Strasburg City Zoning Code
PLANNING COMMISSION
DISTRICT CHANGES AND AMENDMENTS
§ 153.205 PURPOSE.
The purpose of the Planning Commission is to review and make recommendations regarding zoning-related matters, such as regulations and policies, to review and authorize projects which conform to the provisions of this chapter, and to perform other duties as determined by the Village Council. The Planning Commission shall have the powers and duties as described in this chapter.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.206 ORGANIZATION AND PROCEDURES.
(A) Appointment. The Planning Commission has been established by Council pursuant to R.C. § 713.01 and consists of five voting members, including the Mayor, one member of the legislative authority to be elected thereby for the remainder of his or her term as such member of the legislative authority and three citizens to be appointed by the Mayor for terms of six years each. All such members shall serve without compensation. Any member may hold any other public office.
(B) Officers and rules. The Planning Commission shall organize annually and elect a chairperson, vice-chairperson and Secretary. The Commission shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter; provided, however, that such rules are consistent with all other ordinances of the municipality.
(C) Quorum. Three members of the Commission shall constitute a quorum. A simple majority of the Planning Commission, if in attendance, shall be necessary to take any action in which the Commission has jurisdiction.
(D) Meetings. Meetings shall be held at the call of the chairperson and at such other times as the Commission may determine. All meetings of the Planning Commission shall be public.
(E) Minutes and records. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Clerk and shall be a public record.
(F) Officials and employees shall assist Commission. The Planning Commission may call upon the various officials and employees of the village for assistance in the performance of its duties, and it shall be the duty of such officers and departments to render such assistance to the Planning Commission as may reasonably be required.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.207 APPLICATIONS TO PLANNING COMMISSION.
Any person, firm or corporation owning or leasing land and/or a structure or portion of a structure may file an application with the Zoning Inspector who shall transmit same to the Planning Commission. Applicants are encouraged, but not required, to contact the Zoning Inspector to review the requirements for applications prior to submittal. An application to the Planning Commission shall contain two original collated sets of the information listed below:
(A) An application form, available from the Zoning Inspector, to be completed and signed by the applicant and property owner(s);
(C) Names and addresses of property owners and occupants of properties within 200 feet of the subject property; and
(D) A fee as required in this chapter.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.208 NOTICES AND HEARINGS.
(A) Date for public hearing. Upon the filing of an application, the Commission shall, when required, set a date for a public hearing thereon, which date shall not be less than 20 nor more than 40 days from the date of the filing of a complete application.
(B) Public hearing by Commission. Before submitting its recommendation on a proposed amendment to the Village Council, the Commission shall hold a public hearing, notice of which shall be given by publication in a newspaper of general circulation in the municipality at least 20 days before the date of the hearing. The notice shall state the place or places and times at which the proposed amendment to the ordinance, including text and maps, may be examined.
(C) Notice to property owners. If the proposed amendment or supplement intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by first-class mail at least 20 days before the date of the public hearing to all owners of property within and contiguous to and directly across the street from such area proposed to be rezoned to the address of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and to such other list or lists that may be specified by the Commission. The notice shall state the place or places and times at which the proposed amendment to the ordinance, including text and maps, may be examined. The failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder, it being the intention of this section to provide, so far as may be possible, due notice to persons substantially interested in the proposed change that an application is pending before the Commission, proposing to make a change in the zoning district map or the regulations set forth in this chapter.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.209 ACTION BY THE PLANNING COMMISSION; COUNCIL.
(A) Action of Commission. The Planning Commission shall make a recommendation on the proposed amendment to the Village Council. The Commission may recommend that the application be approved as requested, it may recommend a modification of the zoning amendment requested in the application or it may recommend that the application be not approved. The Planning Commission shall make its recommendation within 30 days after the public hearing
(B) Public hearing and action by the Village Council. The recommendation of the Commission along with any necessary supporting documents shall be forwarded to Village Council for their review. After receiving said recommendation and before adoption of such amendment, the Village Council shall hold a public hearing thereon, at least 30 days’ notice of the time and place of which shall be given by publication in a newspaper of general circulation in the municipality. The notice may run concurrently with the notice of the Planning Commission hearing required by § 153.208(B) and shall state the place or places and times at which the proposed amendment to the ordinance including text and maps may be examined and other notices as required by state statutes. Within 20 days after holding the public hearing, the Village Council shall consider such recommendations and vote on the amendment. No such ordinance, which differs from or departs from the recommendation of the Commission, shall take effect unless passed or approved by not less than three-fourths of the membership of the Council.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.210 DISTRICT CHANGES AND AMENDMENTS.
(A) Procedure for change in chapter.
(1) Amendments or supplements to the zoning ordinance may be initiated by motion of the Planning Commission, by the passage of an ordinance therefor by the Village Council, or by the filing of an application therefor by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Planning Commission. Additionally, any resident, property owner or official of the community may suggest an amendment to this chapter, which the Council and/or the Planning Commission may decide to study.
(2) Whenever a lot split, or creation of a new lot, results in one of the new lots being subject to two different zoning districts, the Commission, by motion and majority vote, may zone that lot to become wholly the district representing the majority of the lot. Absent that action, zoning would need to be established for the multi-zoned lot as defined in §§ 153.208 and 153.209 or otherwise stay as a multi-zoned lot.
(B) Criteria for amendments. Amendments to the zoning ordinance and the district map may be approved if all of the following criteria are met:
(1) The amendment is consistent with the purpose of the district;
(2) The property to be rezoned is similar in character to other areas of the community that which are in the same zoning district; and
(3) The amendment will not create a case of spot zoning, i.e., assign a property to a zoning district where it does not conform to the purpose.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.211 LAND ANNEXED TO THE VILLAGE.
All land annexed to the village subsequent to the adoption of this chapter shall remain subject to the previous county or township zoning district until such time as the official district map is amended according to the provisions of this subchapter. All land annexed to the village which, prior to annexation, is not subject to county or township zoning shall remain unzoned until the official district map is amended according to the provisions of this subchapter. The Planning Commission shall recommend an appropriate zoning classification for newly annexed land to Council. This classification will be determined through the amendment procedures as set forth in this subchapter, in conjunction with the annexation request. In order for an annexation request to be considered, the applicant must submit an application requesting the determination of zoning classification in accordance with § 153.207.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.212 CONDITIONAL USE REQUIRES PLANNING COMMISSION APPROVAL.
Conditional use approval from the Planning Commission shall be required prior to the issuance of zoning certificates for certain types of uses, so classified because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements or special nature relative to size, design, location and mode of operation that each use be considered individually. Such use shall not be permitted by right. Uses which are conditionally permitted in §§ 153.040 through 153.043 must conform to all requirements of the zoning district, and may be permitted only if they conform to standards provided in this subchapter.
(A) Criteria for conditional use. The Planning Commission shall review an application for a conditional use in terms of the following standards and shall find adequate evidence that such use at the proposed location shall conform to the following standards:
(1) Harmony with neighborhood character. Will be in harmony with the existing or intended character of the neighborhood and that such use will not change the essential character of the area;
(2) No adverse impacts on neighbors. Will not adversely affect the use of the adjacent property;
(3) No hazard to health, safety and welfare. Will not adversely affect the health, safety or welfare of persons residing or working in the neighborhood;
(4) Adequate public facilities. Will be served adequately by public facilities and services such as, but not limited to, streets, police and fire protection, drainage facilities, water, sewer or schools; and
(5) Conforms with intent of chapter. Will be in accordance with the general or specific objectives, and the purpose and intent of this chapter.
(B) Action by the Planning Commission. If after review of the information available, the Commission finds that, in its opinion, a request does not meet the above criteria, the request shall be denied. In granting any conditional use permit, the Planning Commission may impose such conditions in connection therewith as it may deem necessary to protect the public welfare and convenience, preserve the purpose and intent of this chapter, and protect the character of the neighboring properties. Such conditions may include, but shall not be limited to, the regulation of:
(1) Screening and buffers;
(2) Noise;
(3) Hours of operation;
(4) Access and traffic;
(5) Location of parking;
(6) Glare;
(7) Vibration;
(8) Odors;
(9) Dust;
(10) Smoke;
(11) Hazardous materials; and
(12) Waste disposal.
(C) Terms of approval of conditional uses.
(1) If a conditional use approved by the Commission is sold, leased or transferred, the successor or assigns shall be bound by the same conditions as approved by the Planning Commission. Any alteration of the conditionally permitted use by the successor or assign shall require approval by the Planning Commission of a new, separate conditional use permit.
(2) Conditional use approval shall become null and void if within six months of the date of issuance, the property owner or agent does not apply for a zoning certificate, or if the use shall cease for a period of one year after it has been established.
(D) Revocation of conditional use permit. A conditional use permit may be revoked if the established conditions for approval are violated. The Zoning Inspector shall advise the Planning Commission of any violations, and the Planning Commission may then revoke the conditional use permit in accordance with § 153.172.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.999 PENALTY.
(A) Any person, firm or corporation violating any regulation in or any provision of this chapter, or any amendment or supplement thereto, shall be deemed guilty of a minor misdemeanor. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues may be deemed a separate offense.
(Ord. O-38-2020, passed 12-14-2020)