(a)   This chapter sets forth the powers and duties of the Planning and Zoning Administrator, the Board of Zoning and Building Appeals (BZBA), and the Planning Commission relative to the administration and enforcement of this Zoning Code.

   (b)   The following table summarizes the applications and role of each of the administrative, quasi-judicial, quasi-legislative, and legislative reviews set forth in this title and the responsible reviewing party:

 

 

 

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   Unless otherwise directed by the Director of Development, the Planning and Zoning Administrator shall have the following responsibilities and powers:

   (a)   Enforce the provisions of this Code and interpret the meaning and application of its provisions;

   (b)   Receive, review and make determinations on applications for zoning certificates;

   (c)   Issue zoning certificates as provided by this Code and keep a record of same with notations of special conditions involved;

   (d)   Review and process standard site and design plans pursuant to the provisions of this Code;

   (e)   Make determinations on whether violations of this Code exist, determine the nature and extent thereof, and notify the owner in writing pursuant to the procedures in this Code;

   (f)   Conduct inspections of buildings and uses of land to determine compliance or noncompliance with this Code;

   (g)   Review, process, and approve or deny applications for conditional use permits pursuant to the provisions of this Code;

   (h)   Maintain permanent and current records required by this Code, including, but not limited to, the Zoning Map, zoning certificates, inspection documents and records of all variances, amendments and conditional uses, which shall be made available for use of the Council, Planning Commission, the Board of Zoning and Building Appeals (BZBA) and the public;

   (i)   Determine the existence of any violations of this Code and enforce this Code;

   (j)   Revoke a zoning certificate or approval issued contrary to this Code or based on a false statement or misrepresentation on the application;

   (k)   Administer the flood plain regulations set forth under Chapter 1103; and

   (l)   Such other administrative duties as specifically granted to them from time to time by the Mayor or the Director of Development.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   The City of Reynoldsburg Planning Commission is established and organized in accordance with Section 7.01, Article VII of the Charter.

   (b)   The Planning Commission shall have the following powers and duties under this Code and in furtherance of the Charter:

      (1)   Initiate advisable Zoning Map changes, or changes to the test of the Code where the same will promote the best interest of the public in general through recommendation to the City Council;

      (2)   Review all proposed amendments to this Code, whether map amendment or text amendment;

      (3)   Review plats and subdivision regulations in accordance with Chapter 1111;

      (4)   Review and approve or deny approval of certificates of appropriateness, as provided in Section 1109.21;

      (5)   Review of site plans in accordance with Section 1109.19;

      (6)   Establish such reasonable conditions, regulations, and standards in the approval of a district change, site plan and design approval, certificate of appropriateness, or other official action as necessary to ensure a project complies with the purpose and intent of this Code and of the ordinances of the City;

      (7)   Exercise any powers, duties or functions provided to municipal planning commissions by state law that do not otherwise conflict with City Council’s ordinances or resolutions, this Code or the Charter; and

      (8)   Such other official action consistent with the powers, duties, or authorities of the Commission as set forth by the provisions of the Charter, this Code, or assigned by City Council.

   (c)   In furtherance of its duties and powers under this Code and the Charter, the Planning Commission shall operate in accordance with the following procedures:

      (1)   Three (3) members present shall constitute a quorum of the Planning Commission.

      (2)   All actions taken by the Planning Commission shall be initiated by motion and shall be recorded in the minutes.

      (3)   The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon each application or questions, or, if a member is absent or fails to vote, the minutes shall indicate such fact.

      (4)   Three (3) affirmative votes shall be required for the adoption of any motion.

(Ord. 33-2020. Passed 3- 23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   The City of Reynoldsburg Board of Building and Zoning Appeals (BZBA) is established and organized in accordance with Section 7.02, Article VII of the Charter.

   (b)   The powers and duties of the BZBA shall be as follows:

      (1)   To permit exceptions to and variances from the provisions of this Code, as provided in Section 1109.13;

      (2)   To authorize or deny a conditional use permit where the Planning and Zoning Administrator has forwarded an application to the BZBA for review;

      (3)   To authorize the operation of a similar use through the similar use determination process set forth under Section 1109.17;

      (4)   To establish such reasonable conditions, regulations, and standards in the approval of a, conditional use, variance or exception, or other official action as necessary to ensure that the design, construction, and operation of the use or structures subject to such approval are carried out consistent with the purpose and intent of this Code and of the ordinances of the City;

      (5)   To make interpretations, upon request of the Planning and Zoning Administrator or upon appeal from any property owner of the City, of the meaning and application of the provisions and illustrations of this Code and of the Zoning Map of the City including:

         A.   Determination of the exact boundary lines of districts or zones;

         B.   Determination of the meanings of the permitted uses and conditional uses as listed in the districts or zones;

         C.   Determination of the rules applicable to the filing of applications, review procedures, and permit issuances; provided however, the BZBA shall not make such interpretations as the City Attorney may determine should be a matter of legislative action by City Council;

      (6)   To grant or deny a zoning certificate when the question of the issuance of such certificate is referred to it by the Planning and Zoning Administrator, or when the provisions of this Zoning Code indicate that the Board shall consider such question;

      (7)   To overrule or amend any official action of the Planning and Zoning Administrator when an applicant makes an appeal for such relief and when the Board determines that such action has been contrary to the intent and spirit of this Code. For such purpose, the Board may make null and void any zoning certificate issued or any action taken by the Planning and Zoning Administrator by notifying the Planning and Zoning Administrator and the principal interested party or parties in writing;

      (8)   To hear appeals from the Property Maintenance Code as provided for in that code; and

      (9)   Such other official action consistent with the powers, duties, or authorities of the Board as set forth by the provisions of the Charter this Code or assigned by City Council.

   (c)   In furtherance of its duties and powers under this Code and the Charter, the BZBA shall operate in accordance with the following procedures:

      (1)   Three (3) members present shall constitute a quorum of the BZBA;

      (2)   All action taken by the Board shall be initiated by motion and shall be recorded in the minutes. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if a member is absent or fails to vote, the minutes shall indicate such fact; and

      (3)   Three (3) affirmative votes shall be required for the passage of any motion.

(Ord. 33-2020. Passed 3- 23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   All requests for a decision or approval under this Code begins with the property owner or agent thereof filing an application with the Planning and Zoning Administrator on forms provided from time to time.

   (b)   A complete application shall include all required submissions and the payment in full of all applicable fees, which shall be proposed from time-to-time by the Mayor and approved by Council.

   (c)   The Planning and Zoning Administrator will determine whether an application is complete and is ready to be processed. In some instances, an additional application may be deemed necessary by the Planning and Zoning Administrator and, if so, an application will not be deemed to be complete unless and until all the applications are submitted and reviewed and determined to be in accordance with all submittal requirements. The applicant will be notified in writing of any deficiencies in the completeness of the application and shall have thirty (30) days from the date thereof to complete the application or the application will be deemed null and void.

   (d)   If a decision on the application is to be made by someone other than the Planning and Zoning Administrator, then the complete application shall be forwarded to the appropriate body for review in accordance with this Code.

   (e)   Unless otherwise prescribed by this Code or requested by the applicant, the applicable decision-making body or administrator shall render a decision on all applications within sixty (60) days from the original hearing.

   (f)   The Planning and Zoning Administrator, in consultation with the Director of Development, BZBA, or any additional City staff shall publish application procedures and additional requirements in a document to be known as the Development Handbook, which shall be incorporated here by reference. The Planning and Zoning Administrator shall make the most current version of this document available to the public in a manner that is easily accessible.

   (g)   In the interest of timely and efficient administration of the provisions of this Code, applicants may submit, and the Board may take action upon, concurrent applications for conditional uses, similar use determinations, variances, and other matters on which the Board is granted authority by this Code. All such concurrent applications shall be submitted in conformance with the applicable provisions of this Code. The Board shall not take such concurrent action if it determines that such concurrent action is not in the best interest of the City.

   (h)   Unless otherwise prescribed by this Code or requested by the applicant, the Board shall render a decision on all applications within sixty (60) days from the original hearing.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   The submission and review of zoning certificates shall be conducted in accordance with the provisions set forth hereunder.

   (b)   No use of land, building or structure and no construction or alteration of an existing use, building, or structure shall commence until a zoning certificate is issued by the Planning and Zoning Administrator certifying that the intended use of the premises has been documented, reviewed, and approved in conformance with the provisions of this Zoning Code. A zoning certificate shall only be issued by the Planning and Zoning Administrator subsequent to completion of all procedures and approvals required by this Code. The Planning and Zoning Administrator shall not be required to issue a zoning certificate where the subject property is not in compliance with the Zoning Code, Building Code, or Property Maintenance Code.

   (c)   Except as otherwise provided in this Code, a zoning certificate shall be required before:

   (d)   An application for a zoning certificate shall be submitted to the Planning and Zoning Administrator and shall include, a plan or plans drawn to scale showing:

      (1)   The dimensions and the shape of the lot to be used or built upon;

      (2)   The sizes and locations of existing structures and uses on the lot;

      (3)   The dimensions and locations of proposed structures and uses;

      (4)   The heights of existing and proposed structures;

      (5)   A statement detailing the proposed use, which shall be signed by the applicant; and

      (6)   Such other documentation as may be necessary to determine conformance with the provisions of this Code.

   (e)   When the Planning and Zoning Administrator determines that an application for a zoning certificate does not comply with the provisions or intent of this Code, or that an application does not provide sufficient information to determine compliance with this Code, then the Planning and Zoning Administrator shall deny the application and shall not issue a zoning certificate.

   (f)   The Planning and Zoning Administrator may refer zoning certificates to the BZBA for review.

   (g)   Within fourteen (14) days of the Planning and Zoning Administrator’s denial of a zoning certificate, the applicant may file a written appeal with the BZBA. Any applicant who does not file an appeal within fourteen (14) days of the date of denial by the Planning and Zoning Administrator.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   The provisions set forth hereunder shall apply to the review and grant of variances under this Code.

   (b)   An applicant seeking a variance shall submit a written request for variance on forms provided by the Planning Zoning Administrator together with the applicable fee. In addition to information relating to the subject property and the applicant, the request for a variance shall include the following information:

      (1)   A description of the nature of the variance requested and a statement demonstrating the extent to which the requested variance conforms to the standards for variance in this Code;

      (2)   A statement of hardship; and

      (3)   Such other information and exhibits as may be appropriate to establish the facts of the appeal and the grounds for relief.

   (c)   Before approving or denying a request, the BZBA shall hold at least one (1) public hearing on the matter. The BZBA shall cause notice of the hearing to be made to the public by seven (7) days advance publication, in a newspaper of general circulation in the City, of the place, time, date and the nature of the variance applied for. The BZBA shall also cause the subject property to be posted with a notice of hearing at least seven (7) days prior to the day of the hearing. The notice of hearing shall state thereon the nature of the request and the time and place of the public hearing.

   (d)   No variance from the strict application of the provisions of this Code shall be granted unless the BZBA makes specific findings of fact, based on the evidence presented to it, which support conclusions that the variance conforms to the following standards:

      (1)   The variance is in accord with the general purpose and intent of the regulations imposed by this Code in the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare.

      (2)   The variance will not permit the establishment of any use which is not otherwise listed as a permitted use or a conditional use in the zone or district in which the subject property is situated.

      (3)   There exist special circumstances or conditions, fully described in the findings, applicable to the land or structures for which the variance is sought, which are peculiar to such land or structures and which do not apply generally to land or structures in the area, and which are such that the strict application of the provisions of this Code would deprive the property owner of the reasonable use of such land or structures. There must be a deprivation of the beneficial use of land, as opposed to mere loss in value as justification for the variance.

      (4)   There is proof of hardship or practical difficulty created by the strict application of this Code, beyond simply a showing that greater profit will result if the variance is granted. Economic hardship is not grounds for the variance. Furthermore, the hardship complained of is not self-created nor is it established on this basis by one who purchased with or without knowledge of the restrictions. The hardship results from the application of this Code and is suffered directly by the property in question.

      (5)   The variance is necessary for the reasonable use of the land or building, and the variance as granted is the minimum variance that will accomplish this purpose.

      (6)   The variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.

      (7)   The variance will not confer on the property owner any special privilege that is unduly denied by this Code to other land, structures, or buildings in the same district.

      (8)   No nonconforming use of neighboring land or structures in the same district and no permitted or nonconforming use of land or structures in other districts are considered as grounds for approval of the variance.

      (9)   The variance is not a matter of convenience when other remedies are available within the provisions of this Code.

   (e)   In granting any variance, the BZBA shall establish such conditions as are necessary to secure substantially the objectives of this Code. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a violation of this Code.

   (f)   No action of the BZBA granting a variance shall be valid for a period longer than twelve (12) months from the date of such action unless the zoning certificate is obtained within such period, and the erection or alteration of a structure is started or the use is commenced within such period, provided however, notwithstanding anything to the contrary herein, such twelve (12) month period may be extended by the Planning and Zoning Administrator upon the demonstration by the applicant that any delay in the commencement of the erection or alteration of a structure is the result of factors beyond the control of the applicant, in which case, the Planning and Zoning Administrator may elect to grant an extension of up to six (6) months.

   (g)   The BZBA shall not accept a new application for a variance that has been previously denied within twelve (12) months of denial.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   Reviews of applications for conditional uses shall be conducted by the Planning and Zoning Administrator in accordance with the provisions set forth under this section; provided however, if, the Planning and Zoning Administrator determines in his or her professional opinion that an application warrants public review, then the Planning and Zoning Administrator shall forward such application to the BZBA for review. The intent of the procedure for authorizing a conditional use is to set forth the development standards and criteria for locating and developing conditional uses in harmony with the character of the surrounding area, conditions of development and with regard to appropriate laws.

   (b)   In addition to such standard information regarding the subject property and the applicant, the application for a conditional use shall contain the following:

      (1)   Description of the zoning district and existing uses of adjacent lots;

      (2)   A statement of the conditional use for which the application is submitted;

      (3)   Including a description of the activities proposed on the subject property, the goods and services sold or provided, hours of operation, anticipated number of employees, nature and volume of delivery activity, and other information which will assist the BZBA with understanding the nature of the proposed use and its potential impacts;

      (4)   A plan of the proposed site and improvements showing the proposed location of all structures, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping, and other relevant features;

      (5)   A narrative statement describing the compatibility of the proposed use with the existing uses of adjacent lots and with the Land Use Plan, including an evaluation of the effects on adjoining lots of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and storm water, and any measures proposed to mitigate such effects;

      (6)   A narrative addressing each of the applicable criteria set forth in the standards and requirements for all conditional uses set forth below and, as applicable, the supplementary requirements for special uses set forth under the applicable district or zone regulations.

      (7)   Such other information as the BZBA deems necessary to make a determination of the compliance of the proposed use with the applicable standards and regulations. Such additional information may include, but shall not be limited to:

         A.   Traffic impact analysis;

         B.   Storm water impact analysis; and/or

         C.   Utility impact analysis.

   (c)   When review of an application for a conditional use permit is forwarded by the Planning and Zoning Administrator to the BZBA, before approving or denying a request for a conditional use, the BZBA shall hold at least one (1) public hearing on the matter. The BZBA shall cause notice of the hearing to be made in accordance with its standard process for providing notice of a hearing. The notice of hearing shall state thereon the nature of the request and the time and place of the public hearing.

   (d)   Upon reviewing an application for a conditional use, the Planning and Zoning Administrator or the BZBA, as applicable, shall consider whether the application provides adequate evidence that the proposed conditional use is consistent with the following standards:

      (1)   The proposed use shall be in harmony with the existing or intended character of the zone or district and nearby affected zones and districts and shall not change the essential character of the zones and districts;

      (2)   The proposed use shall not adversely affect the use of adjacent property;

      (3)   The proposed use shall not adversely affect the health, safety, morals, or welfare of persons residing or working in the neighborhood;

      (4)   The proposed use shall be served adequately by public facilities and services such as, but not limited to, roads, police and fire protection, storm water facilities, water, sanitary sewer, and schools;

      (5)   The proposed use shall not impose a traffic impact upon the public right-of-way significantly different from that anticipated from permitted uses of the zone or district;

      (6)   The proposed use shall be in accord with the general and specific objectives, and the purpose and intent of this Zoning Code and the Land Use Plan and any other plans and ordinances of the City;

      (7)   The proposed use complies with the applicable specific provisions and standards of this Code;

      (8)   The proposed use shall be found to meet the definition and intent of a use specifically listed as a conditional use in the zone or district in which the subject property is situated.

   (e)   After review of the application and any additional information presented by the applicant, the Planning and Zoning Administrator or the BZBA, as applicable, shall take action to:

      (1)   Approval the conditional use, based upon findings of compliance with the standards and requirements of this Code and subject to conditions to ensure compliance with this Code; or

      (2)   Deny the conditional use, upon finding that the application does not comply with the provisions of this Code.

   (f)   In approving a conditional use, the Planning and Zoning Administrator or the BZBA, as applicable, may impose such conditions as deemed necessary to protect the public welfare, preserve the purpose and intent of this Code, to protect the character of the surrounding properties and neighborhood affected by the proposed use, and to mitigate the special impacts of the use. Such conditions may include, but shall not be limited to:

      (1)   Locations, setbacks, and configurations of structures and of uses of interior and exterior space;

      (2)   Screening comprised of landscaping, walls, fencing or other materials or construction;

      (3)   Access points and traffic management provisions, including those impacting vehicular and pedestrian access, and the locations and design of parking facilities;

      (4)   Noise control measures, including those regulating loudspeakers or irregular vehicular or equipment noise;

      (5)   Other features of construction, including but not limited to paving and parking, signs, and landscaping;

      (6)   Hours and method of operation;

      (7)   Maintenance of the site, structures, and landscaping;

      (8)   Means of controlling glare, vibration, odors, dust, smoke, hazardous materials, refuse matter, water-carried waste, and storm water; and

      (9)   A time limit for operation of the use, if temporary operation is determined to be a typical characteristic of the proposed use or otherwise appropriate given unique circumstances of the proposed use.

   (g)   Subsequent to approval by the Planning and Zoning Administrator or the BZBA, and compliance with all applicable conditions of such approval and of this Zoning Code, the Planning and Zoning Administrator shall issue a zoning certificate stating the conditional use and all conditions of its approval.

   (h)   Approval of a conditional use shall be void upon the occurrence of any or all of the following:

      (1)   The applicant fails to commence construction of the structure in which the approved conditional use is to be conducted within one (1) year of the date of approval;

      (2)   The applicant fails to commence the operation of the conditional use within six (6) months of the date of the approval, where such use is to be conducted in an existing structure; and/or

      (3)   The conditional use is operated in a manner which violates any condition of the approval.

   (i)   The Planning and Zoning Administrator shall review all approved conditional use permit applications six (6) months after final action to determine if the approved use is in operation and otherwise in compliance with all conditions of approval. Upon such six (6) month review the Planning Zoning Administrator shall proceed in accordance with the circumstances outlined below:

      (1)   If the Planning and Zoning Administrator finds the conditional use to be in operation and in compliance with the conditions of approval, the Planning and Zoning Administrator shall notify the BZBA of such compliance.

      (2)   If the Planning and Zoning Administrator finds that construction has not begun, the Planning and Zoning Administrator shall record that information for an additional six (6) month review, and shall notify the BZBA of such inaction.

      (3)   If the Planning and Zoning Administrator finds a use in an existing structure or building not to be in operation, the permit and zoning certificate shall be deemed revoked and the Planning and Zoning Administrator shall notify the applicant of such revocation as well as the BZBA. Upon such revocation, the applicant shall have the right to appeal that decision of the Planning and Zoning Administrator to the BZBA and request the BZBA allow up to one (1) additional six (6) month period to begin operation following the administrative appeal procedure.

   (j)   Whenever the Planning and Zoning Administrator determines that a conditional use is being operated in a manner that violates any condition of the use’s approved permit, the permit and zoning certificate shall be considered revoked. The Planning and Zoning Administrator shall notify the permit holder as such, who shall immediately discontinue operation of the use:

      (1)   If this determination is made in conjunction with the six (6) month review procedure for an approved permit, the Planning and Zoning Administrator shall also notify the BZBA. The applicant shall have the right to appeal this determination of the Planning and Zoning Administrator to the BZBA following the administrative appeal procedure. Upon appeal, the BZBA shall (a) approve upholding the revocation, (b) overturn the revocation and reapprove the conditional use permit or (c) overturn the revocation and modify of the conditions of approval.

      (2)   If this determination is made at any other time, the Planning and Zoning Administrator shall notify the BZBA. The applicant shall have the right to appeal this determination of the Planning and Zoning Administrator following the normal administrative appeal procedure. Upon appeal, the BZBA shall have the power to uphold the revocation or reapprove the permit.

   (k)   If this determination is made in conjunction with the six (6) month review procedure for an approved permit, the Planning and Zoning Administrator shall also notify the BZBA. The applicant shall have the right to appeal this determination of the Planning and Zoning Administrator to the BZBA following the administrative appeal procedure. Upon appeal, the BZBA shall (a) approve upholding the revocation, (b) overturn the revocation and reapprove the conditional use permit or (c) overturn the revocation and modify of the conditions of approval.

   (l)   The conditions of an approved conditional use permit may be amended upon request of the permit holder. Any amendment proceeding shall be conducted in accordance with the procedures, requirements, and standards applicable to review of a new conditional use permit.

   (m)   Subsequent to disapproval of an application for a conditional use permit, a period of at least one (1) year shall elapse before another application for the same conditional use at the location may be considered by the Planning and Zoning Administrator or the BZBA.

   (n)   Appeals of decisions of the Planning and Zoning Administrator may be taken to the BZBA pursuant to the procedures set forth under Section 1109.25. Appeals of decisions of the BZBA may be taken to the Franklin County Court of Common Pleas as allowed by R.C. Chapter 2506.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   The conditions of an approved conditional use permit may be amended upon request of the permit holder. Any amendment proceeding shall be conducted in accordance with the procedures, requirements, and standards applicable to review of a new conditional use permit.

   (b)   Subsequent to disapproval of an application for a conditional use permit, a period of at least one (1) year shall elapse before another application for the same conditional use at the location may be considered by the Planning and Zoning Administrator or the BZBA.

   (c)   Appeals of decisions of the Planning and Zoning Administrator may be taken to the BZBA pursuant to the procedures set forth under Section 1109.25. Appeals of decisions of the BZBA may be taken to the Franklin County Court of Common Pleas as allowed by R.C. Chapter 2506.

      (1)   Such use is not listed in any other zone or district as a permitted use;

      (2)   Such use has characteristics and impacts consistent with those of one (1) or more of the permitted uses in the district; and such use has characteristics and impacts more consistent with those of the permitted uses of the zone or district than with the permitted uses of any other district;

      (3)   The establishment of such use in the zone or district will not significantly alter the nature of the district;

      (4)   Such use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare, traffic, or other objectionable impacts or influences to an extent greater than normally resulting from permitted uses listed in the zone or district; and

      (5)   Such use does not typically require site conditions or features, building bulk or mass, parking lots or spaces, or other requirements dissimilar from permitted uses; and the typical development of site and buildings for such use is compatible with those required for permitted uses and can be constructed in conformance with the standard regulations for height, lot dimensions, setbacks, and other provisions of the zone or district.

   (d)   A similar use shall be heard by the BZBA in accordance with the notice provisions applicable to a conditional use.

   (e)   Based upon the application of the foregoing factors, the BZBA shall determine whether a proposed use should be or should not be determined to be a similar use for the district or zone. Appeals of any similar use determination shall be heard by City Council in accordance with the appeals provisions set forth under Section 1109.25.

   (f)   Following the approval of any similar use determination, the Planning and Zoning Administrator shall conduct the six (6) month review applicable to conditional uses and make such determinations and reports as provided for under Section 1109.15(j).

   (g)   Within fourteen (14) days of the BZBA’s denial of a similar use determination, the applicant may file a written appeal with City Council. Any applicant who does not file an appeal within fourteen (14) days of the date of denial by the BZBA shall have waived such right to appeal, and the decision of the BZBA shall become final.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

 

 

      (1)   A vicinity map showing the location of the proposed development in relationship to the surrounding area including major thoroughfares.

      (2)   A site plan illustrating the following:

         A.   The dimensions of property lines, parcel dimensions and adjoining rights-of-way.

         B.   The current zoning of the parcel and all adjacent parcels.

         C.   The location of proposed buildings and structures.

         D.   The location of existing water bodies, streams, drainage ditches, stands of trees and other pertinent features within one hundred fifty (150) feet of the proposed development.

         E.   Setbacks and building separations shall be noted in accordance with zoning requirements.

         F.   A landscape concept plan, including approximate location of all new landscape material and plantings, that addresses the applicable district requirements.

         G.   A transportation and parking plan, including location and number of all parking and loading spaces and location of all proposed walkways and bike/pedestrian access points, that addresses the applicable district requirements.

      (3)   An architectural plan, including exterior building materials, colors, and lighting features, that addresses the applicable district requirements; and

      (4)   Such other information as the Planning and Zoning Administrator or Planning Commission may require so as to carry out the full intent of the Zoning Code. Any applicant requesting review of a major site and design plan shall submit to the Planning and Zoning Administrator an application form and as many copies of the required materials as may be required by the Planning and Zoning Administrator or the Planning Commission. The Commission shall act upon the application for major site and design plan review based upon the adopted regulations, standards, and design guidelines of the City.

      (1)   Any development, which involves more than five thousand (5,000) square feet of structure or building;

      (2)   A development impacting or adjacent to an environmentally sensitive feature; or

      (3)   A development which in the professional opinion of the Planning and Zoning Administrator, warrants public review.

      (1)   All materials required for minor site plan and design review as set forth above;

      (2)   A basic utility plan;

      (3)   Where applicable an engineers staff report will be conducted by the City Engineer, where further recommendations could be made. The cost for any engineering study or report prepared by and/or for the City shall be assumed by the applicant as part of the cost of the application.

      (4)   Where required a plot-grade utility plan shall be submitted to the Director of Development for review and approval subsequent to and in conformance with an approved site plan.

      (5)   Such other information as the Planning and Zoning Administrator or Planning Commission may require so as to carry out the full intent of the Zoning Code. Any applicant requesting review of a major site and design plan shall submit to the Planning and Zoning Administrator an application form and as many copies of the required materials as may be required by the Planning and Zoning Administrator or the Planning Commission. The Commission shall act upon the application for major site and design plan review based upon the adopted regulations, standards, and design guidelines of the City.

      (1)   The adjustment is required in order to ensure the life-safety, proper function of the site utilities or building, or to comply with the regulations of a state or federal agency;

      (2)   The adjustment is as minimal as possible to correct the engineering issue;

      (3)   The adjustment does not increase the impervious surface on the subject property by more than one hundred (100) square feet as compared to the impervious surfaces contemplated on the approved site plan;

      (4)   The adjustment shall not be used to add any additional uses or tenants;

      (5)   The adjustment does not increase the number of curb cuts on a public street; and

      (6)   The adjustment does not violate any specific condition of the approved site plan.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

      (1)   Enhances the attractiveness and desirability of the district;

      (2)   Encourages the orderly and harmonious development in a manner in keeping with the overall character of the district;

      (3)   Improves residential amenities in any adjoining residential neighborhood;

      (4)   Enhances and protects the public and private investment in the value of all land and improvements within the district;

      (5)   Satisfies the applicable guidelines set forth under Chapter 1103; and

      (6)   Overall effects of the project or development on the appearance and environment of the district.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   In conformance with the provisions of the City Charter, ordinances or resolutions establishing, amending, revising, changing, or repealing zoning districts, uses, regulations, or other provisions of this Zoning Code shall be initiated by a member of Council.

   (b)   Any person having an interest in property in the City may petition City Council to initiate such ordinance or resolution by making an application to the Planning and Zoning Administrator. The Planning and Zoning Administrator shall review the application for compliance with the provisions of this chapter and forward it to the Clerk of Council.

   (c)   The Planning Commission may recommend amendments, revisions, changes, or repeals of zoning districts, uses, regulations, or other provisions of this Zoning Code. When the Planning Commission makes an advisory recommendation to City Council, the application requirements and fees shall not apply.

   (d)   When a person or persons having an interest in a lot or lots in the City petitions City Council for an amendment to the Zoning Code which involves changing the zoning district assigned to the lot(s), then such petition shall be made in the following form which shall be known as the development plan, unless such requirements are waived by City Council:

      (1)   Correct legal description of the lot(s);

      (2)   The names and addresses of the owners of lot(s) contiguous or directly across the street from the subject lot(s);

      (3)   Existing topography at two (2)-foot contour intervals of the subject lot(s) and extending at least three hundred (300) feet outside of the proposed lot, including lot lines, easements, street rights-of-way, existing structures, trees and landscaping features thereon;

      (4)   The proposed vehicular and pedestrian traffic patterns;

      (5)   The location of all existing and all proposed structures;

      (6)   The proposed assignment of use and subdivision of land including private land and common land;

      (7)   Preliminary plans of all structure types;

      (8)   Deed restrictions and protective covenants;

      (9)   A schedule for construction;

      (10)   Traffic impact study;

      (11)   Utilities impact study;

      (12)   Drainage impact study; and

      (13)   Such other relevant information as City Council may require to determine the propriety of initiating the ordinance for district change.

   (e)   In conformance with the Charter, subsequent to initiation by a member of Council of an ordinance or resolution establishing, amending, revising, changing, or repealing zoning districts, uses, regulations, or other provisions of this Zoning Code, the presiding officer of Council shall, immediately after the first reading of the ordinance or resolution, set a date for a public hearing before the Planning Commission, to be held not earlier than fifteen (15) days after the first reading.

   (f)   Immediately after the hearing, a copy of the ordinance or resolution establishing, amending, revising, changing, or repealing zoning districts, uses, regulations, or other provisions of this Zoning Code and, if applicable, the development plan, shall be referred to the Planning Commission. The Planning Commission shall recommend such conditions or amendments with respect to the ordinance or resolution and, if applicable, the development plan, as it deems reasonable and necessary. Within thirty (30) days of referral, the Planning Commission shall return to the Clerk of Council the written recommendations of a majority of the members of the Planning Commission.

   (g)   The Planning Commission and City Council shall give consideration to the following standards in making recommendations and taking action with regard to proposed district changes:

      (1)   The compatibility of the proposed zoning district and the features of the proposed development plan with the characteristics of the site and of the surrounding areas;

      (2)   The potential impacts of the proposed uses of the district in terms of traffic, storm water, utility demand, noise, and other impacts;

      (3)   The impacts of the proposed district and development plan on the health, safety, welfare, and morals of the community; and

      (4)   The compatibility of the proposed district and development plan with a comprehensive plan, or any area plans, to surrounding zoning districts, and to existing and planned land uses.

   (h)   At the next meeting of Council subsequent to receiving the recommendations of the Commission, the ordinance or resolution shall be given its second reading.

   (i)   Council may adopt, deny, or adopt with modifications the recommendations of the Commission. A development plan, along with any conditions or amendments to the petition, shall, upon adoption by Council, become part of the district change and shall be deemed incorporated by reference into legislation amending the district. The development plan, conditions, and amendments shall bind any future development or use of the subject lots.

   (j)   A concurring vote of at least three fourths (¾) of the membership of Council shall be necessary to pass any zoning ordinance or resolution which differs from the written recommendations of the Planning Commission, but in no event shall an ordinance or resolution be considered as having passed unless it receives at least a majority vote of the members of Council.

   (k)   After a proposed district change is denied by City Council, at least twelve (12) months shall elapse before another petition for a district change for the same lot(s) to the same district can be considered.

   (l)   A development plan may be amended following the same procedure and standards for approval of the original district amendment.

   (m)   The development plan as approved by Council, shall constitute an amendment of the official Zoning Map and a supplement to the Zoning Code as it applies to the land included in the approved district amendment.

   (n)   An extension of the time limit may be approved by the Planning Commission. Such approval shall be given upon a finding of evidence of reasonable effort toward the accomplishment of the original development plan within the time limit, and that such extension is not in conflict with the general health, safety and welfare of the public or the development standards of this Code.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   Any person directly affected by a decision of the Planning and Zoning Administrator or a notice or order issued under this Zoning Code shall have the right to appeal to the BZBA, provided that a written application for appeal is filed within fourteen (14) days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this Code do not fully apply.

   (b)   Unless otherwise provided in this Code, an applicant refused such approval, exception, certificate or variance shall appeal in writing to Council within thirty (30) days of the date of refusal by the BZBA. The Council shall set a date for a hearing on the appeal and render a decision on the appeal within thirty (30) days of the receipt of such written request. A resolution stating the decision of Council shall be introduced and passed at the next regular meeting following the hearing.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   In the event of a violation of any provision of this Code, or imminent threat thereof, the City, or the owner of any contiguous or neighboring property who would be especially damaged by such violation, in addition to any other remedies provided by law, may institute a suit for injunction to prevent or terminate such violation. The City may file for a judgment for damages if the violation is deemed to have caused damages to the City.

   (b)   Unless otherwise provided in this Code, all zoning certificates, permits or other approvals granted by the Planning and Zoning Administrator, Planning Commission or BZBA, shall be valid for a period of one (1) year from date of approval by the BZBA or date of issue by the Planning and Zoning Administrator.

   (c)   Once a building permit is secured, a zoning certificate, permit or other approval shall be considered to expire when that building permit expires.

   (d)   Within that period, that applicant must complete the following for the proposed improvement:

      (1)   If required, submit a subsequent zoning application;

      (2)   If required, secure a building permit; and

      (3)   If no other permits are required, construct the proposed improvement.

   (e)   Any application that is incomplete or otherwise un-issued by the Planning and Zoning Administrator shall expire one (1) year from the date of application.

   (f)   One (1) additional period of six (6) months may be granted by the Planning and Zoning Administrator upon finding that unique circumstances warrant the additional time and that the conditions upon which approval was granted have not changed.

   (g)   Any person, firm or corporation who violates any regulation, provision or amendment of this Code, or fails to obey any lawful order of the Planning and Zoning Administrator, shall be fined not more than two hundred fifty dollars ($250.00). A separate offense shall be deemed committed for each and every day during or upon which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use occurs or continues.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)