Ontario City Zoning Code
CHAPTER 1151
Planning Commission
1151.01 AUTHORIZATION.
(a) The City Planning Commission has been established pursuant to Chapter 713.01 of the Ohio Revised Code and consists of five (5) members including the Mayor, the Director of Public Service, and three (3) citizens of this City appointed by the Mayor who shall serve without compensation and shall be appointed by the Mayor for a term of six (6) years, except that the term of one (1) of the members of the first commission shall be four (4) years and one (1) for two (2) years.
(b) The Planning Commission shall, within the limits of the money appropriated for it, purchase such supplies and equipment as it finds necessary to carry out its duties.
(Ord. 01-50. Passed 12-6-01.)
1151.02 ORGANIZATION AND PROCEEDINGS.
(a) The Planning Commission shall adopt rules necessary to conduct its affairs in keeping with the provisions of this Ordinance. The Planning Commission shall elect a chairman, from among its members and shall prescribe rules for its proceedings. The Mayor shall act as vice-chairman.
(b) Meetings shall be held at the call of the chairman or vice-chairman and at such other times as the Planning Commission may determine. At least three (3) members must be present at any meeting before any official business can be conducted. All meetings shall be open to the public. The Planning Commission shall keep minutes of its meetings showing the vote of each member on all motions before the Commission and shall file and record its proceedings as a matter of public record.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
1151.03 APPOINTMENTS AND VACANCIES.
(a) In the event of the death, resignation or removal of residence from the City, the Mayor shall appoint a successor to serve the remainder of the unexpired term.
(b) The un-excused absence of any member of the Planning Commission from three (3) consecutive regular monthly meetings or establishing a residence outside of the City shall constitute resignation from the Planning Commission.
(Ord. 01-50. Passed 21-6-01.)
1151.04 DUTIES.
The Planning Commission shall have the following duties:
(a) Amend or change the zoning district boundary lines on the Official Zoning District Map or the regulations to this Ordinance.
(b) Review and make recommendations to City Council, on all changes in the Zoning Ordinance or changes to the Official Zoning District Map whether initiated by Council or initiated by any owner or lessee of land within the City ;
(c) Issue conditional zoning certificates where such permits are provided for a particular use within a zoning district and where the Commission finds that each of the conditions has been met, or impose such additional conditions or limitations in granting approval as may in its judgement be necessary to fulfill the purposes of this Ordinance;
(d) Hear and decide all appeals from any decision or action of the Zoning Inspector or any other administrative official in carrying out and enforcing any provisions of this Ordinance.
(e) Grant variances from the strict application of the provisions of this Ordinance where evidence is submitted showing the following:
(1) By reason of exceptional narrowness, shallowness, shape or area of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary physical land conditions applying to the property involved or the intended use or development of the property that does not generally apply to other properties or uses within the same zoning district, the strict application of the provisions of this Ordinance would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this Ordinance; and
(2) Granting of such a variance will not be of substantial detriment to the public interest or to property or improvements in such district in which the variance is sought, and will not materially impair the purpose of this Ordinance. In granting a variance, the Board may attach such conditions or safeguards as it deems necessary to protect the public health, safety or welfare and to further the purposes and intent of this Ordinance.
(Ord. 01-50. Passed 12-6-01.)
(f) Except as provided for in Section 1145.28(f), review, approve or deny all site or development plans whenever specifically required elsewhere in this Ordinance; and
(Ord. 16-15. Passed 6-16-16.)
(g) Review, approve or deny the platting or other subdivision of land in accordance with the City Subdivision regulations.
(Ord. 01-50. Passed 12-6-01.)
1151.05 AMENDMENTS.
(a) Initiation. The provisions of this Zoning Ordinance and the Official Zoning District Map may, from time to time, be amended by City Council by ordinance. Such amendment may be initiated by one of the following procedures:
(1) By filing an application with the Clerk of Council on a form provided and signed by the property owner of the land seeking the amendment or by any interested person seeking an amendment to the district regulations of this Ordinance. Such application shall be accompanied by a fee as required in Section 1149.04, “Permit and Certificate Filing Fees”;
(2) By motion of City Council directed to the Planning Commission and requesting a recommendation concerning an amendment to the text or a change to the Official Zoning District Map of this Ordinance of a zoning district or overlay zoning district for any parcel of land within the City;
(3) By motion of the Planning Commission directed to City Council recommending an amendment to the text of this Zoning Ordinance or a change to the Official Zoning District Map of a zoning district or overlay district of any parcel of land.
(b) Amendment Procedure.
(1) Upon receipt of an application to amend the City Zoning Ordinance or the adoption of a motion by City Council to amend it, the application or motion shall be referred to the Planning Commission. The Planning Commission shall consider the application or motion at its next regular meeting or at a special meeting called for this purpose.
(2) Upon review and consideration of the proposed amendment the Planning Commission shall make a report to City Council. The report shall:
A. Recommend that the rezoning to the map or amendment to the text be adopted in accordance with the application or council motion; or
B. Recommend that the rezoning to the map or amendment to the text be adopted in a form modified by the Planning Commission from the application or motion originally submitted to the Planning Commission; or
C. Recommend that the application for the rezoning to the map or amendment to the text be denied.
(3) Such recommendation shall be returned to City Council no later than Council’s second regular meeting after submission of the application to the Planning Commission. The failure of the Planning Commission to make a recommendation in the time provided herein shall be deemed to be a recommendation in favor of the rezone or amendment application.
(c) Public Hearing. Upon receipt of a recommendation on an amendment from the Planning Commission, or an amendment initiated by the Planning Commission, City Council shall set a public hearing date which shall be held no earlier than thirty (30) days after notice of the hearing has been given by one (1) publication in a newspaper of general circulation within the City. Such hearing may be held at either a regular or special City Council meeting.
(d) Notice to Property Owners. In the event a proposed amendment involves no more than ten (10) parcels of land, as listed on the Richland County Auditor’s current tax duplicate, the Clerk of Council shall also give notice of the time and place of the public hearing by first class mail at least twenty (20) days before such hearing to all owners of property within, contiguous to, and directly across the street from the parcel or parcels involved. The notice shall be mailed to the address listed on the current Richland County Auditor’s tax duplicate. The failure of delivery of such notice shall not invalidate any subsequent action with respect to the proposed amendment. During the thirty (30) day period specified above, the ordinance containing the proposed amendment along with the application and any map and the report of the Planning Commission along with any other documents related thereto shall be on file in the office of the Clerk-Treasurer for public inspection.
(e) Posting Sign on Premises. In a rezone of ten (10) or less properties, thirty (30) days prior to a public hearing on the rezone, the zoning inspector shall place upon the property which is subject to the rezone a sign of three (3) square feet, which shall read as follows:
REZONE
PROPOSED FOR
THIS PROPERTY
FOR MORE
INFORMATION
CALL
419-529-2530
This sign shall be removed by the zoning inspector immediately after public hearing on the rezone by City Council.
(f) Upon inquiry by any person, the zoning inspector shall advise of the nature of the rezone, the date of the public hearing and such other relevant information as may be available.
(g) Council Action. The proposed amendment shall be placed before City Council in the form of an amendment to this Zoning Ordinance and may be voted upon at the same meeting at which the public hearing is held or at a subsequent regular or special meeting. Any amendment which differs in any respect from the recommendation of the Planning Commission may be adopted by only a three-fourths vote of City Council. Any amendment which is in all respects in accordance with the recommendations of the Planning Commission may be adopted by a majority vote of City Council. All amendments shall go into effect in thirty (30) days of adoption unless the ordinance adopting the same is declared to be an emergency measure, in which case the amendment shall go into immediate effect.
(Ord. 01-50. Passed 12-6-01; Ord. 04-14. Passed 2-19-04.)
1151.06 APPEALS.
(a) Appeals to the Planning Commission may be taken by any person, firm, or corporation, deeming itself to be adversely affected by the decision of the Zoning Inspector regarding the interpretation of this Ordinance. All appeals shall be initiated by filing with the Zoning Inspector, a written appeal on a form provided within thirty calendar days of the decision appealed. The appeal request shall be accompanied by a fee as required in Section 1149.04 which shall be refunded if the Zoning Inspector’s decision is wholly reversed.
(b) An appeal filed with the Zoning Inspector shall stay all proceedings in furtherance of the action appeals from, unless the administrative officer, whose decision is being appealed, certifies to the Commission, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property.
(c) Planning Commission will hear the appeal at the next regular Planning Commission meeting occurring more than fourteen days after the application is filed or at a special meeting called for this purpose. The fourteen day requirement herein may be waived by the Commission for good cause shown.
(d) The Planning Commission may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as in its opinion ought to be done, and to that end shall have all the powers of the officers and bodies from whom the appeal was taken and it may issue or direct the issuance of a certificate.
(Ord. 02-26. Passed 5-16-02.)
1151.07 VARIANCES.
(a) Applications for a variance made to the Planning Commission shall be filed with the Zoning Inspector on a form provided for this purpose. The application shall refer to the specified provision of the Zoning Ordinance to be varied and shall be accompanied by the appropriate fee required by Section 1149.04.
(1) Not more than one variance fee per residential property may be charged for each hearing.
(2) Commercial variance fees not to exceed $450.00.
(Ord. 16-37. Passed 12-7-16.)
(b) Hearing Procedure.
(1) Upon receipt of a variance application, the Clerk of Council shall give notice by first-class mail at least ten days prior to the date of the scheduled public hearing, stating the time, place, date and purpose of the hearing to all owners of properties within, contiguous to, and directly across the street from the parcel or parcels involved. The notice shall be mailed to the address listed in the current County Auditor’s tax duplicate. The failure of delivery of such notice shall not invalidate any subsequent action with respect to the proposed variance.
(2) The Planning Commission may recess hearing(s) from time to time, and if the time and place of the continued hearing are publicly announced at the time of adjournment, no further notice will be required.
(3) The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon questions, or if absent or failing to vote, it shall indicate such fact, and file and record its proceedings in the Clerk of Council’s office, and the same shall be public record.
(4) At hearings on applications for variance, all testimony shall be received under oath or affirmation, a verbatim record of the proceedings shall be kept, the application shall be allowed upon application and deposit of fees to the issuance of subpoenas for the attendance of witnesses. All testimony shall be subject to cross-examination.
(5) The Planning Commission shall act on the appeal with a reasonable time after the conclusion of hearing proceedings not to exceed sixty days and advise the applicant in writing thereof.
(Ord. 02-26. Passed 5-16-02.)