Mount Vernon City Zoning Code
CHAPTER 1103
Review Procedures
1103.01 PURPOSE.
This chapter establishes the various administrative and board level review procedures used for the administration, interpretation, and enforcement of this code along with the review criteria used for decision-making purposes on individual applications.
(Ord. 2024-032. Passed 7-22-24.)
1103.02 COMMON REVIEW REQUIREMENTS.
The requirements of this section shall apply to all applications and procedures subject to development review procedures established in this code, unless otherwise stated.
(a) Summary of Review Procedures. Table 1103-1 provides a list of all review procedures utilized in the administration and enforcement of this code, the applicable review authority, the type of review hearing or meeting, and the decision-making responsibility of each review authority.
Review Procedure | See Section: | City Council | MPC | BZA | HRC | Staff |
Code and Text Amendment | PH/D | PH/R | ||||
Alternative Equivalency Review | PH/D | PH/D | ||||
Certificate of Appropriateness (COA) | PM/D | |||||
Conditional Use | AH/D | |||||
Variance | AH/D | |||||
Appeals | AH/D | |||||
Zoning Permit | D | |||||
Administrative Waiver | 1103.08(f) | D | ||||
Minor Subdivision | D | |||||
Major Subdivision: Preliminary Plat | PM/D | |||||
Major Subdivision: Subdivision Modification | PM/D | |||||
Major Subdivision: Final Plat and Improvement Plans | PM/D | |||||
Major Subdivisoin: Acceptance of Improvements | PM/D | |||||
Interpretation of the Code | D | |||||
Planned Development: Development Plan and Zoning Map Amendment | PH/D | PH/R | ||||
Abbreviations: | ||||||
PH = Public Hearing AH = Adjudication Hearing PM = Public Meeting R = Recommendation D = Decisions | ||||||
(b) Authority to File Applications.
(1) Unless otherwise specified in this code, applications for development review procedures defined in this code may be initiated by:
A. An owner of the property that is the subject of the application; or
B. An agent who is authorized to file on behalf of an owner as demonstrated by a notarized letter or similar document., An agent may include a lessee of the property, manager, attorney, or other representative.
(2) The MPC or City Council may initiate code text and map amendments under this code, with or without written authorization or application from the property owners who may be affected.
(c) 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 ZEO, and made available to the public.
(d) Application Contents.
(1) Applications required under this code shall be submitted to the ZEO.
(2) All applications shall be in a form and in such numbers as established by the ZEO, and made available to the public as part of application forms.
(3) Applications shall be accompanied by a fee, if required, in accordance with the fee ordinance adopted by City Council pursuant to Section 1103.02(g).
(4) Complete Application Determination.
A. The ZEO shall only initiate the review and processing of applications submitted under this code if such application is determined to be complete.
B. 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. The ZEO may waive the submission of requirements if such requirements are not needed due to the type or scale of development, or are unnecessary for determining compliance with this code. Such waiver shall be provided to the applicant in writing as part of the record.
C. The ZEO shall make a determination of application completeness within five business days of the application filing.
D. 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.
E. If an application is determined to be incomplete, the ZEO 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 ZEO determines that the application is complete.
F. 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.
G. If the applicant fails to correct all deficiencies and submit a complete application within sixty (60) days of the notice provided by the ZEO, 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 ZEO may grant one sixty (60)-day extension if just cause is shown, upon written request by the applicant.
H. No reconsideration of an incomplete application shall occur after expiration of the sixty (60)-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.
I. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(e) Simultaneous Processing of Applications.
(1) Whenever two or more forms of review and approval are required by review boards under this code, the ZEO shall determine the order and timing of review.
(2) The ZEO may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.
(f) Pre-application Conferences or Meetings.
(1) Prior to filing an application, an applicant may request a meeting with the ZEO for a pre-application conference to discuss the proposed application or project.
(2) An applicant may request a pre-application meeting with a review board for any review procedure in this chapter. The applicant may request such meeting by submitting a written request to the ZEO for placement on the agenda of the next regularly scheduled meeting or any special meeting that may be called by the applicable review board.
(3) The purpose of the pre-application conference or meeting shall be to discuss the proposed application or project, review submittal requirements, and discuss compliance with the provisions of this code and any applicable plans prior to the submission of an application.
(4) No action can be taken by the administrative staff and/or any review 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 review 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, review 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.
(g) Fees.
(1) Any application for a review procedure 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 the Mayor, City Council, or any of the review boards.
(2) The fees shall be in addition to any other fees that may be imposed by the City, Knox County, State, or other agency having jurisdiction.
(3) Such fees are adopted to cover the cost to the City for investigations, legal advertising, postage, and other expenses resulting from the administration of planning, subdivision, and zoning activities.
(4) 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.
(5) If the City determines that the costs on a particular application will exceed the filing fee as established by City Council as a result of preparation of legal descriptions, maps, studies, or other required information, or as a result of the need for professional expert review, study, or testimony, the ZEO is authorized to collect such additional costs from the applicant.
(6) Application fees are not refundable except where otherwise stated in this code or where the ZEO 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.
(h) General Provisions for Attendance and Decisions.
(1) Whenever a provision of this code allows for or requires attendance at a meeting or hearing by the applicant, the applicant may attend in person or may have an authorized representative attend in their place.
(2) Whenever a provision in this code requires a decision to be provided in writing, or communication in writing, then such provision shall be interpreted to allow for such communication by e-mail unless otherwise stated, required by law, or requested by the applicant.
(i) Public Notification for Public Meetings. For all public meetings required by this code, the City shall comply with this code and all applicable State notice requirements.
(j) Public Notification for Public Hearings.
(1) Applications for development approval that require public hearings, including all adjudication hearings, shall comply with all applicable State requirements and the public meeting notice requirements established in Section 1103.02(i), above.
(2) The ZEO shall be responsible for providing the required notice as specified in Table 1103-2.
(3) Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
A. Provide the name of the applicant or the applicant's agent;
B. Indicate the date, time, and place of the public hearing;
C. Describe the land involved by street address, as applicable, Knox County parcel identification number (as applicable), or by legal description; and
D. Describe the nature, scope, and purpose of the application or proposal.
(4) Notice Requirements. Published and mailed notice for public hearings shall be provided as defined in Table 1103-2.
Review Procedure | Published Notice | Written (Mailed) Notice |
Code Text Amendment | Published notice required a minimum of 10 days before the scheduled public hearing of MPC and 30 days before the scheduled public hearing of City Council | No written notice is required for a text amendment. |
Zoning Map Amendment and Planned Developments | Written notice shall be sent to all applicant and all owners of property within, contiguous, and across the street from the boundary of all properties subject to the application. The notice shall be required a minimum of 10 days before the scheduled public hearing of MPC and 20 days before the scheduled public hearing of City Council Written notice shall not be required where the application involves more than 10 individual lots. | |
Conditional Uses, Variances, Appeals, and Alternative Equivalency Reviews | Published notice required a minimum of 10 days before the scheduled public hearing of BZA, MPC, or HRC, as applicable | Written notice to the applicant and "all parties of interest" that includes, but is not limited to, the applicant (or person making an appeal), and all adjacent property owners. The notice shall be required a minimum of 10 days prior to the scheduled public hearing of BZA, MPC, or HRC as applicable. |
(5) Published Notice.
A. Published notice shall be provided in accordance with City ordinances and State law. The City may also provide additional published notice by posting of the notice in City buildings or by electronic media.
B. The content and form of the published notice shall be consistent with the requirements of this section and State law.
(6) Written Notice.
A. Written notice shall be provided by first class mail, unless otherwise stated.
B. 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.
C. Written notice shall be postmarked no later than the amount of days specified in Table 1103-2 prior to the hearing date at which the item will be considered.
D. Where written notice is required, it shall be mailed to the address of such owners appearing on the County Auditor's current list or the County Treasurer's mailing list.
(7) Constructive Notice.
A. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. 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.
B. 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.
(k) Conduct of Public Hearing.
(1) Rights of All Persons at Public Hearings. 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 their address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
(2) Continuance of a Public Hearing or Deferral of Application Review.
A. An applicant may request that a review board's consideration of an application at a public hearing be deferred by submitting a written or verbal request for deferral to the ZEO prior to the publication of notice, as may be required by this code. The ZEO may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.
B. A request for deferral of consideration of an application received by the ZEO after publication of notice of a 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 applicable review board.
C. The review board 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, provided the date, time, and place is publicly announced at the time of continuance. No additional written or published notice shall be required.
(l) Withdrawal of Application.
(1) Any request for withdrawal of an application shall be either submitted in writing to the ZEO or made through a written request by the applicant prior to action by the City Council or applicable review board.
(2) After request for withdrawal has been received, the ZEO will then withdrawal the application from any agenda and no further action will be taken. Any future request for action will require a new application and fee in accordance with this code.
(m) Examination and Copying of Application and Other Documents. Documents and/or records related to applications may be inspected and/or copied as provided for by State law.
(n) Effect of any Approvals.
(1) The issuance of any approval or permit under this code shall authorize only the particular development, alteration, construction, or use approved in the subject application.
(2) All approvals shall run with the land or use and shall not be affected by change in ownership provided there is no change in use and all conditions of approval continue to be met.
(o) Modifications or Amendments of Approved Applications.
(1) For any review procedure, the ZEO is authorized to allow minor changes related to design of an approved application where the change is insignificant and has minimal impact to the overall design of the development or subdivision, does not increase density, or is necessary to address minor technical issues. This shall not give the ZEO the authority to vary the requirements of this code or any conditions of approval.
(2) Where the ZEO determines that the proposed modification, amendment, or change is not minor, as stated above, the applicant shall be required to resubmit an application and payment of additional fees for the application to be reviewed in accordance with the procedures and standards established for its original approval.
(3) Modifications to approved PD Development Plans shall be allowed in accordance with Section 1107.03(d).
(p) Reapplication after Denial of an Application. If an application is denied, the applicant may:
(1) Appeal the decision in accordance with the applicable appeals procedure established for the procedure in this code, or as granted by State Law; or
(2) 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 shall contain evidence that shows how the new application has substantially changed to address each of the findings of the original decision. The ZEO shall have the authority to determine if the evidence submitted substantially changes the application to address all issues as part of the complete application determination in 1103.02(d)(4). If it does not, the ZEO shall return the application, with reasons for their determination in writing, along with any submitted fees;
(3) Submit the same application after a twelve (12)-month waiting period; or
(4) Submit a new application if the proposed use and design of the site will be entirely different than the denied application.
(q) Subsequent Development.
(1) 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's Codified Ordinances.
(2) The granting of any approval or permit shall not guarantee the approval of any other required permit or application.
(3) The City shall not be responsible for reviewing the application for compliance with any permits, certificates, or other approvals that may be required by Knox County, the State, or other agencies having jurisdiction.
(r) Records. The City shall maintain permanent and current records of all applications and the decisions related to those applications in City Hall or in a digital format, available to the public, as allowed by State law.
(s) Computation of Time.
(1) In computing any period of time prescribed or allowed by this code, the date of the application, act, decision, or event, from which the designated period of time begins shall not be included. The last date of the period of time to be computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday observed by the City of Mount Vernon where the City administrative offices are closed for the entire day, in which case the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
(2) When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).
(3) When the City offices are closed to the public for the entire day which constitutes the last day of the period of time, then such application, act, decision, or event may be performed on the next succeeding day which is not a Saturday, a Sunday, or a legal holiday observed by the City of Mount Vernon in which the City administrative offices are closed for the entire day.
(4) If a timeframe does not specify business or calendar days, such timeframe shall be interpreted to be calendar days.
(Ord. 2024-032. Passed 7-22-24.)
1103.03 CODE TEXT AND MAP AMENDMENTS.
(a) Purpose. The purpose of the code text and zoning map amendment procedure is to provide a process for amending the zoning map and/or text of this code.
(b) Applicability. This section shall apply to requests to amend the text of this code or amend the Zoning District Map of the City of Mount Vernon, Ohio.
(c) Initiation.
(1) For a zoning map amendment of a specific property, any person who has authority to file an application (See Section 1103.02(b).) for such property may initiate an amendment by filing an application with the ZEO. Where the application involves multiple properties, at least one person having authority to file an application for each property shall be required to sign the application.
(2) Only City Council or the MPC may initiate code text amendments, however, any member of the public may request that the MPC or City Council consider a text amendment during their respective public meetings.
(3) City Council may initiate a code text or map amendment by adopting a resolution that refers the amendment to the MPC.
(4) The MPC may initiate a code text or map amendment by adopting a motion to make such amendment.
(d) Code Text or Map Amendment Review Procedure. The review procedure for a code text or map amendment shall be as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request to have a pre-application meeting with the ZEO and/or MPC to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.02(f).
(2) Step 2 - Application.
A. For amendments that are not initiated by the MPC or City Council, the applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section.
B. Amendments initiated by City Council shall be referred to the MPC for initiation of review.
C. Once the application is determined to be complete, the ZEO shall fix a date for a public hearing before the MPC (Step 4).
(3) Step 3 - Administrative Staff Review.
A. Upon determination that a text or zoning map amendment application is complete, the ZEO shall forward the application to the MPC and may distribute the application to other departments or agencies for review and comment.
B. The ZEO may consolidate any comments from the public received in advance of the hearing and comments from the any City departments or other agencies into a report for the MPC to review as part of Step 4.
(4) Step 4 - MPC Review and Recommendation.
A. The MPC shall review the amendment application at a public hearing at the next regularly scheduled MPC meeting or at a special meeting.
C. In addition to the general notification above, the ZEO shall give notice by registered or certified mail to the State Director of Transportation of the initiation of any proposed amendment that:
i. Affects any land within 300 feet of a proposed new highway; or
ii. Affects any land within 300 feet of any proposed changes to a highway as described in certification to local officials by the State Director of Transportation; or
iii. Affects any land within 500 feet from a proposed intersection of such a new highway and any existing public road or highway.
iv. If the Director of Transportation's response is negative, the MPC will stay their proceedings until the reason for the negative response is resolved.
D. In reviewing the application, MPC shall, at a minimum, consider the review criteria of this section.
E. The MPC shall make a recommendation to City Council regarding the application. In making its recommendation, the MPC may recommend approval, approval with some modification, or denial of the application.
F. If the MPC fails to make a recommendation within 30 days following the close of the public hearing, or an extended timeframe approved by the applicant, the application will move forward to Step 5 without a specific recommendation.
(5) Step 5 - City Council Review and Decision.
A. Following receipt of the recommendation from the MPC (Step 4), the application shall be placed on City Council's agenda for the next regularly scheduled meeting, if in compliance with notification requirements, or City Council shall set a time for a public hearing on the proposed amendment that is no more than sixty (60) days from receipt of the MPC's recommendation, or an extended timeframe approved by the applicant.
C. City Council shall review a text or zoning map amendment application during the public hearing. In reviewing the application, City Council shall, at a minimum, consider the recommendation from MPC, if made, and the review criteria of this section.
D. Within ninety (90) days of the close of the public hearing, City Council shall adopt, adopt with some modification, or deny the recommendation of the MPC.
i. If City Council moves to adopt the recommendation of MPC, such action shall only require concurring vote of four (4) members of City Council.
ii. If City Council moves to adopt the recommendation of MPC with some modification, or deny the recommendation, such action shall require a favorable vote of six (6) members of City Council.
E. No such ordinance shall be passed unless it has been fully and distinctly read on three (3) different days except that such ordinance may become emergency legislation if six (6) members of City Council vote to dispense with this rule.
(e) Review Criteria. The review of code text or map amendment applications by MPC and City Council shall be based on consideration of the following review criteria. Not all criteria may be applicable in each case, and each case shall be determined on its own facts.
(1) The proposed amendment is compatible with the use of adjacent land, adjacent zoning, and with land use plans for the general area;
(2) The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions;
(3) The proposed amendment will promote the public health, safety, convenience, comfort, prosperity and general welfare;
(4) The proposed amendment, if amending the zoning map, is consistent with the stated purposes of the proposed zoning district;
(5) The proposed amendment, if amending the zoning map, follows lot lines or the centerlines of streets, railroads, or other rights-of-way, to the maximum extent feasible.
(6) The proposed amendment is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated;
(7) The proposed amendment will not constitute a significant impact on public facilities, general expansion plans of the City, and the City's schedule for improvement of capital facilities;
(8) The proposed amendment will not constitute spot zoning where special treatment is given to a particular property or property owner that would not be applicable to a similar property, under the same circumstances; and/or
(9) The proposed amendment is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract including, but not limited to, traffic flow and pedestrian safety.
(f) Effective Date And Referendum.
(1) Any text or zoning map amendment adopted by City Council shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the passage of the ordinance there is presented to the City Clerk a petition, signed by a number of qualified voters residing in the city equal to not less than ten percent (10%) of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting the City Council to submit the zoning amendment to the electors of the City for approval or rejection at the next general election.
(2) No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment has been approved by the voters, it shall take effect immediately.
(Ord. 2024-032. Passed 7-22-24.)
1103.04 ALTERNATIVE EQUIVALENCY REVIEW.
(a) Purpose. The alternative equivalency review is a procedure that allows applicants to propose a unique design option as an alternative to a development standard established in this code, provided it meets or exceeds the intent of the design-related provisions of this code. It is not a variance, waiver, or weakening of regulations. Rather, this procedure permits a site-specific plan that is equal to or better than the strict application of a design standard specified in this code. An alternative equivalency review approval shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of other requests.
(b) Applicability. The alternative equivalency review procedure shall be available only for the following sections of this code:
(6) Any design standards or guidelines that apply to a historic district.
(c) Review Timing and Review Board.
(1) An alternative equivalency review that is related to a COA application shall be reviewed by the HRC and made concurrently with a COA application with notice for the public hearing as set forth in this section.
(2) An alternative equivalency review that is not related to a COA application shall be reviewed by the MPC in accordance with the procedure below.
(d) Alternative Equivalency Review Procedure. The review procedure for any alternative equivalency review application shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section.
(2) Step 2 - Administrative Staff Review and Transmission to the MPC or HRC.
A. Upon determination that an alternative equivalency review application is complete, the ZEO shall forward the application to the MPC or HRC, as applicable, and may distribute the application to other departments or agencies for review and comment.
B. The ZEO may consolidate any comments from the public received in advance of the meeting and comments from any City departments or other agencies into a report for the MPC or HRC, as applicable to review as part of Step 4.
(3) Step 3 - MPC or HRC Review and Decision.
A. Within thirty (30) days after the application is determined to be complete, or an extended timeframe approved by the applicant, the MPC or HRC, as applicable, shall review the application at a public hearing.
C. In reviewing the application, the MPC or HRC, as applicable shall, at a minimum, consider the reports and opinions transmitted by the ZEO and the review criteria of this section.
D. The MPC or HRC, as applicable, shall make a decision on the application. In making its decision, the MPC or HRC, as applicable, may approve, approve with modifications or supplementary conditions, or deny the application.
E. If the MPC or HRC, as applicable, fails to act within thirty (30) days after close of the public hearing, or an extended period as may be agreed upon by the applicable board, and applicant, then the application shall be considered denied.
F. If approved, any zoning permit, COA, or other related applications shall demonstrate compliance with the alternative equivalency review approval.
(e) Review Criteria. Decisions on an alternative equivalency review application shall be based on consideration of the following criteria:
(1) That the proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard;
(2) That the proposed alternative achieves the goals and policies of any adopted plans to the same or better degree than the subject standard;
(3) That the proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and
(4) That the proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this code.
(f) Conditions. The MPC or HRC, as applicable, may impose conditions on an approval for an alternative equivalency review, provided such conditions are related to ensuring the performance of the alternative equivalency review to meet or exceed the subject standard. Such conditions may include required timeframes, amendments or revisions to the proposal, or the ability to revoke an approval for an alternative equivalency review.
(g) Decisions. Any decision on an alternative equivalency review application shall not be binding on the City related to future applications requesting an alternative to any of the applicable standards. Each case shall be reviewed and decided upon based on the individual circumstances.
(h) Time Limit.
(1) An approval of an alternative equivalency review application shall expire if the zoning permit or COA approval, as applicable, expires.
(2) Upon expiration of an alternative equivalency review approval, a new application, including all applicable fees, shall be required before a new application will be reviewed.
(i) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the MPC or HRC, as applicable, shall have the right to appeal the decision to the court of common pleas of the applicable county, as provided in ORC Chapters 2505 and 2506.
(Ord. 2024-032. Passed 7-22-24.)
1103.05 CERTIFICATE OF APPROPRIATENESS (COA).
(a) Purpose. The purpose of the COA is to provide a procedure by which to review construction, renovation, expansion, and demolition projects within a locally designated historic district or for locally designated historic properties. In an effort to preserve the character of these properties and districts, the City has established reasonable development standards and design guidelines for buildings and structures, and this procedure allows for a comprehensive review of the activities against the adopted standards and guidelines.
(b) Applicability.
(1) No person shall make any exterior construction, reconstruction, alteration, or demolition of a structure on any property within a Historic Overlay District unless a COA has been approved by the HRC or ZEO, as applicable, and a zoning permit and building permit, if required, has also been issued.
(2) All applications for a COA that include any of the following work shall be subject to review by the HRC in accordance with Section 1103.05(d):
A. Construction, expansion, or demolition (partial or complete) of all new or existing buildings;
B. Any application that includes a related alternative equivalency review application (See Section 1103.04.); or
C. Any substantial change in building materials, building elements (e.g., doors, windows, architectural ornamentation, etc.) as may be determined by the ZEO.
(3) All other applications for a COA shall be reviewed by the ZEO in accordance with Section 1103.05(c).
(4) The ZEO shall have the authority to forward a COA application to the HRC for review pursuant to Section 1103.05(d) if the ZEO finds:
A. That the proposed use or development could potentially create significant impacts on adjacent property based on the intensity or proximity of the proposed use, construction, alteration, or other modification; or
B. There is difficulty in interpretating the application of a standard or guideline as it pertains to the subject application.
(5) Projects and activities that are exempt from the COA review procedure include:
A. The reconstruction, alteration or demolition of a structure or feature which has been ordered by the Building Official upon certification of an unsafe condition constituting an emergency;
B. Painting or general maintenance of a structure that does not alter exterior architectural features;
C. Site improvements, such as the establishment of a parking lot, landscaping, or other site work, or any changes to components of a property not specifically identified by the code;
D. Changes in occupancy not involving structural or exterior work; and
E. Any interior renovations which will not alter and/or affect the exterior elevations or facade of the building or structure or any architectural features that are visible from the outside.
(c) COA Review Procedure by the ZEO.
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section. If the work requires a zoning permit to complete, the COA application shall be filed jointly with the zoning permit application.
(2) Step 2 - ZEO Review and Decision on a COA.
A. The ZEO may distribute the application to other staff members and other City departments to solicit comment on the COA application.
B. Within thirty (30) days after the application is determined to be complete, or an extended timeframe approved by the applicant, the ZEO shall make a decision on the COA application. In making its decision, the ZEO may approve or deny the application. The ZEO shall also have the authority to forward the application to the HRC for review pursuant to Section 1103.05(d).
C. Prior to making a decision, the ZEO shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance.
D. If the ZEO fails to act within thirty (30) days from the date the application is determined to be complete, or an extended period as may be agreed upon by the ZEO and applicant, then the application shall be considered denied.
E. Where revisions are necessary for approval, the application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the ZEO.
F. When the ZEO denies an application, the ZEO shall inform the applicant of the reason for the denial, including the regulation(s) or guidelines which would be violated by the proposed use or development.
(d) COA Review Procedure by the HRC. The review procedure for a COA shall be as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request to have a pre-application meeting with the ZEO or the HRC to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.02(f). If the work requires a zoning permit to complete, the COA application shall be filed jointly with the zoning permit application.
(2) Step 2 - Application.
A. The applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section.
B. In making application, the ZEO or the HRC may request that the applicant provide exhibits, sketches, examples of materials, renderings, or other documentation to assist in their decision.
(3) Step 3 - Administrative Staff Review.
A. Upon determination that a COA application is complete, the ZEO shall forward the application to the HRC and may distribute the application to other departments or agencies for review and comment.
B. The ZEO may consolidate any comments from the public received in advance of the meeting and comments from any City departments or other agencies into a report for the HRC to review as part of Step 4.
(4) Step 4 - Historical Review Commission Review and Decision.
A. The HRC shall review the COA application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
B. The HRC shall, at a minimum, consider the review criteria of this section.
D. Within thirty (30) days after the COA application is determined to be complete, or an extended timeframe approved by the applicant, the HRC shall hold a public meeting to review the application and make a decision on the application. In making its decision, the HRC may approve, approve with modifications, or deny the application. The HRC shall make every effort to work with the applicant within this time period to develop a proposal that the HRC can approve or approve with modifications.
E. The time period shall be extended to sixty (60) days from a public hearing, if the HRC is required to hold a hearing to undertake an alternative equivalency review (See Section 1103.04.).
F. If a COA is denied, the City shall not issue any permits that would allow modifications for which the COA was denied. In cases where the HRC has denied a COA, the HRC shall state the reasons for such disapproval in writing and transmit the written statement to the applicant together with any recommendation the HRC may have made for appropriate changes.
G. If the HRC fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
(e) Determining the Significance of a Structure.
(1) When making decisions or recommendations about changes to structures in the applicable Historic Overlay Districts, the HRC shall have the authority to make a determination of the historical or architectural significance of the structure based on this section.
(2) For structures that the HRC finds are not historically or architecturally significant, the HRC may relax or waive the standards or guidelines that apply to the project.
(3) If the HRC finds that the structure is historically or architecturally significant, the standards and guidelines of this code shall be fully applied as determined by the HRC.
(4) The HRC shall determine whether a structure or site is significant based on the structure's:
A. Value as a reminder of the cultural, historical, or archaeological heritage of the City, State, or nation;
B. Location as a site of a significant local, State, or national event;
C. Identification with a person or persons who significantly contributed to the development of the City, State, or nation;
D. Identification as the work of a master builder, designer, or architect whose individual work has influenced the City, State, or nation;
E. Value as a building that is recognized for the quality of its architecture and that it retains sufficient elements showing such architectural significance;
F. Example of an architectural style or period; and/or
G. Character as a contributing element in a locally or nationally designated historic district.
(f) Review Criteria. Decisions on a COA application shall be based on consideration of the following criteria:
(1) The proposed development is in compliance with all the requirements of this code and other related codes and ordinances enforced by the City;
(2) The proposed development incorporates any applicable standards or guidelines (See Section 1106.02(c).), to the maximum extent feasible;
(3) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., conditional use approvals, variance approvals, etc.); and
(4) There is no feasible and prudent alternative alteration or change which would conform to the guidelines, and adhering to the guidelines would deny the owner a reasonable rate of return on the real property or amount to a taking of property without just compensation.
(g) Time Limit.
(1) The applicant shall be required to begin construction or the work authorized by the COA within one year of the date that the COA was approved or the approval shall expire. The date of approval shall be the date the ZEO issues the COA.
(2) Upon expiration of a COA, a new application, including all applicable fees, shall be required before a new application will be reviewed.
(3) Upon written request, one extension of six months may be granted by the ZEO if the applicant can show good cause for a delay.
(4) The HRC may authorize alternative time limits for zoning permit issuance based on the scale of the proposed development.
(h) Appeals.
(1) Any person or entity claiming to be injured or aggrieved by any final action of the ZEO shall have the right to appeal the decision to the HRC where the HRC will review the application as established in Section 1103.05(d).
(2) If the applicant and HRC do not come to any conclusion on an alternative plan, then any person or entity claiming to be injured or aggrieved by any final action of the HRC shall have the right to appeal the decision to the BZA as established in Section 1103.07.
(Ord. 2024-032. Passed 7-22-24.)
1103.06 CONDITIONAL USE.
(a) Purpose. The purpose of a conditional use procedure is to allow consideration for certain uses that, due to their unique and special nature relative to location, design, size, operations, circulation, and general impact on the community, need to be evaluated on a case-by-case basis.
(b) Conditional Use Review Procedure. The review procedure for a conditional use shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section.
(2) Step 2 - Administrative Staff Review.
A. Upon determination that a conditional use application is complete, the ZEO shall forward the application to the MPC and may distribute the application to other departments or agencies for review and comment.
B. The ZEO may consolidate any comments from the public received in advance of the hearing and comments from any City departments or other agencies into a report for the MPC to review as part of Step 3.
(3) Step 3 - MPC Review and Decision.
A. The MPC shall hold a public hearing within thirty (30) days of the determination that the conditional use application is complete, provided adequate notification is provided pursuant to Section 1103.02(j).
B. In reviewing the application, the MPC shall, at a minimum, consider the review criteria of this section.
C. The MPC may request that the applicant supply additional information that the MPC deems necessary to review and evaluate the application.
D. Within thirty (30) days of the close of the public hearing, or an extended timeframe approved by the applicant, the MPC shall render a decision. In making its decision, the MPC may approve, approve with modifications or supplementary conditions, or deny the application.
E. The ZEO shall notify the applicant of the decision of the MPC.
F. If the MPC fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
G. The decision of the MPC shall become effective immediately.
H. In approving a conditional use, the MPC may impose conditions on the approval to ensure compliance with the standards of this section and the purpose of this code. Any conditions established by the MPC shall relate directly to the requested conditional use.
I. Any violation of the conditions of approval shall be a violation of this code, subject to the enforcement and penalties of Chapter 1116: Enforcement and Penalties.
(c) Review Criteria. Decisions on a conditional use application shall be based on consideration of the following review criteria. All conditional use applications shall be subject to review under the criteria of this section, as applicable, and may also be subject to additional use-specific standards, as established in this code.
(1) The proposed conditional use is established as an allowed conditional use in the applicable zoning district;
(2) The proposed use is consistent with the spirit, purposes and intent of adopted plans, the general purposes of this code, and the purposes of the zoning district in which the conditional use will be located;
(3) The proposed use complies with any use-specific standards as may be established for the use as may be established in this code;
(4) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, convenience, comfort, prosperity or general welfare;
(5) The proposed use will comply with all applicable development standards unless an alternative equivalency review or variance is approved in accordance with this code;
(6) The proposed use will be harmonious with the existing or intended character of the general vicinity, and such use will not change the essential character of the same area;
(7) The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood;
(8) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;
(9) Adequate public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use will be or are being provided;
(10) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets, and adequate consideration has been given to the proximity of access drives to street intersections relative to the anticipated volume of traffic;
(11) The design of the buildings, structures, and site will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance;
(12) The use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance;
(13) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible; and
(14) Wherever there are no use-specific standards for the proposed use related to street frontage, height, setbacks, or other lot and site regulations, then such use shall be subject to the lot and site regulations for the applicable zoning district.
(d) Time Limit.
(1) A conditional use approval shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than six (6) months.
(2) The applicant shall submit a completed application for a zoning permit and start work within one year of the date a conditional use was approved or the approval shall expire.
(3) Upon expiration of a conditional use, a new application, including all applicable fees, shall be required before a conditional use application will be reviewed.
(4) Upon written request, one extension of six months may be granted by the ZEO if the applicant can show good cause for a delay.
(5) As part of the conditional use approval, the MPC may authorize alternative time limits for zoning permit issuance based on the scale of the proposed development.
(e) Revocation of a Conditional Use Approval. The breach of any condition, safeguard, or requirement shall automatically invalidate the conditional use approval, and shall constitute a violation of this code. Such violation shall be punishable as specified in Chapter 1116 Enforcement and Penalties.
(f) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the MPC shall have the right to appeal the decision to the court of common pleas of the applicable county, as provided in ORC Chapters 2505 and 2506.
(Ord. 2024-032. Passed 7-22-24.)
1103.07 VARIANCES AND APPEALS.
(a) Purpose. The purpose of this section is to define the procedures that are reviewed by the BZA and provide appropriate review criteria for each procedure. The specific purpose statements for each procedure are as follows:
(1) Purpose of the Variance Procedure. The purpose of a variance is to provide limited relief from the requirements of this code in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this code. It is not intended that a variance be granted merely to remove inconveniences or financial burdens that the requirements of this code may impose on property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission.
(2) Purpose of the Appeals Procedure. The appeals process is the procedure to follow when a person claims to have been aggrieved or affected by an administrative decision made in the administration or enforcement of this code.
(b) Appeals Applicability, Initiation, and Forwarding of the Record.
(1) An appeal may be made regarding any administrative decision made in the administration and enforcement of this code including, but not limited to, administrative decisions by the ZEO.
(2) Appeals shall be initiated by the person aggrieved or affected by any order, decision, determination, or interpretation made by the authority having jurisdiction who is charged with the administration or enforcement of this code.
(3) An appeal may not be made to the BZA when the MPC is making a recommendation to City Council as part of a legislative action such as a code text or map amendment.
(4) Within twenty (20) days of an administrative order, decision, determination, or interpretation, the person appealing the decision or their authorized agent shall submit all required information to the ZEO in accordance with Section 1103.02.
(5) Upon receiving the written appeal of an administrative order, decision, determination or interpretation, the ZEO shall transmit the written appeal with all papers, documents, and other materials related to the appealed order, decision, determination or interpretation to the BZA. This material shall constitute the record of the appeal.
(c) Review Procedure. The review procedure for all variances and appeals shall be as follows:
(1) Step 1 - Application.
A. Any application or submission for an appeal shall be undertaken in accordance with Section 1103.07(b), above.
B. For variance applications, the applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section.
(2) Step 2 - Administrative Staff Review.
A. For appeals, there shall be no internal staff review required outside of forwarding the record to the BZA in accordance with Section 1103.07(b), above.
B. Upon determination that a variance application is complete, the ZEO shall forward the application to the BZA and may distribute the application to other departments or agencies for review and comment.
C. The ZEO may consolidate any comments from the public received in advance of the hearing and comments from any City departments or other agencies into a report for the BZA to review as part of Step 3.
(3) Step 3 - BZA Review and Decision.
A. The BZA shall hold a public hearing within thirty (30) days of the filing of an appeal or the date the ZEO determines the variance application is complete, provided adequate notification is provided pursuant to Section 1103.02(j).
B. In reviewing the application, the BZA shall, at a minimum, consider the review criteria of this section.
C. The BZA may request that the applicant supply additional information that the BZA deems necessary to review and evaluate the appeal or applications.
D. Within thirty (30) days of the close of the public hearing, or an extended timeframe approved by the applicant, the BZA shall render a decision. In making its decision, the BZA may approve, approve with modifications or supplementary conditions, or deny the application.
E. In making its decision, the BZA shall make specific findings of fact, based directly on the particular evidence presented. The findings of fact shall state that the reasons set forth in the application and as presented by the applicant during the public hearing justify either:
i. Approval of the application;
ii. Approval with modifications or supplementary conditions; or
iii. Denial of the variance application.
iv. In approving any variance, the BZA must find that such approval will make possible a reasonable use of the land, building, or structure.
F. The ZEO shall notify the applicant, in writing, of the decision of the BZA.
G. If the BZA fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
H. The decision of the BZA shall become effective immediately.
I. In approving a variance, the BZA may impose conditions on the approval to ensure compliance with the standards of this section and the purpose of this code. Any conditions established by the BZA shall relate directly to the requested variance.
J. Any violation of the conditions of approval shall be a violation of this code, subject to the enforcement and penalties of Chapter 1116: Enforcement and Penalties.
(d) Variance Review Criteria.
(1) Where an applicant is seeking an area or dimensional variance, the following factors shall be considered and weighed by the BZA to determine if a practical difficulty exists that would justify approval of the variance. However, no single factor listed below may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts. The application for a variance shall not be based exclusively upon a desire to increase the value or income potential of the parcel of land or any structures or uses thereupon. The BZA shall take into consideration:
A. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity, narrowness, shallowness or steepness of the lot, or proximity to nonconforming and inharmonious uses, structures or conditions;
B. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
C. Whether the variance is the minimum necessary to make possible the reasonable use of the land or structures;
D. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
E. Whether the variance would adversely affect the delivery of governmental services such as water or sewer;
F. Whether special conditions or circumstances exist as a result of actions of the applicant (actions of the applicant shall not include the purchase or acquisition of the property);
G. Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
H. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;
I. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district; and
J. Whether a literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this code.
(2) Use variances are not permitted. The use of a property outside of what is allowed within the applicable zoning district may be considered as part of the review of an adaptive reuse of an existing building in accordance with Section 1105.03.
(e) Appeals Review Criteria. An administrative order, decision, determination or interpretation shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the order, decision, determination, or interpretation fails to comply with either the procedural or substantive requirements of this code.
(f) Stay. A properly submitted appeal shall stay all administrative proceedings by the City in furtherance of the action appealed, unless the ZEO certifies to the BZA that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the BZA or by a court of competent jurisdiction, for good cause shown.
(g) Time Limit.
(1) The applicant shall submit a completed application for a zoning permit and start work within one (1) year of the date a variance was approved or the approval shall expire.
(2) Upon expiration of a variance approval, a new application, including all applicable fees, shall be required before a variance application will be reviewed.
(3) Upon written request, one extension of six months may be granted by the ZEO if the applicant can show good cause for a delay.
(4) As part of the variance approval, the BZA may authorize alternative time limits for zoning permit issuance based on the scale of the proposed development.
(h) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the BZA shall have the right to appeal the decision to the court of common pleas of the applicable county, as provided in ORC Chapters 2505 and 2506.
(Ord. 2024-032. Passed 7-22-24.)
1103.08 ZONING PERMIT.
(a) Purpose. A zoning permit shall be required in accordance with the provisions of this section in order to ensure that proposed development and uses comply with the standards of this code, and to otherwise protect the public health, safety, convenience, comfort, prosperity and general welfare of the citizens of the City of Mount Vernon.
(b) Terminology. For the purposes of this code, the zoning permit review shall be an administrative review that may be applied to permits or certificates of other names (e.g., sign permits, temporary use permits, fence permits, etc.) if so stated in this code or on the application for the permit or certificate. In such cases, the procedure of Section 1103.08(d), below, shall still apply, including the applicability of administrative waiver requests.
(c) Applicability.
(1) No building or other structure shall be erected, moved, structurally altered, or added to, in whole or in part, nor shall any building, structure, or land be used or changed in use without a zoning permit issued by the ZEO. A change in tenancy or ownership of a residential dwelling unit shall be exempt from the zoning permit requirement unless such change in tenancy changes the classification of the use.
(2) A zoning permit may be required for the establishment of certain temporary or accessory use as established in Chapter 1108: Accessory and Temporary Uses.
(3) A zoning permit shall be required for any changes to any site element, vehicular use area, landscaping, patio, or other improvements to land as may be established under the applicable sections of individual sections or chapters in this code.
(4) The establishment of a use of vacant land or building shall require the issuance of a zoning permit.
(5) A change in use or business establishment shall require a zoning permit.
(6) Changes in a building or structure's appearance that is regulated by this code shall require a zoning permit unless the change is a replacement of the same-for-same materials and colors, etc.
(7) Unless otherwise specifically exempted in Chapter 1113: Signs, signs shall require a zoning permit.
(8) Zoning permits shall be issued only in conformity with the provisions of this code unless the application is subject to an approval by the BZA, HRC, or MPC providing for additional standards, conditions, or modifications, in which case, the zoning permit shall be issued in conformity with the provisions of those approvals, as applicable.
(9) Failure to obtain a zoning permit shall be a violation of this code subject to the provisions of Chapter 1116: Enforcement and Penalties.
(d) Zoning Permit Approval Review Procedure. The review procedure for a zoning permit shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section.
(2) Step 2 - ZEO Review and Decision on a Zoning Permit.
A. The ZEO may distribute the application to other staff members and other City departments to solicit comment on the zoning permit application.
B. Within thirty (30) days after the application is determined to be complete, or an extended timeframe approved by the applicant, the ZEO shall make a decision on the zoning permit application. In making its decision, the ZEO may approve or deny the application. The ZEO may also approve with modifications or supplementary conditions necessary to ensure the proposed activity will be in full compliance with this code.
C. Prior to making a decision, the ZEO shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance.
D. If the ZEO fails to act within thirty (30) days from the date the application is determined to be complete, or an extended period as may be agreed upon by the ZEO and applicant, then the application shall be considered denied.
E. Where revisions are necessary for approval, the application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the ZEO.
F. When the ZEO denies an application, the ZEO shall inform the applicant of the reason for the denial, including the regulation(s) which would be violated by the proposed use or development.
G. Public Improvements Required. If the installation of public improvements is required, the following requirements shall apply regardless if the development is part of a subdivision application or not:
i. A zoning permit shall not be issued until an agreement is provided to the City to construct the required improvements.
ii. The applicant shall be required to provide a financial guarantee (See Section 1114.06.) in the amount of the estimated cost of the required public improvements as determined by the City Engineer.
iii. The agreement and the financial guarantee shall provide for completion of all work within a time specified to be determined by the City Engineer or before occupancy is allowed in any structure, whichever shall occur first.
iv. The approval of the installation of public improvements as required by this code shall not obligate the City to accept improvements for maintenance, repair or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
v. Upon issuance of a zoning permit, the applicant may proceed with the approved work.
(e) Review Criteria for a Zoning Permit. In order to approve any zoning permit, the ZEO shall determine the following:
(1) The application complies with all applicable provisions of this code and the applicable zoning district; and
(2) The application complies with all approved plans, conditions, or other development approvals issued pursuant to the rules of this code (e.g., variances, administrative waivers, conditional use approvals, alternative equivalency reviews, COAs, etc.).
(f) Administrative Waiver Requests.
(1) Applicability.
A. The ZEO may grant administrative waivers for any area or dimensional regulation that does not exceed twenty percent (20%) of the applicable minimum or maximum regulation. Area and dimensional regulations include, but are not limited to, minimum front, side, and rear yard setbacks; maximum height of structures; maximum sign height; maximum sign area, etc.
B. An administrative waiver for a minimum lot area or lot width requirement is prohibited and shall be subject to a variance review by the BZA in accordance with Section 1103.07.
C. The applicant shall be required to apply for a variance for any waiver request that exceeds twenty percent (20%) or other variations from the code that do not qualify for administrative waivers.
D. The ZEO shall have the authority to forward any administrative waiver request to the BZA for review as a variance, as established in Section 1103.07.
(2) Administrative Waiver Review Procedure and Decision.
A. Administrative waivers shall be reviewed as part of the zoning permit review procedure.
B. In making a decision on the administrative waiver, the ZEO shall approve or deny the application.
C. In approving an administrative waiver, the ZEO may impose conditions on the approval, the proposed use, and the premises to be developed or used pursuant to such approval as they determine are required to be ensure compliance with the standards of this section and the purposes of this code. Any conditions established by the ZEO shall relate directly to the requested administrative waiver.
(3) Review Criteria for Administrative Waivers. Decisions on an administrative waiver shall be based on consideration of the same review criteria as a variance in Section 1103.07(d).
(g) Time Limits.
(1) The applicant shall obtain an approved zoning permit, where required, and have initiated work within one (1) year of the issuance of a zoning permit or the approval shall be revoked. The initiation of work shall be when the ground has been broken, construction on site improvements has begun, or construction of structures has begun.
(2) Time limits for permitted temporary uses and structures shall be as authorized in Chapter 1108: Accessory and Temporary Uses. An approval of a zoning permit for a temporary use shall include the approved start and end dates for the proposed temporary use.
(3) If construction activities for which a zoning permit has been issued are abandoned or suspended for a period of six (6) months after the time of commencing the work, the zoning permit shall be revoked. Abandonment shall be defined as the lack of building activity or progress towards achieving the scope of work defined in the zoning permit.
(4) Upon written request, up to two extensions of six months may be granted by the ZEO if the applicant can show good cause for a delay.
(5) The ZEO shall notify the applicant of the revocation of a zoning permit including notice that further work as described in the canceled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.
(6) Upon revocation of a zoning permit, a new application, including all applicable fees, shall be required before a new zoning permit application will be reviewed.
(7) The above time limits shall not apply if alternative time limits that have been approved by the ZEO, MPC, or BZA, in accordance with the applicable review procedure.
(h) Revoking a Zoning Permit. A zoning permit approval shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the BZA in accordance with Section 1103.07, of this code.
(i) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the ZEO shall have the right to appeal the decision to the BZA as established in Section 1103.07. (Ord. 2024-032. Passed 7-22-24.)
1103.09 MINOR SUBDIVISIONS.
(a) Purpose. The purposes of the minor subdivision process are to allow for small subdivisions of land, consolidation of lots, or transfers of a portion of a lot to an adjacent lot where there will not be the creation of a new street, dedication of right-of-way, or a need for any public improvements. Such purposes are also intended to be in alignment with the platting allowances established in ORC Chapter 711.
‘
(b) Applicability.
(1) For the purposes of these regulations, a minor subdivision is a lot split, lot consolidation, or transfer of land between adjacent property owners that complies with all of the following requirements:
A. The subdivision shall not result in or create more than five (5) lots, including the remainder of the original lot (e.g., four (4) new lots and the remainder of the original lot);
B. The subdivision shall be in compliance with all applicable site development standards in this code or with any variance approved from such standards;
C. All lots resulting from the minor subdivision shall have frontage and access on an existing street and shall not require the construction, expansion, or improvement of any street;
D. The subdivision shall not require any public improvements or the dedication of rights-of-way;
E. The property has been surveyed and a survey sheet or record plan, in the form provided for in this code, and a full legal description of the changes resulting from the split, are submitted with the application; and
F. No landlocking of parcels shall occur as a result of the minor subdivision.
(2) A minor subdivision also includes the recombination of land, consolidation of lots, transfer of property from one lot to an adjacent lot, and the dedication of additional land for the widening of existing streets, where no new lots are created.
(c) Minor Subdivision Review Procedure. The review procedure for a minor subdivision shall be as follows:
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section.
B. The application shall include a deed or other instrument of conveyance containing an accurate and current legal description and a boundary survey map of each proposed new lot.
C. If the minor subdivision involves the transfer of land area from one lot to an adjacent lot, both property owners shall be required to authorize the application and instruments of conveyance shall be submitted for both resulting lots.
(2) Step 2 - Review and Comment by Applicable Agencies.
A. Upon determination that the application for a minor subdivision is complete, the ZEO may transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. Such agencies may supply comments, recommendations, and approvals as applicable, to the ZEO for consideration prior to the ZEO's decision (Step 3).
(3) Step 3 - Review and Decision by the ZEO.
A. Within fourteen (14) days of the determination that the application (Step 1) is complete, or within an extended timeframe approved by the applicant, the ZEO shall review the application and approve, approve with modifications that will bring the application into compliance with codes, or deny the application for a minor subdivision based on the review criteria established below.
B. In reviewing the minor subdivision, the ZEO, on recommendation of the City Engineer, may require the addition of easements and/or setbacks as part of a minor subdivision.
C. If the application is approved with modifications, the applicant shall be required to revise all documents prior to final signing and recording.
D. If the ZEO denies an application for a minor subdivision, the ZEO shall provide the applicant with written findings for the denial.
(4) Step 4 - Recording.
A. If the application is approved, the ZEO shall sign and date all required deeds in the minor subdivision, or other forms of conveyance allowed by the Knox County Auditor.
B. The applicant shall then be responsible for submitting the signed conveyance to the Knox County Auditor, for the transfer of property and to the Knox County Recorder, for the recording of the lots as legal lots of record and providing a copy of said conveyance to the ZEO, after recording.
C. In the case of a transfer of land between two adjacent lots, the recording of the revised lots shall take place simultaneously.
(d) Review Criteria. In order for a minor subdivision to be approved, the ZEO must determine the following:
(1) That the minor subdivision complies with all applicable provisions of this code including, but not limited to, the lot and principal building regulations of Section 1105.05;
(2) That the minor subdivision complies with all other applicable regulations of the City; and
(3) That all valid objections to the minor subdivision raised by the City departments have been or will be satisfactorily resolved by the applicant.
(e) Variances. If the proposed subdivision requires a deviation from the minimum lot or principal building regulations (e.g., lot area, lot width, etc.) or other standards mandated by this code in Section 1105.05, the applicant will be required to apply for and receive variance approvals (See Section 1103.07.) prior to approval of the minor subdivision unless the applicant demonstrates that the sale of any new lot that is smaller than the minimum lot area requirement shall be permanently connected with the sale of an adjacent lot that, together, will meet the minimum lot area requirement of the applicable zoning district. Such restriction shall be recorded with the subject lots in a form, as approved by the Law Director, with the Knox County Recorder.
(f) Time Limit. The minor subdivision approval shall expire six months after the ZEO signs and dates the minor subdivision conveyance unless the minor subdivision is recorded in the office of the Knox County Recorder, during said period.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action with respect to the proposed minor subdivision shall have the right to appeal the decision to the BZA as established in Section 1103.07.
(Ord. 2024-032. Passed 7-22-24.)
1103.10 MAJOR SUBDIVISIONS.
(a) Purpose. The purpose of the major subdivision process is to provide a method of review for any subdivision that exceeds the scope of a minor subdivision.
(b) Applicability. Any subdivision of land or replat of an existing subdivision that does not meet the applicability requirements of a minor subdivision in Section 1103.09(b), shall be subject to the requirements of this section.
(c) Major Subdivision Review Procedure.
(1) Step 1 - Pre-Application Meeting (Required). An applicant may request to have a pre-application meeting with the MPC to informally discuss the application and any concept plans. Furthermore, the purpose of the meeting will be for the MPC to ascertain the locations of proposed major streets, parks, playgrounds, school sites and other planned projects which may affect the property being considered for subdivision. Such meeting shall be subject to Section 1103.02(f).
(2) Step 2 - Application and Filling of the Preliminary Plat.
A. The applicant shall submit an application, including a preliminary plat, in accordance with Section 1103.02 and with the provisions of this section.
B. The preliminary plat shall be prepared, signed, and sealed by an engineer or surveyor who is qualified and registered in the State of Ohio.
(3) Step 3 - Administrative Staff Review and Transmission to the MPC.
A. Upon determination that the application for a preliminary plat is complete, the ZEO shall forward the application to the MPC and may transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer, Health Commissioner, and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. The ZEO may consolidate any comments from the public received in advance of the meeting and comments from the other City departments or other departments and agencies into a report for the MPC to review as part of Step 4.
(4) Step 4 - Review and Decision on the Preliminary Plat by the MPC.
A. The MPC shall review the preliminary plat application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
B. In making its decision, the MPC shall approve, approve with conditions, or deny the preliminary plat. The MPC may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant.
C. The MPC shall make a decision within ninety (90) days of the preliminary plat application being determined to be complete (Step 2) unless the MPC and subdivider agree to an extension of this time frame. If the MPC fails to act within the ninety (90) days or there is no agreement for an extension of time, the application for a preliminary plat will be considered approved.
D. If the MPC denies the preliminary plat, the applicant shall not move forward in the review process until a preliminary plat is approved by the MPC.
E. In the event the MPC denies the preliminary plat or approves with conditions, the ZEO, on behalf of the MPC shall provide the subdivider with a statement, in writing, setting forth the reasons for the denial or the conditions of approval.
F. If the applicant proposed to construct the subdivision in phases, the MPC may approve a timeframe for filing of improvement plans and final plats for each phase.
G. Approval of the preliminary plat by the MPC does not constitute approval of the subdivision, but is merely an authorization to proceed with the preparation of the final plat and improvement plans.
(5) Step 5 - Submission of Improvement Plans and the Final Plat.
A. The applicant shall submit a final plat and related improvement plans and specifications in accordance with Section 1103.02. Such application shall take place within two years following the MPC's approval of the preliminary plat unless the MPC approved an alternative schedule, in which case the applicant shall submit in accordance with the approved schedule. Failure to submit the final plat improvement plans within this time frame shall void the preliminary plat approval and the subdivider will be required to submit a new application in accordance with these regulations.
B. If a preliminary plat has been previously approved, the final plat shall have incorporated all changes from the preliminary plat approval.
C. In cases where the applicant proposes to develop the subdivision in phases, the final plat and improvement plans shall be submitted for each individual phase.
D. If the applicant proposes to provide a financial guarantee for the public improvements in lieu of installing all public improvements prior to approval of the final plat, the applicant shall be required to provide all information required as part of Section 1114.06.
E. Upon determination by the ZEO that the final plat has been properly submitted, the final plat shall be accepted as being filed.
F. The final plat shall be prepared, signed, and sealed by an engineer or surveyor who is qualified and registered in the State of Ohio.
(6) Step 6 - Administrative Staff Review of the Final Plat and Improvement Plans.
A. Upon determination that the submission of the final plat and improvement plans is complete, the ZEO may transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer, Health Commissioner, and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. Such agencies shall supply comments and recommendations to the ZEO prior to the regularly scheduled MPC meeting where the final plat and improvement plans will be subject to review.
C. Construction of Improvements
i. Applicants shall have the choice to construct all public improvements prior to the approval of the final plat, without a financial guarantee, but such public improvements must be completed and then inspected and approved by the City Engineer before the City can approve the final plat. The improvements shall be constructed within a reasonable time as determined by the City Engineer.
ii. All required subdivision improvements shall be maintained in a satisfactory condition by the subdivider during any interim period between their construction and final approval and acceptance of the subdivision by the City.
iii. If the applicant requests approval of a final plat prior to installation of the public improvements, the applicant shall be required to provide a financial guarantee in accordance with the regulations of this code at the time the final plat is submitted for review.
(7) Step 7 - Review and Decision on the Final Plat and Improvement Plans by the MPC.
A. The MPC shall review the final plat and improvement plans at its next regularly scheduled meeting, or at a special meeting, after the final plat is submitted and determined to be complete.
B. The MPC shall approve, approve with conditions, or deny the improvement plans and final plat. The MPC may also continue the meeting if questions regarding the plat are not satisfactorily answered by the applicant.
C. The MPC shall make a decision within thirty (30) days after the initial review of the final plat and improvement plans (Step 5) unless the MPC and subdivider agree to an extension of this time frame. If the MPC fails to act within the thirty (30) days or there is no agreement for an extension of time, the application for a final plat will be considered approved.
D. If the MPC denies the final plat and/or improvement plans, the applicant shall not move forward in the review process until a final plat and the improvement plans are approved by the MPC.
E. In the event the MPC denies the final plat and improvement plans or approves with conditions, the MPC shall provide the subdivider with a statement, in writing, setting forth the reasons for the denial or the conditions of approval.
F. Approval of the final plat and improvement plans by the MPC shall not be an acceptance by the public of the offer of dedication of any street, or other public ways or open space on the final plat unless they are accepted by City Council in the form of the adoption of an ordinance.
G. The final plat shall be held until acceptance of all improvements in Step 8. No final plat shall be recorded until all improvements and areas offered for parks, open space, or public rights-of-way have been accepted by City Council.
H. At the completion of construction, and before acceptance of the public improvements, the developer shall furnish the City a set of record or "as-built" reproducible drawings as well as a digital copy that is compatible with the City Engineer's software showing the locations of all public improvements including the sizes and elevations of all underground utilities.
(8) Step 8 - Acceptance of Improvements by City Council. The City, through action by the City Council, shall review the final plat and consider acceptance of public improvements made by a subdivider only after meeting the following conditions:
A. The public improvements have been made in accordance with the requirements of this code, and any other manuals or documents referenced in Section 1114.03;
B. Installation of the public improvements has been completed in accordance with the applicable design standards;
C. All final inspections required by these regulations and the City have been carried out by the City, and said public improvements were found to be acceptable by the City Engineer.
D. After all public improvements have been installed to the satisfaction of the City, the subdivider shall submit an original copy of as-built improvement plans (showing how all public improvements were actually installed) to the City Engineer in a format acceptable to the City Engineer.
E. After all public improvements have been installed in accordance with the subdivision approvals and these regulations, and the subdivider has complied with this section, the City Council may, by ordinance, accept the public improvements for maintenance with any applicable financial guarantee.
(9) Step 9 - Disposition of Approved Plat and Recordation.
A. All required deeds, agreements, and other required legal instruments shall be submitted to the ZEO within sixty (60) days from the date of the MPC's approval or such approval shall thereafter be rendered null and void.
B. Any recorded plat which has not been approved according to the regulations in this chapter shall be considered invalid.
C. The subdivider shall then be responsible for submitting the signed plat to the Knox County Recorder, for the recording of the lots as legal lots of record and providing a copy of said plat to the City after recording.
D. The approval of a plat shall expire within 120 days after City Council approval is effective unless the plat has been duly filed and recorded by the applicant as required by law, and the original tracing of the plat has been filed with the ZEO.
(d) Review Criteria. In order to approve a major subdivision, the MPC shall determine the following:
(1) That the major subdivision complies with all applicable provisions of this code;
(2) That the major subdivision does not conflict with other regulations, plans, or policies of the City;
(3) That the proposed subdivision is designed to be harmonious with the existing immediate or surrounding area or is in keeping with the intended character of such area;
(4) That the proposed streets are in accordance with approved plans and have been coordinated with existing streets, and that adequate measures have been taken to provide ingress and egress so as to minimize traffic congestion in public streets;
(5) That the proposed subdivision will not adversely affect the delivery of governmental services;
(6) That applicable review agencies have no objections that cannot be resolved by the applicant; and
(7) That the final plat and improvement plans conform to the approved preliminary plat, if submitted and approved.
(e) Amendments of Application.
(1) No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after final approval has been given by the MPC and an endorsement is made in writing on the plat, unless the plat is first resubmitted and the changes approved by the MPC.
(2) If the applicant finds, in the process of preparing improvement plans, that the approved preliminary plat, if submitted, is not workable and changes in layout are required, the applicant shall inform the City Engineer. The City Engineer may require that a revised preliminary plat be submitted for re-approval following the review procedure in Section 1103.10(c)(4), above, if the changes significantly alter the design of the subdivision, including changes to the number of lots, modification of street layouts, or other substantial changes. If the proposed changes are technical or minor and do not substantively alter the approved preliminary plat, the City Engineer may approve the revisions. Failure to submit and receive approval of a revised preliminary plat shall void approval of the preliminary plat and any new submission shall be subject to a new application.
(3) During the final plat process, the City Engineer is authorized to allow minor changes related to the public improvements or design where there is minimal impact to the overall design of the subdivision. This limited authority shall not give the City Engineer the authority to vary the requirements of this code.
(4) If during the course of construction, any changes or modifications are encountered that are not in conformance with the original approved improvement plans, the subdivider shall submit the modified improvement plans (which have now become as-built drawings) to the City Engineer, who, if in agreement with such modifications, shall sign these drawings to indicate approval of the modifications. If the City Engineer does not approve the modifications, the applicant shall be required to bring the improvements into compliance with the approved improvement plans or the City may utilize the financial guarantee to correct the issue.
(f) Subdivision Modifications.
(1) Purpose. The purpose of a subdivision modification is to provide limited relief from standards that apply to the subdivision of land, including standards for improvements. Subdivision modifications are intended for those cases where strict application of a particular requirement will create a practical difficulty or extraordinary hardship prohibiting the use of land in a manner otherwise allowed under these regulations. It is not intended that modifications be approved merely to remove inconveniences or financial burdens that the requirements of these regulations may impose on property owners or subdividers in general.
(2) Applicability.
A. If the proposed subdivision requires a deviation from the minimum lot and principal building regulations (e.g., lot area, lot width, etc.) or other standards identified in Section 1105.05, the applicant will be required to apply for and receive all the necessary variance approvals (See Section 1103.07.) prior to approval of a preliminary plat.
B. If the applicant seeks a modification of standards required by Chapter 1114: Subdivision Design, then the request for a modification shall be accomplished through the procedure outlined in this section.
(3) Subdivision Modification Review.
A. A request for a subdivision modification shall be reviewed as part of the preliminary plat review procedure.
B. In reviewing the application, the MPC shall, at a minimum, consider the review criteria of this section.
C. The MPC shall review the request and may approve, approve with conditions, or deny the request to modify any or all of the requested modifications.
D. In approving a modification, the MPC may impose conditions on the approval as it determines are required to ensure compliance with the provisions and purposes of these regulations.
E. If the preliminary plat is denied or if the approval of the preliminary plat expires, so does the approval of the subdivision modification. Any future request for preliminary plat approval that includes the same modifications shall require a new review and decision on the request for modifications.
(4) Review Criteria. The review criteria for a subdivision modification shall be the same as those for a variance as established in Section 1103.07(d).
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the MPC shall have the right to appeal the decision to the court of common pleas of the applicable county, as provided in ORC Chapters 2505 and 2506.
(Ord. 2024-032. Passed 7-22-24.)
1103.11 INTERPRETATION OF THE CODE.
It is the intent of this code that all questions of interpretation related to the administration and enforcement of this code shall be first presented to the ZEO, and that such questions shall be presented to the BZA only on appeal from the decision of the ZEO. Such appeals shall be in accordance with Section 1103.07
(Ord. 2024-032. Passed 7-22-24.)