Groveport City Zoning Code

TITLE THREE

Administration

1131.01 MUNICIPAL ADMINISTRATOR.

This Zoning Ordinance shall be administered and enforced by the Municipal Administrator or his designated representative who shall be appointed by the Mayor and confirmed by Council of the Municipality of Groveport and is hereby empowered:

(a) Certificate of Zoning Compliance: To issue a Certificate of Zoning Compliance when these regulations have been followed or to refuse to issue the same in the event of noncompliance.

(b) Collection of Fees: To collect the designated fees as set forth for Certificate of Zoning Compliance, application for amendment or changes, appeal and conditional use.

(c) Making and Keeping of Records: To make and to keep all records necessary and appropriate to the office, including record of the issuance and denial of all Certificates of Zoning Compliance and of receipt of complaints of violation of this Zoning Ordinance and action taken on the same.

(d) Inspection of Building or Land: To inspect any building or land to determine whether any violations of this Zoning Ordinance have been committed or exist.

(e) Enforcement: To interpret and enforce this Zoning Ordinance and take all necessary steps to remedy any condition found in violation by ordering in writing, the discontinuance of illegal uses or illegal work in progress, and may request the Municipality Solicitor to commence appropriate action.

(f) Advise Planning Commission: To keep the Planning Commission advised of all matters other than routine duties pertaining to the enforcement of this Zoning Ordinance and to transmit all applications and records pertaining to supplements and amendments.

(g) Advise Board of Appeals: To keep the Board of Zoning Appeals advised of all matters pertaining to conditional use permits, appeals, or variances and to transmit all applications and records pertaining thereto.

(Ord. 19-011. Passed 4-22-19.)

1131.02 PLANNING COMMISSION.

The creation, organization, and powers and duties of the Planning Commission are established in the Municipality Charter Section 8.02 and as otherwise provided by Ohio Revised Code 713. (Ord. 19-011. Passed 4-22-19.)

1131.03 BOARD OF ZONING APPEALS.

The creation, organization, and powers and duties of the Board Of Zoning Appeals Commission are established in the Municipality Charter Section 8.03 and as otherwise provided by Ohio Revised Code 713.11.

(Ord. 19-011. Passed 4-22-19.)

1132.01 CERTIFICATE OF ZONING COMPLIANCE REQUIRED.

(a) No occupied or vacant land shall be changed in its use in whole or part until the Certificate of Zoning Compliance shall have been issued by the Municipal Administrator or designee.

(b) No existing or new structure shall hereafter be changed in its use in whole or in part until the Certificate of Zoning Compliance shall have been issued by the Municipal Administrator or designee.

(c) This section shall in no case be construed as requiring a Certificate of Zoning Compliance in the event of a change in ownership, without a change in use or intended use, provided that no repairs, alterations, or additions are proposed for such building.

(d) Building Permit: No building permit for the extension, erection, or alteration of any building shall be issued before an application has been made and a Certificate of Zoning Compliance issued, and no building shall be occupied until such certificate is approved.

(Ord. 19-011. Passed 4-22-19.)

1132.02 APPLICATION PROCEDURE.

(a) Application for Certificates: Each application for a Certificate of Zoning Compliance for new development shall be accompanied by a Plot Plan drawn by a register surveyor or a Professional Engineer in duplicate drawn to scale, one copy of which shall be returned to the owner upon approval. The plan shall show the following:

(1) The actual dimensions of the lot including easements;

(2) The exact size and location of all buildings existing on the lot;

(3) The proposed new construction, additions or alterations;

(4) The existing and intended use of all parts of the land and buildings; and

(5) Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Zoning Ordinance.

(b) Reasonable Substitute: Note, the Municipal Administrator or his/her designee may, in his/her sole discretion, accept a Plot Plan that, while not drawn to scale nor prepared by a registered surveyor or professional engineer, never the less still provides the information required in Subsection (a) above, and as such, may be deemed a reasonable substitute therefore.

(c) Zoning Verification: Tenants can qualify for a zoning verification if the property has a change in tenancy with no exterior alterations, additions, or expansions of the existing structure, and whose use is the same as the previous tenant.

(Ord. 19-011. Passed 4-22-19.)

1132.03 APPLICATION FEES AUTHORIZED.

(a) An application for a Certificate of Zoning Compliance or other administrative review shall not be complete and no action shall be taken until all required fees, as approved by separate ordinance of City Council, shall be paid to address the costs of administration, investigation, advertising, and compliance, unless otherwise specified herein.

(b) The Municipal Administrator or designee may require additional fees to defray Municipality expenses associated with the review of complicated or poorly-prepared Site Plans, Development Plans, or other Subdivision plans, including the need to retain a registered professional engineer, surveyor, architect, landscape architect, or other professional consultant to advise the Municipality on any or all aspects of the application.

(d) Once the application is placed on the agenda the fees shall be non-refundable.

(Ord. 19-011. Passed 4-22-19.)

1132.04 REVIEW OF LANDSCAPING PLAN.

(a) Landscaping Plan Required: Pursuant to Chapter 1176 (Landscaping Plan), any person seeking a Certificate of Zoning Compliance, Conditional Use approval, Site Plan approval, Development Plan approval, Subdivision Plat approval, Zoning Map Amendment, or Variance approval shall file with his application a Landscaping Plan drawn to scale and prepared in a professional manner which, by Plot Plan and description shall include:

(1) The present location and size of all major trees, with a designation of major trees sought to be removed;

(2) The location, size, and description of landscaping materials proposed to be placed on the lot in order to comply with this chapter;

(3) The location and size of any structures presently on the lot, and those proposed to be placed on the lot;

(4) The proposed location and description of screening and buffer yards proposed to be placed on the lot in order to comply with this chapter.

(1) The Planning Commission shall consider a Landscape Plan as part of its review of any Site Plan, Development Plan, or Subdivision Plat application;

(2) The Board of Zoning Appeals shall consider a Landscape Plan as part of its review of any Conditional Use or Variance application;

(3) The Municipal Administrator or designee shall either approve or disapprove all Landscaping Plans submitted as part of an application for a Certificate of Zoning Compliance within thirty (30) working days of their filing. On reviewing the application and receiving suggestions or recommendations from the Municipal Administrator or designee, the applicant may agree to modify his application including the plans and specifications submitted. The Zoning Certificate of Compliance will not be issued until plans reflecting the agreed upon changes are submitted to the Municipal Administrator or designee. An applicant may appeal a decision of the Municipal Administrator or designee disapproving his Landscaping Plan to the Board of Zoning Appeals. Notice of appeal must be filed with the Municipal Administrator or designee within twenty (20) days after the decision of the Municipal Administrator or designee is mailed to the applicant at the address listed on his application

(d) No Certificate of Zoning Compliance, Conditional Use approval, Site Plan approval, Development Plan approval, Subdivision Plat approval, or Variance approval, shall be granted or issued until final approval of the Landscaping Plan.

(Ord. 19-011. Passed 4-22-19.)

1132.05 ISSUANCE OF CERTIFICATES.

Certificates of Zoning Compliance shall be issued or refusal thereof given within fourteen (14) working days after the date of a complete application or any necessary approval from an administrative board or commission.

(Ord. 19-011. Passed 4-22-19.)

1132.06 NOTICE OF DENIAL.

Written notice of such refusal and reason thereof shall be given to the applicant.

(Ord. 19-011. Passed 4-22-19.)

1132.07 EXPIRATION DATE.

The approval of the Certificate of Zoning Compliance is invalid if construction, erection, alteration, or other work has not commenced within twelve (12) months of approval. In addition, if in the course of construction, work is delayed or suspended for more than six (6) months, the approval is invalid. (Ord. 19-011. Passed 4-22-19.)

1133.01 VIOLATION.

(a) Violations of these Regulations are subject to penalties and enforcement measures set forth in the Regulations. The Municipal Administrator or designee shall be the primary official responsible for enforcement of this Zoning Code; however, any person may file a written complaint with the Municipal Administrator stating fully the causes and basis thereof, whereupon such complaint shall be properly recorded and investigated.

(1) Inspection of private property shall only proceed with the consent of the owner unless there is an emergency; the property is open to the public; the activity conducted on the property has a history of government oversight so that no expectation of privacy exists; or under the authority of an administrative search warrant obtained from a judge;

(2) Inspection of private property shall require proper Municipality identification and be conducted in a reasonable manner and where possible, at a reasonable hour.

(b) Upon a finding that any of the provisions of this Ordinance is being violated, the Municipal Administrator or designee shall provide written notice to the owner and/or such person responsible for such violation(s) calling attention to the action necessary to correct such violation in order to conform to the Ordinance and any other requirements stated on the Certificate of Compliance or plans and plats.

(Ord. 19-011. Passed 4-22-19.)

1133.02 CIVIL REMEDIES.

In case any building is, or is proposed to be, located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land is or is proposed to be used in violation of law or of this Ordinance or any amendment thereto, then City Council, the Law Director, the Municipal Administrator, or any adjacent or neighboring property owner who would be especially damaged by such violation may in addition to other appropriate action, enter proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use. Such remedies shall include but are not limited to liening the property of any owner for any costs incurred by the Municipality for the enforcement of this ordinance. The exercise of the rights and remedies granted in this Chapter shall in no way preclude or limit the Municipality or any other person from exercising any other right or remedy now or hereafter granted under the Municipality Charter or the laws of Ohio.

(Ord. 19-011. Passed 4-22-19.)

1133.99 PENALTY.

(a) Any person violating any provision of any Chapter of this Zoning Ordinance or who shall violate or fail to comply with any order made thereunder or who shall falsify plans or statements filed thereunder; or who shall continue to work upon any structure after having received written notice from the Municipal Administrator or designee to cease work, shall be guilty of a minor misdemeanor and, upon conviction thereof, shall be fined not more one hundred fifty dollars ($150.00) plus court costs.

(b) A separate offense subject to a separate fine shall be deemed committed for each and every day during or upon which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use occurs or continues.

(Ord. 19-011. Passed 4-22-19.)

1134.01 NATURE OF CONDITIONAL USES.

(a) Specifically listed conditional uses are provided within the Zoning District Regulations in recognition that such uses, although often desirable, will more intensely affect the surrounding area in which they are located than the permitted uses of such Zoning Districts.

(b) Intent: The intent of the procedure for authorizing a conditional use is to set forth the Development Standards and criteria for locating and developing a conditional use in accordance with the nature of the surrounding area, conditions of development, and with regard to appropriate plans. (Ord. 19-011. Passed 4-22-19.)

1134.02 WRITTEN APPLICATIONS.

Form of Application: One (1) copy of a provided application form shall be filed with the Municipal Administrator or designee not less than twenty (20) days prior to the date of the public hearing.

(a) Description of Property and Intended Use: The application shall include the following statements:

(1) A legal description of the property;

(2) The proposed use of the property;

(3) A statement of the necessity or desirability of the proposed use of the neighborhood or community;

(4) A statement of the relationship of the proposed use to adjacent property and land use;

(5) Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the application or required for appropriate action by the Board of Zoning Appeals.

(b) Plot Plan: The application shall be accompanied by ten (10) copies of a plot plan, drawn by a surveyor to an appropriate scale, clearly showing the following:

(1) The boundaries and dimensions of the lot;

(2) The size and location of existing and proposed structures;

(3) The proposed use of all parts of the lot and structures, including access ways, walks, off-street parking and loading spaces, and landscaping;

(4) The relationship of the proposed development to the Development Standards;

(5) The use of land and location of structures on adjacent property.

(Ord. 19-011. Passed 4-22-19.)

1134.03 ACTIONS OF THE BOARD OF ZONING APPEALS.

The Board of Zoning Appeals shall hold a public hearing and act on a Conditional Use within thirty (30) days following the public hearing.

(a) Public Notice: Notice of the public hearing shall be given to the adjoining property owners as set forth in the second paragraph of Section 1136.03(a)(2)(b). (Notice of Hearing). No publication shall be necessary.

(b) Standards for Approval: The Board of Zoning Appeals shall evaluate an application for a Conditional Use based upon the following criteria:

(1) The proposed use is a Conditional Use of the Zoning District and the applicable Development Standards established in this Development Ordinance are met;

(2) The proposed development is in accord with appropriate plans for the area;

(3) The proposed development will be in keeping with the existing land use character and physical development potential of the area.

(1) Approval: Upon a favorable finding, the Board of Zoning Appeals shall approve a Conditional Use application;

(2) Approval with Modification:

A. The Board of Zoning Appeals may approve with modification an application for a Conditional Use, if the proposed use is a Conditional Use of the Zoning District and the applicable Development Standards are met, but plot plan modification is required:

1. To be in accord with appropriate plans for the area; and

2. To prevent undesirable effects on adjacent property and the surrounding area.

B. Such modification may be a limitation on the extent or intensity of development, a requirement for additional screening by fence or landscaping, a change in the method or plan for lighting, control of access, or other conditions of development as may be required. Recommendations regarding the modification of plans or other appropriate actions shall be stated with the reasons for each recommendation.

(3) Disapproval: The Board of Zoning Appeals shall only disapprove an application for a Conditional Use for any of the following reasons:

A. The proposed use is not a Conditional Use of the Zoning District or the applicable Development Standards are not and cannot be met.

B. The proposed development is not in accord with appropriate plans of the area.

C. The proposed development will have undesirable effects on the surrounding area and is not in keeping with the existing land use character and physical development potential of the area.

(d) Effect of Approval of a Conditional Use: A Certificate of Zoning Compliance may be issued for an approved Conditional Use only within the period of one (1) year from the date of final approval by the Board of Zoning Appeals.

(e) Building Permit: A building permit may be obtained for the development only in accordance with the approved plot plan.

(Ord. 19-011. Passed 4-22-19.)

1135.01 PROCEDURE FOR ESTABLISHMENT OF PLANNED DEVELOPMENT ZONING.

Planned development zoning may be established by application in accordance with the following procedure.

(a) Submission of Application: The owner or owners of a tract of land may request that the Zoning District Map be amended to include such tract as a planned development in accordance with the provisions of Chapter 1136 (Amendments or Supplements).

(b) Development Plan: The owner shall have the option to proceed with a concurrent submission of a Development Plan or to proceed with the rezoning first followed by a later submission of a Development Plan within three (3) years of zoning approval. However, where land is rezoned without a Development Plan, no subdivision of land or Certificate of Zoning Compliance shall be authorized or issued until a Development Plan is reviewed and approved.

The required Development Plan shall be submitted and approved within the three (3) year time limit, or the zoning approval shall be voided and the land shall revert to its last previous Zoning District, except if an application for time extension is submitted in accordance with subsection (f) (Extension of Time or Modification) hereof.

Where a Development Plan is submitted for review, twenty (20) copies of the Development Plan shall be submitted at a scale of at least one inch equals one hundred feet (1"=100') prepared and sealed by either a registered engineer, surveyor, architect, or a landscape architect. Such Development Plan shall be in map form with accompanying text as appropriate and shall address the following:

(1) Site Map: A survey map of the boundary of the area being requested for zoning map amendment shall depict existing roads, streets, and easements within the subject tract as well as the proposed location and approximate size of all structures and ancillary uses. Off-site contour and easement locations shall be provided where necessary to determine special off-site circumstances as they relate to the development or off-site features affected by the development;

(2) Vegetation: Significant stands of existing vegetation are to be depicted;

(3) Soils: Soil types found on the subject tract are to be submitted based upon the Franklin County Soil Survey;

(4) Selected uses in accordance with Section 1153.03 (Land Use Matrix) to be permitted within a planned development district shall be specified by size of service type (use) areas, and proposed location of specific structures and ancillary uses as a part of the Development Plan submission. The Development Plan shall indicate total square feet in buildings and for residential uses shall note dwelling unit types, tenant types, dwelling unit densities and the total number of dwelling units for each density area, and the total number of dwelling units proposed in the Development Plan;

(5) The proposed size, location, and use of other portions of the tract, including: useable open areas, parks, playgrounds, school sites, landscaped, parking, loading, service, maintenance, and other areas and spaces with the suggested ownership of such areas and spaces;

(6) The proposed provision of water, sanitary sewer and/or industrial waste disposal, and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness;

(7) The proposed traffic circulation patterns, including public and private streets, access drives, parking arrangement, pedestrian walks and safety areas, and other access ways, indicating their relationship to topography, existing and proposed external streets and traffic patterns, or showing other evidence of reasonableness;

(8) The proposed schedule of site development, construction of structures, and associated facilities, including sketches and other materials indicating design principles and concepts to be followed in site development, construction, landscaping, and other features. Such schedule shall include the proposed use or reuse of existing site development and associated facility features, such as topography, structures, streets, services, utilities, and easements;

(9) The relationship of the proposed development to existing and future land use in the surrounding area, the street system, community facilities, services, and other public improvements;

(10) Evidence that the applicant has sufficient control over the land to effectuate the proposed Development Plan, including street, water, sanitary sewers, waste disposal, surface drainage, and other facilities for subdivision development required by the Subdivision Regulations for Municipality of Groveport, Ohio. Evidence of control includes property rights and the engineering feasibility data which may be necessary;

(11) Planned commercial districts shall include economic feasibility studies (market analysis or other data) justifying the proposed development.

(12) The proposed landscape plan showing buffer yards, existing major trees, screening, and other landscaping as required in Section 1176.

(13) Proposed signage such as ground, pole, wall, and other signage.

(14) Proposed fencing.

(1) That the proposed development is consistent in all respects with the purpose, intent, and applicable standards of this Zoning Ordinance;

(2) That the proposed development is in conformity with a comprehensive plan or portion thereof as it may apply;

(3) That the proposed development advances the general welfare of the Municipality and the immediate vicinity; and

(4) That the benefits (including economic character), improved site arrangement, and the design of the proposed development justify the deviation from standard development requirements included in this Zoning Ordinance.

(d) Effect of Approval: The Development Plan as approved by the Groveport City Council shall constitute an amendment to the planned development district regulations as they apply to the land included in the approved amendment.

(1) The approval shall be for a period of five (5) years for the PR-6, PR-12, PSC, and PIP Districts, a period of three (3) years for the PR-18 and PHS Districts, and a period of two (2) years for the SCPD District to allow the preparation of the required Subdivision Plat, submitted in accordance with the Subdivision Regulations for the Municipality of Groveport, Ohio and a Certificate of Zoning Compliance;

(2) Unless the required Subdivision Plat is submitted and recorded within the time limit, the approval shall be voided and the land shall revert to its last previous Zoning District, except if an application for time extension is submitted in accordance with subsection (f) (Extension of Time or Modification) hereof.

(e) Plat Required: In a planned development district, no use shall be established or changed and no structure shall be constructed or altered until the required Subdivision Plat has been recorded in accordance with the Subdivision Regulations for the Municipality of Groveport, Ohio. The Subdivision Plat shall be in accord with the approved Development Plan and shall follow the guidelines of Section 1191.09 (Final Plat).

(f) Extension of Time or Modification: An extension of the time limit or the modification of the approved Development Plan may be approved by the City Council. Such approval shall be given upon a finding of the purpose and necessity for such extension or modification and evidence of reasonable effort toward the accomplishment of the original Development Plan, and that such extension or modification is not in conflict with the general health, safety, and welfare of the public or the development standards of the planned development district. Normal public notification procedures of the Planning and Zoning Commission shall be followed prior to recommending to City Council any modification to a previously approved planned development district or Development Plan.

(Ord. 19-011. Passed 4-22-19.)

1135.02 REGULATION OF USE AND DEVELOPMENT OF LAND AND STRUCTURES.

Regulation pertaining to the use of land and/or structures, and the physical development thereof within each of the Zoning Districts as adopted as a planned development Zoning District in Chapter 1152 (Zoning District Map) and as may be drawn on the Zoning District Map, are hereby established and adopted.

(Ord. 19-011. Passed 4-22-19.)

1135.03 RULES OF APPLICATION.

The Planned Development Regulations set forth in this chapter shall be interpreted and enforced according to the following rules.

(a) Identification of Uses: Listed uses are to be defined by their customary name or identification, except where they are specifically defined or limited in this Zoning Ordinance.

(b) Permitted Uses: Only uses designated as a permitted use shall be allowed as a matter of right in a Planned Development District and any use not so designated shall be prohibited except when in character with the proposed development such additional uses may be approved as a part of the Development Plan.

(c) Procedures: The procedures and conditions set forth for the determination of Planned Development Districts and development therein shall be followed except where a written statement by the applicant accompanying the application proposes that any such procedure or condition does not apply in the specific case. Such statement shall accompany the application and is subject to approval by the Planning and Zoning Commission.

(d) Development Standards: The Development Standards set forth shall be the minimum allowed for development in a Planned Development Zoning District.

Exception: In the case that an approved development plan is no longer attached to the ordinance approving the Zoning Amendment for the effected property or the approved development plan cannot be found or is no longer in existence in City records the following shall apply;

(1) Within an existing developed planned district: Compliance with the zoning text for the specific planned district and other pertinent zoning regulations will be adequate as compliance for the planned district the property is located in.

(2) Within an undeveloped planned district: A development plan shall be submitted as required in Chapter 1135 Planned Development Review and the specific requirements of the approved planned district zoning of the property.

(Ord. 19-011. Passed 4-22-19.)

1136.01 CHANGE OR AMENDMENT BY COUNCIL.

The City Council may change or amend the text of this Zoning Ordinance, or the Zoning District Map.

(a) Initiation by Ordinance: Proposed changes or amendments may be initiated by the City Council by ordinance or by motion of the Planning and Zoning Commission.

(b) Initiation by Application: Proposed changes or amendments may be initiated by one (1) or more owners or owner's agent of land within the area that is proposed to be changed by amendment of the Zoning District Map or by one or more owners or owner's agent of land to be affected by change or amendment of other provisions of this Zoning Ordinance.

(c) Resubmission of Application: If a proposed amendment or supplement initiated by application is disapproved by the City Council, another application for amendment or supplement affecting the land included in the disapproved application shall not be submitted within one (1) year from the date of disapproval, except with a statement by the Planning and Zoning Commission of changed or changing conditions affecting the land sufficient to warrant reconsideration.

(d) Withdrawal of Application: An application proposing a change or amendment to the text of the Zoning Ordinance or the Zoning District Map may be withdrawn by the applicant in writing prior to or at the second reading of the legislation pertaining to the proposed change or amendment. Applicants exercising this right of withdrawal shall be responsible for any and all postage fees incurred by the Municipality in notifying the owners of the property within, contiguous to, and directly across the street from the affected parcel or parcels when the proposed change or amendment to the Zoning District Map involves ten or less parcels of land as listed on the tax duplicate. (Ord. 19-011. Passed 4-22-19.)

1136.02 INITIATION OF ACTION BY OWNER OR OWNER'S AGENT OF LAND.

An application shall be filed with the Zoning Officer not less than thirty (30) days prior to the public hearing of the Planning and Zoning Commission at which the proposal is to be considered.

(a) Application: The application for any proposed change for amendment shall contain:

(1) A completed application form.

(2) Description or statement of the present and proposed provisions of this Zoning Ordinance or the proposed change of the district boundaries of the Zoning District Map.

(3) A description by map or text of the property to be affected by the proposed change or amendment.

(4) A statement of the relation of the proposed change or amendment to the general health, safety and welfare of the public in terms of need or appropriateness within the area by reason of changed or changing conditions and the relation to appropriate plans for the area.

(5) A list of owners of property within, contiguous to and directly across the street from such area proposed to be rezoned. Such list to be in accordance with the Franklin County Auditor's current tax list.

(Ord. 19-011. Passed 4-22-19.)

1136.03 PROCEDURE FOR PROPOSED CHANGE OR AMENDMENT.

(a) Public Hearing:

(1) Hearing Date: Upon receipt of an application, the Planning and Zoning Commission shall hear the proposed change or amendment at the next regularly scheduled Commission hearing

(2) Notice of Hearing:

A. Notice setting forth the time and the place of such hearing and the nature of the proposed change or amendment shall be given by the Planning and Zoning Commission by publication in one (1) or more newspapers of general circulation in the Municipality once a week for one (1) consecutive week affected by such proposed change or amendment at least seven (7) days before the date of such public hearing.

B. If the proposed change or amendment intends to affect (rezone or redistrict) ten (10) or less parcels of land, as listed on the tax duplicates written notice of the public hearing shall be mailed by the Planning and Zoning Commission by first class mail, at least fifteen (15) days before the date of the public hearing to all owners of property within and contiguous to and directly across the street from such area affected by the proposed change or amendment. Such notice is to be mailed to the address of such owners appearing on the County Auditor's current tax list.

(b) Action by the Planning and Zoning Commission: After a public hearing, the Planning and Zoning Commission shall act on a proposed change or amendment.

(1) Consideration: The Planning and Zoning Commission shall consider the approval, denial or some modification of the proposed change or amendment as such proposal in the Commission's judgment advances the general health, safety, and welfare of the public by encouraging appropriate use and development of the land affected and the comprehensive or overall development of the surrounding area;

(2) Recommendation: Within thirty (30) days after the public hearing, the Planning and Zoning Commission shall submit to the City Council a recommendation of approval, denial or some modification of the proposed change or amendment, including a statement of reasons for such recommendation, together with such resolution or application, the text and map pertaining thereto.

(c) Action by City Council: Upon receipt of such recommendation concerning proposed change or amendment the City Council shall set a time for a public hearing.

(1) Hearing Date: The date for a public hearing shall be set for at least thirty (30) days from the date of the receipt of recommendation from the Planning and Zoning Commission;

(2) Notice of Hearing;

A. The Clerk of Council shall cause notice of the public hearing to be published one (1) time in a newspaper of general circulation within the Municipality, said publication to be made at least seven (7) days prior to the date of the public hearing.

B. When the amendment, revision, change or repeal involves ten (10) or less parcels of land as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council by certified mail at least seven (7) days before the date of the public hearing to the owners of the property within, contiguous to and directly across the street from the affected parcel or parcels. Such notices shall be sent to the addresses or owners appearing on the County Auditor's current tax list and to other lists as may be required by Council. The failure of delivery of the notice shall not invalidate any ordinance or resolution.

(d) Final Action:

(1) Within thirty-five (35) days after such public hearing, the City Council shall either adopt or deny the recommendation of the Planning and Zoning Commission or adopt some modification thereof;

(2) In the event the City Council denies or modifies the recommendation of the Planning and Zoning Commission, a vote of 5 of 6 of the Council shall be required. (Ord. 19-011. Passed 4-22-19.)

1137.01 PROCEDURE FOR APPEALS.

(a) Appeals to the Board of Zoning Appeals may be taken by any person aggrieved where it is alleged there is error in any order, requirement, decision, or determination made by the Municipal Administrator or designee in the enforcement of this Zoning Ordinance.

(b) Submission of Notice of Appeal: An appeal shall require a formal filing within twenty (20) days after the final decision of the Municipal Administrator or designee by filing a Notice of Appeal on forms provided by the Municipality with the Municipal Administrator or designee. The Notice of Appeal shall specify the grounds for the appeal. The Municipal Administrator or designee shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action was taken.

(c) Review by Board of Zoning Appeals: The Board of Zoning Appeals shall fix a reasonable time for the public hearing of the appeal, give at least fifteen (15) days' notice in writing to all owners of property within and contiguous to and directly across the street from such affected area and decide the appeal within a reasonable time after it is submitted. Upon the hearing, any person may appear in person or by attorney.

(Ord. 19-011. Passed 4-22-19.)

1137.02 PROCEDURE FOR VARIANCE.

(a) Nature of Variance: On a particular property, extraordinary circumstances may exist making a strict enforcement of the applicable Development Standards of the Zoning Ordinance unreasonable and, therefore, the procedure for variance from Development Standards is provided to allow the flexibility necessary to adapt to changed or unusual conditions, both foreseen and unforeseen, under circumstances which do not ordinarily involve a change in the primary use of the land or structure permitted.

(b) Written Application: One (1) copy of a provided application accompanied by a copy of the denied Certificate of Zoning and a statement of the reason for denial shall be filed with the Municipal Administrator or designee not more than twenty (20) days from the date such denial of the Certificate of Zoning Compliance is issued.

(1) The nature of the variance, including the specific provisions of the Zoning Ordinance upon which the variance is requested;

(2) A legal description of the property;

(3) A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the Zoning District;

(4) A statement showing that the special conditions and circumstances do not result from the actions of the applicant;

(5) A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights;

(6) Such other information regarding the application for appeal as may be pertinent or required for appropriate action by the Board of Zoning Appeals.

(d) Plot Plan: The application shall be accompanied by ten (10) copies of a plot plan drawn by a professional surveyor to an appropriate scale showing the following:

(1) The boundaries and dimensions of the lot;

(2) The nature of the special conditions or circumstances giving rise to the application for approval;

(3) The size and location of existing and proposed structures;

(4) The proposed use of all parts of the lot and structures including access ways, walks, off-street parking and loading spaces, and landscaping;

(5) The relationship of the request variance to the Development Standards;

(6) The use of land and location of structures on adjacent property.

(e) Actions of the Board of Zoning Appeals: The Board of Zoning Appeals shall hold a public hearing and act on an appeal in one of the following ways:

(1) Public Notice: Notice of the public hearing shall be given to the adjoining property owners as set forth in Section 1136.03(a)(2)B. (Notice of Hearing). No publication shall be necessary.

(2) Approval of Variance: The Board shall only approve a variance or modification thereof if extraordinary circumstances exist. The Board shall consider the following to determine if extraordinary circumstances exist:

A. Whether the property in question will yield a reasonable return or whether there can be any beneficial use without the variance;

B. Whether the variance is substantial;

C. Whether 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;

D. Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);

E. Whether the property owner purchased the property with knowledge of the zoning restriction;

F. Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and

G. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance;

H. Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and

I. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.

(3) Certificate of Zoning: A Certificate of Zoning Compliance may be issued only within the period of one (1) year from the date of final approval by the Board of Zoning Appeals;

(4) Building Permit: A building permit may be obtained only for the development in accordance with the approved plot plan.

(Ord. 19-011. Passed 4-22-19.)

1137.03 VARIANCES BY CITY COUNCIL.

(a) City Council may grant the following zoning variances:

(1) Use Variance: Permit a use of the property otherwise not permitted by the underlying zoning district established on the property, if such use will not be incompatible with permitted uses on the affected property and will not adversely affect the surrounding property or surrounding neighborhood, and if Council is satisfied that the granting of such variance will alleviate some hardship or difficulty, or is appropriate due to special circumstances, which warrants a variance from the comprehensive plan or the underlying zoning district;

(2) Area Variance: Permit a variation in the yard, height, parking requirements or other prescribed development standards of any district only in conjunction with a change in zoning or a development plan approval adopted as otherwise provided in this chapter or a use variance granted pursuant to subparagraph (a)(1), above, and only where there are unusual and practical difficulties in the carrying out of the zoning district provisions due to an irregular shape of lot, topography, or other unique conditions, provided that such variance will not seriously adversely affect any adjoining property or the general welfare.

(b) Before authorizing any variance from the Zoning Code in a specific case, City Council shall first determine that such variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the municipality.

(c) In granting a variance pursuant to this section, Council may impose such requirements and conditions regarding the location, character, standards of use, duration, and other features of the variance proposal as Council deems necessary to carry out the intent and purpose of this Zoning Code and to otherwise safeguard the public safety and welfare.

(d) Such a variance shall only be considered upon application, and shall follow the form prescribed in Section 1137.02(c). In addition, the applicant shall provide the information prescribed by Sections 1137.02 (Description of Property and Nature of Variance) and Section 1377.02(d) (Plot Plan). Hearing on the variance request shall proceed as any other matter before City Council. Consideration of a variance request made pursuant to this section is purely discretionary by Council and refusal by Council to consider an application for such a variance shall not give rise to any remedy in equity or law as a result of such refusal.