commencing the work.
Example: The maximum time period to complete a project is two (2) years. This is assuming the applicant waits until the 365th day after approval to obtain a permit. Permits are valid for one (1) year. No additional permits will be issued regardless of a project’s start date or completion status.
(Ord. 2023-115. Passed 12-19-23.)