The purpose of this section is to establish the review procedures and application requirements used in the enforcement and administration of this zoning code. All development subject to the provisions of this zoning code (see § 154.01(E)) shall also be subject to the procedures established in this section.

(Ord. 5-14, passed 3-17-2014)

The requirements of this section shall apply to all applications and procedures subject to development review under this code, unless otherwise stated.

(1)

Authority to File Applications.

(a)

Unless otherwise specified in this code, development review applications defined in this code may be initiated by:

(i)

An owner of the property that is subject of the application; or

(ii)

An agent authorized by the owner, which may include a lessee of the property.

(b)

For zoning map amendments, all property owners subject to the amendments application shall be required to sign the application.

(c)

If the application applies to more than 1 lot or property, the owner or their authorized agent of each property shall be required to sign the application.

(d)

The Planning Board or City Council may initiate zoning text and map amendments under this code with or without written authorization or application from the property owner who may be affected.

(2)

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 Community and Economic Development Department and made available to the public.

(3)

Application Contents.

(a)

Applications required under this code shall be submitted in a form and in such numbers as established by the Zoning Administrator and made available to the public. A checklist of submittal requirements shall be included with the related application form.

(b)

Applications shall be accompanied by a fee as established by City Council pursuant to 0.

(c)

Complete Application Determination.

(i)

The Zoning Administrator shall only initiate the review and processing of applications submitted under this chapter if such application is determined to be complete.

(ii)

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 as identified in § 154.03(B)(3).

(iii)

The Zoning Administrator shall make a determination of application completeness within 5 business days of the application filing.

(iv)

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.

(v)

If an application is determined to be incomplete, the Zoning Administrator 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 Zoning Administrator determines that the application is complete.

(vi)

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.

(vii)

If the applicant fails to correct all deficiencies and submit a complete application within 60 days of the notice provided by the Zoning Administrator, 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 Zoning Administrator may grant 1 60-day extension if just cause is shown.

(viii)

No reconsideration of an incomplete application shall occur after expiration of the 60-day period, and an applicant in need of further development approval under the code shall, pursuant to all of the original requirements of § 154.03(B)(3), submit a new application, and submit a new filing fee.

(ix)

If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.

(4)

Simultaneous Processing of Applications. Whenever 2 or more forms of review and approval are required under this code, the Zoning Administrator shall determine the order and timing of review. The Zoning Administrator may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.

(5)

Effect of Pre-application Conferences or Meetings. No action can be taken by the staff and/or any boards until 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 applicant and/or applicant's representative(s) and staff and/or city boards that occur prior to the date applicant submits an actual application and/or plan including but not limited to, any informal meetings with city staff, 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.

(6)

Fees.

(a)

Any application for development review 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 City Council or the Planning Board.

(b)

The fees shall be in addition to any other fees that may be imposed by the city, state, Miami County, or other agency having jurisdiction.

(c)

Such fees are adopted to cover the cost to the city for investigations, legal advertising, postage, and other expenses resulting from the administration of the respective zoning activities.

(d)

No application shall be processed or determined to be complete until the established fee has been paid.

(e)

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 Zoning Administrator is authorized to collect such additional costs from the applicant.

(f)

Application fees are not refundable, except where the Zoning Administrator 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.

(7)

Public Notification for Public Meetings. Applications for development approval that require public meetings shall comply with all applicable state requirements and all requirements established in Chapter 36 of the Tipp City Code of Ordinances.

(8)

Public Notification for Public Hearings.

(a)

Applications for development approval that require public hearings shall comply with all applicable state requirements, all requirements established in Chapter 36 of the Tipp City Code of Ordinances, and the provisions of this code with regard to public notification.

(b)

The Zoning Administrator shall be responsible for providing the published and written notice as required by this subsection.

(c)

Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:

(i)

Identify the address or location of the property subject to the application and the name and address of the applicant or the applicant's agent;

(ii)

Indicate the date, time, and place of the public hearing;

(iii)

Describe the land involved by street address, or by legal description and the nearest cross street, and project area (size);

(iv)

Describe the nature, scope, and purpose of the application or proposal;

(v)

Identify the location (e.g., the offices of the Community and Economic Development Department) where the public may view the application and related documents;

(vi)

Include a statement that the public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application; and

(vii)

Include a statement describing where written comments will be received prior to the public hearing.

(d)

Notice Requirements. Published and mailed notice for public hearings shall be provided as defined in Table 154.03-1 below.

(e)

Published Notice.

(i)

Published notice shall be provided in a newspaper of general circulation.

(ii)

The content and form of the published notice shall be consistent with the requirements of this section and state law.

(f)

Written (Mailed) Notice.

(i)

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.

(ii)

Written notice shall be postmarked no later than amount of days specified in Table 154.03-1 prior to the hearing date at which the item will be considered.

(g)

Posting of Signs. When the posting of a sign is required, the Zoning Administrator shall cause a printed sign to be placed on the subject property in a prominent position bearing, at a minimum, "rezoning pending from "___" classification to "___" classification." The sign shall be posted 15 days prior to the date of the hearing.

(h)

Constructive Notice.

(i)

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.

(ii)

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.

(9)

Conduct of Public Hearing.

(a)

Rights of All Persons. 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 his or her address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.

(b)

Continuance of a Public Hearing or Deferral of Application Review.

(i)

An applicant may request that a review or decision-making body's consideration of an application at a public hearing be deferred by submitting a written request for deferral to the Zoning Administrator prior to the publication of notice. as may be required by this code. The Zoning Administrator may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.

(ii)

A request for deferral of consideration of an application received by the Zoning Administrator after publication of notice. of the 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 review or decision-making body.

(iii)

The review or decision-making body 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.

(c)

Withdrawal of Application. Any request for withdrawal of an application shall be either submitted in writing to the Zoning Administrator or made through a verbal request by the applicant prior to action by the review or decision-making body.

(i)

The Zoning Administrator shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice. for the public hearing on the application in accordance with this code.

(ii)

If the request for withdrawal of an application is submitted after publication of notice. for the public hearing in accordance with this code, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision-making body.

(iii)

In all cases where the applicant has requested the withdrawal of an application, the application fee paid shall not be refunded.

(10)

Examination and Copying of Application and Other Document. Documents and/or records may be inspected and/or copied as provided for by state law.

(11)

Effect of any Approvals.

(a)

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.

(b)

All approvals shall run with the land or use and shall not be affected by change in ownership.

(12)

Subsequent Development.

(a)

Development authorized by any approval under this section and this zoning 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.

(b)

The granting of any approval or permit shall not guarantee the approval of any other required permit or application.

(c)

The city shall not be responsible for reviewing the application for compliance with any permits, certificates, or other approvals that may be required by the county, state, or other agencies having jurisdiction.

(13)

Computation of Time.

(a)

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, in which case the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday as observed by the Tipp City where the city administrative offices are closed for the entire day.

(b)

When the period of time prescribed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).

(c)

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 Tipp City in which the city administrative offices are closed for the entire day.

(Ord. 5-14, passed 3-17-2014)

(1)

Purpose. The purpose of the zoning text and zoning map amendment procedure is to provide a process for amending the zoning map and text of this code.

(2)

Applicability. This section shall apply to requests to amend the text of this zoning code or amend the Official Zoning Map of Tipp City, hereafter referred to as the "zoning map."

(3)

Initiation.

(a)

For a zoning map amendment of a specific property, any person who has authority to file an application (See § 154.03(B)(1)) for such property may initiate an amendment by filing an application with the Zoning Administrator.

(b)

The City Council, Zoning Administrator, or the Planning Board may initiate zoning text amendments.

(c)

City Council or the Zoning Administrator may initiate a zoning text or map amendment by referring a recommendation on an amendment to the Planning Board.

(d)

The Planning Board may initiate a zoning text or map amendment by adopting a motion to make such amendment.

(4)

Zoning Text or Map Amendment Review Procedure. The review procedure for a zoning text or map amendment shall be as follows:

(a)

Step 1 - Pre-application Conference (Optional).

(i)

Prior to filing an application, an applicant may request a meeting with the Zoning Administrator or city staff for a pre-application conference to discuss the proposed amendment.

(ii)

An applicant may also request to meet with the Planning Board or City Council during a scheduled work session of the applicable board to discuss the proposed amendment prior to submitting an application. Such request shall be submitted to the Zoning Administrator in writing according to the established deadlines of the applicable board's next meeting.

(iii)

The applicant shall supply preliminary information to the Community and Economic Development Department in a form established by the Zoning Administrator. The applicant shall submit such information at least 3 business days prior to the scheduled meeting.

(iv)

The purpose of the pre-application conference shall be to discuss the proposed development, review submittal requirements, and discuss compliance with the provisions of this code and the comprehensive plan prior to the submission of an application.

(v)

Any pre-application conference or meeting with a board shall be subject to § 154.03(B)(5).

(b)

Step 2 - Application.

(i)

For amendments that are not initiated by the Planning Board or City Council, the applicant shall submit an application in accordance with § 154.03(B), and with the provisions of this section.

(ii)

Amendments initiated by City Council shall be referred to the Planning Board for review.

(c)

Step 3 - Staff Review and Staff Report.

(i)

Upon determination that a text or zoning map amendment application is complete, the Zoning Administrator shall refer the application to the Planning Board and shall schedule a public hearing.

(ii)

Prior to the Planning Board hearing for the text or map amendment, the Zoning Administrator shall review the application and prepare a staff report.

(d)

Step 4 - Planning Board Review and Recommendation.

(i)

The Planning Board shall hold a public hearing on the zoning text or map amendment no less than 20 days and no more than 60 days after the application is determined to be complete.

(ii)

The Planning Board shall review the amendment application during a public hearing. In reviewing the application, the Planning Board shall at a minimum, consider the staff report from the Zoning Administrator and the review criteria of this section.

(iii)

Within 45 days of the close of the public hearing, the Planning Board shall make a recommendation to City Council on the application. In making its recommendation, the Planning Board may recommend approval, approval with some modification, or denial of the application.

(e)

Step 5 - City Council Review and Decision.

(i)

Following receipt of the recommendation from the Planning Board (Step 4), City Council shall set a time for a public hearing on the proposed amendment that is no less than 20 days and no more than 60 days from receipt of the Planning Board's recommendation.

(ii)

City Council shall review a text or zoning map amendment application during a public hearing. In reviewing the application, City Council shall at a minimum, consider the staff report from the Zoning Administrator and the review criteria of this section.

(iii)

Within 30 days of the close of the public hearing, City Council shall adopt, adopt with some modification, or deny the recommendation of the Planning Board. In the event City Council denies or modifies the recommendation of the Planning Board, it shall do so by no less than a minimum of 4 votes.

(iv)

No such ordinance adopting, adopting with some modification, or denying the application shall be passed unless it has been fully and distinctly read in accordance with the Rules of Council on 2 different days except that such ordinance may become emergency legislation if ⅔ of the members of City Council vote to dispense with this rule.

(5)

Zoning Text or Map Amendment Review Criteria. Recommendations and decisions on zoning text or map amendment applications 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.

(a)

The proposed amendment is consistent with the comprehensive plan, other adopted city plans, and the stated purposes of this code;

(b)

The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions;

(c)

The proposed amendment will promote the public health, safety, and general welfare;

(d)

The proposed amendment, if amending the zoning map, is consistent with the stated purpose of the proposed zoning district;

(e)

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; and/or

(f)

The proposed amendment is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract.

(Ord. 5-14, passed 3-17-2014; Ord. No. 12-24, § 2, 5-6-2024)

(1)

Purpose. The purpose of the special use approval procedure is to provide a process for reviewing an authorizing uses that, due to their unique and special nature relative to location, design, size, method of operation, circulation, and general impact on the community, need to be evaluated on an individual basis.

(2)

Applicability. This section shall apply to all applications for establishment of a special use as may be identified in this code.

(3)

Initiation. Any person who has authority to file an application (see § 154.03(B)(1)) for such property may initiate an application for a special use review by filing an application with the Zoning Administrator.

(4)

Special Use Review Procedure. The review procedure for a special use review shall be as follows:

(a)

Step 1 - Pre-application Conference (Optional).

(i)

Prior to filing an application, an applicant may request a meeting with the Zoning Administrator or city staff for a pre-application conference to discuss the proposed special use.

(ii)

The applicant shall supply preliminary information to the Community and Economic Development Department in a form established by the Zoning administrator. The applicant shall submit such information according to the established deadlines of the Planning Board's next meeting.

(iii)

The purpose of the pre-application conference shall be to review the draft application and related plans with the Zoning Administrator and other staff members, as appropriate, and to identify any initial conflicts between the application and this code.

(b)

Step 2 - Application. The applicant shall submit an application in accordance with § 154.03(B), and with the provisions of this section.

(c)

Step 3 - Staff Review and Staff Report.

(i)

Upon determination that a special use review application is complete, the Zoning Administrator shall refer the application to the Planning Board and shall schedule a public hearing.

(ii)

Prior to the Planning Board hearing for the special use review, the Zoning Administrator shall review the application and prepare a staff report.

(d)

Step 4 - Planning Board Review and Decision.

(i)

The Planning Board shall hold a public meeting or public hearing (as applicable) on the special use review application within 60 days after the application is determined to be complete.

(ii)

The Planning Board shall review the special use review application during a public meeting or public hearing, as applicable. In reviewing the application, the Planning Board shall at a minimum, consider the staff report from the Zoning Administrator and the review criteria of this section.

(iii)

Notification of the public meeting or hearing shall be provided in accordance with § 154.03(B)(7) and/or § 154.03(B)(8), as applicable.

(iv)

When a special use is only subject to review at a public meeting, the Planning Board shall review and make a decision on the application within 90 days from when the application is determined to be complete.

(v)

When a special use is subject to review at a public hearing, the Planning Board shall have 45 days of the close of the public hearing to make a decision on the application.

(vi)

In making its decision, the Planning Board may approve, approve with modifications or supplementary conditions, or deny the application.

(vii)

If approved, the Planning Board shall direct the Zoning Administrator to issue a special use permit listing any conditions specified by the Planning Board in granting its approval.

(5)

Special Use Review Criteria. Decisions on a special use review application shall be based on consideration of the following review criteria. All special uses shall be subject to review under the criteria of this section, as applicable, and may be subject to additional use-specific standards.

(a)

The proposed special use is established as a special use (may be a principal or accessory use) permitted in the applicable zoning district;

(b)

The proposed use is consistent with the spirit, purpose and intent of the comprehensive plan and the general purpose of this code as established in § 154.01(A);

(c)

The proposed use complies with any use-specific standards as may be established for the use;

(d)

The proposed use shall be adequately served by essential public facilities as listed in § 154.01(E)(2);

(e)

Any building or structure constructed, reconstructed, or altered as part of a special use in a residential zoning district shall, to the maximum extent feasible, maintain the exterior appearance of residential buildings of the type otherwise permitted and shall have suitable landscaping, screening, and fencing wherever deemed necessary by the Planning Board;

(f)

The proposed use will comply with all applicable development standards, except as specifically altered by the Planning Board in the approved special use;

(g)

The proposed use will be harmonious with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area;

(h)

The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;

(i)

The circulation on and access to the property shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;

(j)

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;

(k)

The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; and

(l)

Wherever no specific areas, frontage, height, or setback requirements are specified in provision for a specific special uses, then such use shall be subject to the site development standards for the applicable zoning district (see § 154.04(H)).

(6)

Additional Criteria and Conditions.

(a)

The Planning Board shall be authorized to waive or modify requirements that apply to the special use as may be necessary to achieve compatible development with adjacent land areas as well as in the interest of the community in general where the Planning Board finds that such waiver or modification will further the protection of the general welfare, protect individual property rights, and ensure that the special use will meet the intent and purposes of this code.

(b)

The Planning Board may also impose additional conditions, guarantees, and safeguards as it deems necessary to protect the general welfare and individual property rights, and to ensure that the special use will meet the intent and purposes of this code.

(7)

Revocation of Special Use Permit. The breach of any condition, safeguard, or requirement shall automatically invalidate the special use permit granted, and shall constitute a violation of this code. Such violation shall be punishable as specified in Section 154.13: Enforcement and Penalties.

(8)

Time Limit.

(a)

A special use permit shall be deemed to authorize only 1 particular special use and said permit shall automatically expire if, for any reason, the special use shall cease for more than 2 years.

(b)

The applicant shall submit a completed application for a zoning permit within 1 year of the date the special use permit was issued or the approval shall expire.

(c)

Upon expiration of a special use permit approval, a new application, including all applicable fees, shall be required before a special use application will be reviewed.

(d)

Upon written request, 1 extension of 6 months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.

(e)

The Planning Board may authorize alternative time limits for zoning permit and certificate of occupancy issuance based on the scale of the proposed development.

(9)

Reapplication.

(a)

No application for a special use review, which has been denied wholly or in part by the Planning Board, shall be resubmitted within 1 year of such denial, except on grounds of newly discovered evidence or proof, which the Zoning Administrator deems sufficient to justify reconsideration.

(b)

A substantial modification of a request for a special use review may be submitted as a new application, however, without regard to the one-year limitation. Before ruling on the new application, the Zoning Administrator shall first determine if the modification of the request is substantial.

(10)

Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Board shall have the right to appeal the decision to the BZA as established in § 154.03(M).

(Ord. 5-14, passed 3-17-2014)

(1)

Purpose. The Old Tippecanoe Restoration and Architectural (RA) District serves as a visible reminder of the history and cultural heritage of the city, state, and nation. In an effort to preserve the character of this area, the city has established reasonable development standards and design guidelines for buildings and structures within the district. The purpose of the certificate of appropriateness is to provide a method of review for the construction, expansion, alteration, demolition, or other modification of the buildings and structures in the RA district.

(2)

Applicability.

(a)

A COA shall be required for all new construction, exterior reconstruction or alteration, or demolition of buildings and structures in the RA district unless specifically exempted by this zoning code.

(b)

All applications for a COA that include any of the following work shall be subject to review by the Restoration Board in accordance with § 154.03(E)(5):

(i)

Construction, expansion, or demolition (partial or complete) of all new or existing buildings and structures;

(ii)

Any application that includes a related alternative equivalent compliance application; or

(iii)

Any substantial change in building materials, building elements (e.g., doors, windows, architectural ornamentation, etc.) as may be determined by the Zoning Administrator.

(c)

All other applications for a COA shall be reviewed by the Zoning Administrator in accordance with § 154.03(E)(4).

(d)

The Zoning Administrator shall have the authority to forward a COA application to the Restoration Board for review pursuant to § 154.03(E)(5) if the Zoning Administrator finds:

(i)

That the proposed use or development could potentially create significant impacts on an adjacent property based on the intensity or proximity of the proposed use, construction, alteration, or other modification; or

(ii)

There is difficulty in interpreting the application of a standard or regulation as it pertains to the subject site and the applicable standards.

(3)

Initiation. An application for a COA may be initiated by the property owner or other person with authority to file an application pursuant § 154.03(B)(1).

(4)

COA Review Procedure by the Zoning Administrator. The review procedure for a COA subject to review by the Zoning Administrator shall be as follows:

(a)

Step 1 - Application. The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.

(b)

Step 2 - Zoning Administrator Review and Decision.

(i)

The Zoning Administrator may distribute the application to other staff members and other city departments to solicit comment on the proposed COA application.

(ii)

Within 30 days after the application is determined to be complete, the Zoning Administrator shall make a decision on the application. In making its decision, the Zoning Administrator may approve or deny the application. The Zoning Administrator shall also have the authority to forward the application to the Restoration Board for review pursuant § 154.03(E)(5).

(iii)

Prior to finalizing approval of the application, the Zoning Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance. 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 Zoning Administrator.

(c)

Step 3 - Zoning Permit Application.

(i)

Following the formal approval of the COA application, the Zoning Administrator shall issue a COA.

(ii)

Following issuance of a COA, the applicant may immediately submit an application for a zoning permit as established in § 154.03(H). The applicant may also request simultaneous application review of the COA and zoning permit in accordance with § 154.03(B)(4).

(5)

COA Review Procedure by the Restoration Board.

(a)

Step 1 - Pre-application Conference (Optional).

(i)

Prior to filing an application, an applicant may request a meeting with the Zoning Administrator or city staff for a pre-application conference to discuss the subject application.

(ii)

An applicant may also request to meet with the Restoration Board during a scheduled work session to discuss the proposed application and development. Such request shall be submitted to the Zoning Administrator in writing at least 30 days in advance of the Restoration Board's next meeting.

(iii)

The applicant shall supply preliminary information to the Community and Economic Development Department in a form established by the Zoning Administrator. The applicant shall submit such information according to the established deadlines of the Restoration Board's next meeting.

(iv)

The purpose of the pre-application conference shall be to review the draft site plan with the Zoning Administrator and other staff members, as appropriate, and to identify any initial conflicts between the application, this code, and any applicable design guidelines.

(b)

Step 2 - Application.

(i)

The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.

(ii)

In making application, the Restoration Board may request that the applicant provide exhibits, sketches, examples of materials, renderings, or other documentation to assist in their decision.

(c)

Step 3 - Staff Review and Staff Report.

(i)

Upon determination that a COA application is complete, the Zoning Administrator shall refer the application to the Restoration Board and shall schedule a public meeting.

(ii)

Prior to the Restoration Board meeting for the subject application, the Zoning Administrator shall review the application and prepare a staff report.

(d)

Step 4 - Restoration Board Review and Decision.

(i)

The Restoration Board shall review the application during a public meeting. In reviewing the application, the Planning Board shall at a minimum, consider the staff report from the Zoning Administrator, the applicable design guidelines, and the review criteria of this section.

(ii)

The Restoration Board may review any related alternative equivalent compliance applications simultaneously with the COA application.

(iii)

Notification of the meeting shall be provided in accordance with § 154.03(B)(7).

(iv)

Within 60 days after the COA application is determined to be complete or is forwarded to them by the Zoning Administrator, the Restoration Board shall hold a public meeting to review the application and make a decision on the application. In making its decision, the Restoration Board may approve, approve with modifications, or deny the application.

(v)

The COA application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, plans, and documents to the Zoning Administrator that will illustrate the development as approved by the Restoration Board including any approved changes or modifications.

(vi)

The Restoration Board's approval shall constitute a site plan approval for the purposes of this code unless the application is for the construction of a new principal building in which case, the applicant shall be required to obtain site plan approval as established in § 154.03(F).

(e)

Step 5 - Site Plan Review or Zoning Permit Application.

(i)

Following the formal approval of the COA application, the Zoning Administrator shall issue a COA.

(ii)

Following issuance of a COA, the applicant may immediately submit an application for a zoning permit or site plan review, as applicable. The applicant may also request simultaneous application review of the COA, site plan, and/or zoning permit in accordance with § 154.03(B)(4).

(6)

COA Review Criteria. Decisions on a COA application shall be based on consideration of the following criteria:

(a)

The proposed development is in compliance with all the requirements of this code and other related codes and ordinances enforced by the city;

(b)

The proposed development is in compliance with the applicable base zoning district and any applicable overlay districts;

(c)

The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., previously approved planned unit developments, special use approvals, variance approvals, etc.);

(d)

The proposed development complies with the purpose of the RA district and the adopted design manual;

(e)

If the proposed development is subject to review by the Restoration Board, the board shall have the authority to:

(i)

Determine whether the proposed development will be appropriate to the preservation of the RA district as established in the purpose and standards of the RA district and the design manual;

(ii)

Require that any modifications be made in the spirit of the applicable structure's architectural style, and that additions to such structures be made in a style that should complement the original architectural style; and

(iii)

Recommend changes to the applicant that the board determines will reasonably bring the application more into compliance with the adopted standards and design manual.

(f)

In the case of removal or demolition, that the proposed change complies with the specific standards of § 154.05(C).

(7)

Time Limit.

(a)

The applicant shall submit a completed application for a zoning permit within 1 year of the date the COA was approved or the approval shall expire. The date of approval shall be the date the Zoning Administrator issues the COA.

(b)

Upon expiration of a COA, a new application, including all applicable fees, shall be required before a new application will be reviewed.

(c)

Upon written request, 1 extension of 1 year may be granted by the Zoning Administrator if the applicant can show good cause for a delay.

(d)

The Restoration Board may authorize alternative time limits for zoning permit and certificate of occupancy issuance based on the scale of the proposed development.

(8)

Amendments of a COA after Approval.

(a)

The Zoning Administrator shall have the authority to review and make decisions on amendments to an approved COA under the same review procedure as established in § 154.03(E)(4).

(b)

If the approved COA was originally approved by the Restoration Board and contains substantial changes, as determined by the Zoning Administrator, the amendment shall be reviewed by the Restoration Board in accordance with § 154.03(E)(5).

(9)

Posting of the COA. The COA must be conspicuously posted on the premises throughout the time of any construction related to the approved COA.

(10)

Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator or Restoration Board shall have the right to appeal the decision to the BZA as established in § 154.03(M).

(Ord. 5-14, passed 3-17-2014)

(1)

Purpose. The purpose of the site plan review procedure is to ensure that large-scale residential developments and all nonresidential developments comply with the development and design standards of this code. Zoning permits for any building, structure, expansions, or use of land subject to this section, shall not be issued without an approved site plan.

(2)

Applicability.

(a)

Unless specifically exempted in § 154.03(F)(3), no construction or expansion of a building or structure, or use of land, buildings, or structures, shall be permitted without the review and approval of a site plan pursuant to this section.

(b)

The demolition of a structure, or portion of a structure, shall not require site plan approval but may be subject to a demolition permit review and approval in accordance with § 94.29 of the Tipp City Code of Ordinances. The demolition or moving of a structure within the Restoration District shall also be subject to § 154.05(C)(7).

(c)

All site plans shall be reviewed by the Zoning Administrator pursuant to § 154.03(F)(5) with the exception that the following site plan review applications shall be reviewed by the Planning Board in accordance with § 154.03(F)(6):

(i)

Any site plan where the applicant has submitted an alternative equivalency compliance application for the same development and where such development is not located in the RA district; or

(ii)

Any site plan where the proposed building or structure will have more than 50,000 gross square feet of floor area.

(d)

The Zoning Administrator shall have the authority to forward a site plan application to the Planning Board for review pursuant to § 154.03(F)(6) if the Zoning Administrator finds:

(i)

That the proposed use or development could potentially create significant impacts on an adjacent property based on the intensity or proximity of the proposed use or development; or

(ii)

There is difficulty in interpreting the application of a standard or regulation as it pertains to the subject site.

(3)

Exemptions. The following shall be exempted from site plan review:

(a)

Single-family and two-family dwellings;

(b)

The internal construction or change in floor area of a building or structure that does not increase gross floor area, increase the intensity of use, or affect parking or landscaping requirements on a site that meets all of the development standards of this code; and

(c)

Accessory and temporary uses as established in Section 154.06: Accessory and Temporary Use Regulations.

(4)

Initiation. An application for site plan review may be initiated by the property owner or other person with authority to file an application pursuant § 154.03(B)(1).

(5)

Site Plan Review Procedure by the Zoning Administrator. The review procedure for a site plan subject to review by the Zoning Administrator shall be as follows:

(a)

Step 1 - Application. The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.

(b)

Step 2 - Zoning Administrator Review and Decision.

(i)

The Zoning Administrator may distribute the application to other staff members and other city departments to solicit comment on the proposed site plan application.

(ii)

Within 30 days after the site plan review application is determined to be complete, the Zoning Administrator shall make a decision on the application. In making its decision, the Zoning Administrator may approve the application, deny the application, or forward the application to the Planning Board for review in accordance with § 154.03(F)(6).

(iii)

Prior to finalizing approval of the application, the Zoning Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance. 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 Zoning Administrator.

(c)

Step 3 - Zoning Permit Application. Following the formal approval of the site plan, the applicant may immediately submit an application for a zoning permit approval as established in § 154.03(H).

(6)

Site Plan Review Procedure by the Planning Board. The review procedure for a site plan subject to review by the Planning Board shall be as follows:

(a)

Step 1 - Pre-application Conference (Optional).

(i)

Prior to filing an application, an applicant may request a meeting with the Zoning Administrator or city staff for a pre-application conference to discuss the proposed site plan.

(ii)

The applicant shall supply preliminary information to the Community and Economic Development Department in a form established by the Zoning Administrator. The applicant shall submit such information according to the established deadlines of the Planning Board's next meeting.

(iii)

The purpose of the pre-application conference shall be to review the draft site plan with the Zoning Administrator and other staff members, as appropriate, and to identify any initial conflicts between the draft site plan and this code.

(b)

Step 2 - Site Plan Application. The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.

(c)

Step 3 - Staff Review and Staff Report.

(i)

Upon determination that a site plan review application is complete, the Zoning Administrator shall refer the application to the Planning Board and shall schedule a public meeting or public hearing, as applicable.

(ii)

Prior to the Planning Board meeting for the site plan review, the Zoning Administrator shall review the application and prepare a staff report.

(d)

Step 4 - Planning Board Review and Decision.

(i)

The Planning Board shall review the site plan application during a public meeting or public hearing, as applicable. In reviewing the application, the Planning Board shall at a minimum, consider the staff report from the Zoning Administrator and the review criteria of this section.

(ii)

The Planning Board may review any related alternative equivalent compliance applications simultaneously with the site plan review application.

(iii)

Notification of the meeting shall be provided in accordance with § 154.03(B)(7).

(iv)

Within 60 days after the site plan review application is determined to be complete, the Planning Board shall hold a public meeting to review the application and make a decision on the application. In making its decision, the Planning Board may approve, approve with modifications, or deny the application.

(v)

The site plan review 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 Zoning Administrator that will illustrate the development as approved by the Planning Board including any approved changes or modifications.

(e)

Step 3 - Zoning Permit Application. Following the formal approval of the site plan if applicable, the applicant may immediately submit an application for a zoning permit approval as established in § 154.03(H).

(7)

Approval Criteria. Decisions on site plan review applications shall be based on consideration of the following criteria:

(a)

That the proposed development is consistent with all the requirements of this code and other related codes and ordinances enforced by the city;

(b)

That the proposed development is in compliance with the applicable base zoning district and any applicable overlay districts;

(c)

That the proposed development complies with any established standards or requirements in the approved comprehensive plan or thoroughfare plan; and

(d)

That the proposed development meets all the requirements or conditions of any applicable development approvals (e.g., previously approved planned unit developments, special use approvals, variance approvals, etc.).

(8)

Time Limit.

(a)

The applicant shall submit a completed application for a zoning permit within 1 year of the date the site plan was approved or the site plan approval shall expire. The date of approval shall be the date the Zoning Administrator approves the site plan or, if approved with modifications, the date on which the applicant submits a revised plan the Zoning Administrator determines is in compliance with their decision and this code.

(b)

Upon expiration of a site plan approval, a new application, including all applicable fees, shall be required before a new site plan will be reviewed.

(c)

Upon written request, 1 extension of 6 months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.

(d)

The Zoning Administrator or Planning Board may authorize alternative time limits for zoning permit and certificate of occupancy issuance based on the scale of the proposed development.

(9)

Amendments of a Site Plan after Approval.

(a)

The Zoning Administrator shall have the authority to review and make decisions on amendments to an approved site plan under the same review procedure as established in § 154.03(F)(5).

(b)

If the approved site plan contains an alternative equivalent compliance approval, the amendment shall be reviewed by the Planning Board in accordance with § 154.03(F)(6) unless the Zoning Administrator determines that the proposed amendment will not affect the alternative equivalent compliance approval or related conditions. In such cases, the Zoning Administrator may review and decide on amendments as specified above.

(10)

Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator or Planning Board shall have the right to appeal the decision to the BZA as established in § 154.03(M).

(Ord. 5-14, passed 3-17-2014)

(1)

Purpose. Alternative equivalent compliance is a procedure that allows applicants to propose unique design options 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. Alternative equivalent compliance shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of other requests.

(2)

Applicability. The alternative equivalent compliance procedure shall be available only for the following sections of this code:

(a)

§ 154.05(C) RA Old Tippecanoe City Restoration and Architectural District Overlay District;

(b)

§ 154.07(B) Outdoor Lighting;

(c)

Section 154.08: Architectural Standards;

(d)

Section 154.09:Landscaping Standards; and

(e)

Section 154.10: Parking, Access, and Mobility Standards.

(3)

Initiation.

(a)

Pursuant to § 154.03(B)(1), any person having authority to file applications may initiate an application for an alternative equivalent compliance.

(b)

A request for alternative equivalent compliance shall be made concurrently with a site plan review or a certificate of appropriateness application, whichever is applicable.

(4)

Alternative Equivalent Compliance Review Procedure. The review procedure for any alternative equivalent compliance application shall be as follows:

(a)

Step 1 - Application. The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.

(b)

Step 2 - Review and Decision.

(i)

Any alternative equivalent compliance application related to the RA district shall be reviewed by the Restoration Board concurrently with, and in the same manner as, the related COA application. See § 154.03(E)(5).

(ii)

Any alternative equivalent compliance application related to other standards outside of the RA district shall be reviewed concurrently with, and in the same manner as, the related site plan. Such application shall be reviewed by the Planning Board in accordance with § 154.03(F)(6).

(5)

Review Criteria. Decisions on an alternative equivalent compliance application shall be based on consideration of the following criteria:

(a)

That the proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard;

(b)

That the proposed alternative achieves the goals and policies of the comprehensive plan to the same or better degree than the subject standard;

(c)

That the proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and

(d)

That the proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this code.

(6)

Conditions. The reviewing authority may impose conditions on an approval for alternative equivalent compliance provided such conditions are related to ensuring the performance of the alternative equivalent compliance to meet or exceed the subject standard. Such conditions may include financial guarantees, required timeframes, amendments or revisions to the proposal, or the ability to revoke an approval for alternative equivalent compliance.

(7)

Decisions. Any decision on an alternative equivalent compliance 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.

(8)

Time Limit.

(a)

An approval of an alternative equivalent compliance application shall expire if the site plan or certificate of appropriateness to which it applies expires.

(b)

Upon expiration of an alternative equivalent compliance approval, a new application, including all applicable fees, shall be required before a new application will be reviewed.

(9)

Amendment of an Alternative Equivalent Compliance Approval. An alternative equivalent compliance approval may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.

(10)

Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Board or Restoration Board shall have the right to appeal the decision to the BZA as established in § 154.03(M).

(Ord. 5-14, passed 3-17-2014)

(1)

Purpose. A zoning permit shall be required in accordance with the provisions of this section in order to ensure that proposed development complies with the standards of this code, and to otherwise protect the public health, safety, and general welfare of the citizens of the city.

(2)

Applicability.

(a)

No building or structure shall be erected, moved, added to, structurally altered nor shall any building, structure, or land be established or changed in use without an approved zoning permit issued by the Zoning Administrator.

(b)

Signs and temporary uses or structures that require a permit shall be reviewed through the zoning compliance permit procedure established in § 154.03(I).

(c)

Zoning permits shall be issued only in conformity with the provisions of this code unless the Zoning Administrator receives a written order from the BZA, Planning Board, or Restoration Board providing for conditions or modifications of such compliance as may be permitted by this section and this code.

(d)

Failure to obtain a zoning permit shall be a violation of this code subject to the provisions of Section 154.13: Enforcement and Penalties.

(3)

Zoning Permit Review Procedure. The review procedure for a zoning permit shall be as follows:

(a)

Step 1 - Application. The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.

(b)

Step 2 - Zoning Administrator Review and Decision.

(i)

The Zoning Administrator may distribute the application to other staff members and other city departments to solicit comment on the zoning permit application.

(ii)

Within 30 days after the application is determined to be complete, the Zoning Administrator shall make a decision on the application. In making its decision, the Zoning Administrator may approve or deny the application.

(iii)

Prior to finalizing approval of the application, the Zoning Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance. 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 Zoning Administrator.

(iv)

The Zoning Administrator shall sign 2 copies of the application and return 1 copy to the applicant. The second copy shall be kept by the Zoning Administrator for the city's records.

(v)

The Zoning Administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this code and a zoning permit has been issued.

(4)

Review Criteria. In order to approve a zoning permit, the Zoning Administrator shall determine the following:

(a)

The application complies with all applicable provisions of this code and the applicable zoning district; and

(b)

The application complies with all approved plans, conditions, or other development approvals.

(5)

Time Limit.

(a)

The applicant shall obtain an approved building permit within 1 year of the date the zoning permit was approved or the approval shall be revoked. The date of approval shall be the date the Zoning Administrator signs both copies of the application and returns 1 copy to the applicant.

(b)

Any work that is subject to the approved zoning permit shall be completed within 3years of the date the zoning permit was approved or the approval shall be revoked. Completion shall be defined as an approved project where the applicant has received a certificate of occupancy.

(c)

Upon written request, 1 extension of 6 months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.

(d)

The Zoning Administrator shall notify the application 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.

(e)

Upon revocation of a zoning permit approval, a new application, including all applicable fees, shall be required before a new zoning permit application will be reviewed.

(f)

The above time limits shall not apply if alternative time limits that have been approved by the Zoning Administrator, Planning Board, or Restoration Board in accordance with the applicable review procedure.

(6)

Amendment of a Zoning Permit after Approval. A zoning permit approval may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.

(7)

Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator shall have the right to appeal the decision to the BZA as established in § 154.03(M).

(Ord. 5-14, passed 3-17-2014)

(1)

Purpose. A zoning compliance permit shall be required in accordance with the provisions of this section and other applicable provisions of this code to ensure that signs, temporary uses, and changes in occupancy, use, or tenancy comply with the appropriate sections of this code.

(2)

Applicability.

(a)

Any sign that requires a zoning compliance permit as established in Section 154.11: Sign Standards, shall not be erected, moved, added to, or structurally altered without an approved zoning compliance permit issued by the Zoning Administrator.

(b)

A zoning compliance permit shall be required for any change in use or change in occupancy of an existing building or portion thereof (no new construction involved). A permit is not required for a change in occupancy or tenancy of a residential dwelling unit.

(c)

Temporary uses that require a permit as established in § 154.06(B) shall be subject to the zoning compliance permit review procedure of this section.

(d)

Zoning compliance permits shall be issued only in conformity with the provisions of this code unless the Zoning Administrator receives a written order from the BZA, Planning Board, or Restoration Board providing for conditions or modifications of such compliance as may be permitted by this section and this code.

(e)

Failure to obtain a zoning compliance permit, where required, shall be a violation of this code subject to the provisions of Section 154.13: Enforcement and Penalties.

(f)

Where there is proposed construction, expansion, or other alteration of a building or structure where a zoning permit and/or certificate of occupancy is required, the use of the building shall be reviewed as part of the zoning permit and certificate of occupancy review and shall not be subject to the zoning compliance permit.

(3)

Zoning Compliance Permit Review Procedure. The review procedure for a zoning compliance permit shall be as follows:

(a)

Step 1 - Application. The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.

(b)

Step 2 - Zoning Administrator Review and Decision.

(i)

The Zoning Administrator may distribute the application to other staff members and other city departments to solicit comment on the zoning compliance permit application.

(ii)

Within 14 days after the application is determined to be complete, the Zoning Administrator shall make a decision on the application. In making its decision, the Zoning Administrator may approve or deny the application.

(iii)

Prior to finalizing approval of the application, the Zoning Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance. 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 Zoning Administrator.

(iv)

The Zoning Administrator shall sign 2 copies of the application and return 1 copy to the applicant. The second copy shall be kept by the Zoning Administrator for the city's records.

(4)

Review Criteria. In order to approve a zoning compliance permit, the Zoning Administrator shall determine the following:

(a)

The application complies with all applicable provisions of this code, including any related standards in the applicable zoning district; and

(b)

The application complies with all approved plans, conditions, or other development approvals.

(5)

Time Limit.

(a)

Time Limit for Signs. Any work on signs that is subject to an approved zoning compliance permit shall be completed within 1 year of the date the zoning compliance permit was approved or the approval shall be revoked. Completion shall be defined as the point in time when the sign is fully constructed and has received approval of all permits and inspections.

(b)

Time Limit for Temporary Uses.

(i)

Time limits for permitted temporary uses and structures shall be as authorized in § 154.06(B).

(ii)

An approval of a zoning compliance permit for a temporary use shall include the approved start and end dates for the proposed temporary use.

(c)

Time Limit for Change in Use or Occupancy.

(i)

An approval of a zoning compliance permit for a change in use or occupancy shall be valid for 6 months after the zoning compliance permit is approved. If occupancy of the space is not completed by the end of the 6 months, the zoning compliance permit shall be revoked.

(ii)

The Zoning Administrator shall notify the application of the revocation of a zoning compliance permit including notice that further work as described in the canceled permit shall not proceed unless and until a new zoning compliance permit has been obtained or extension granted.

(iii)

Upon written request, 1 extension of 6 months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.

(iv)

Upon revocation of a zoning compliance permit approval, a new application, including all applicable fees, shall be required before a new zoning permit application will be reviewed.

(6)

Amendment of a Zoning Compliance Permit after Approval. A zoning compliance permit approval may be amended or modified only in accordance with the procedures and standards established for its original approval.

(7)

Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator shall have the right to appeal the decision to the BZA as established in § 154.03(M).

(Ord. 5-14, passed 3-17-2014)

(1)

Purpose. The purpose of a certificate of occupancy is to provide a formal method of review so that the Zoning Administrator and city may inspect and ensure that all construction was completed in compliance with any approvals defined in this section and with the other requirements of the Tipp City Code of Ordinances.

(2)

Applicability.

(a)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy is issued by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this code and any approvals granted by this code.

(b)

Any change in use or occupancy where there is no construction, alteration, or other physical change to the building or structure shall be subject to the zoning compliance permit review in § 154.03(I).

(c)

Failure to obtain a certificate of occupancy shall be a violation of this code subject to the provisions of Section 154.13: Enforcement and Penalties.

(3)

Certificate of Occupancy Review Procedure. The review procedure for a certificate of occupancy shall be as follows:

(a)

Step 1 - Application. Every application for a zoning permit shall be deemed to be an application for a certificate of occupancy.

(b)

Step 2 - Zoning Administrator Review and Decision.

(i)

For zoning permit applications where there was construction or other physical alterations to the site or buildings, the certificate of occupancy shall first be reviewed by Miami County Department of Development and then forwarded to the Zoning Administrator.

(ii)

Applications related to a change of use or tenants may not require review by Miami County and as such, shall be reviewed solely by Tipp City in accordance with this section.

(iii)

Upon application, the Zoning Administrator may take a reasonable amount of time to inspect the subject property, review any information provided by Miami County, and shall make a decision to approve or deny the certificate of occupancy. The Zoning Administrator may also make a decision to approve a temporary certificate of occupancy providing the applicant with additional time to complete improvements under limited circumstances.

(iv)

Upon approval, the Zoning Administrator shall issue a signed certificate of occupancy to the applicant and shall maintain a copy for the city's records.

(v)

If the certificate is denied, the Zoning Administrator shall notify the applicant in writing stating reasons why a certificate cannot be issued.

(4)

Review Criteria. In order to issue a certificate of occupancy, the Zoning Administrator shall determine the following:

(a)

The use, development, construction, alteration, or other change complies with the zoning permit and all approved plans, conditions, or other development approvals;

(b)

The applicant has complied with all requirements of the maintenance deposit fee; and

(c)

All items identified on the city's punch list have been addressed, corrected, or will be ensured by a financial guarantee that is similar in nature as those required for subdivision improvements as established in § 155.04(E)(5) of the Tipp City Subdivision Regulations.

(5)

Temporary Certificate of Occupancy. A temporary certificate of occupancy may be issued by the Zoning Administrator for a period not exceeding 6 months pending the completion of the building or structure. Prior to the issuance of a temporary certificate of occupancy, the developer, contractor, or property owner, shall provide sufficient funds to cover the cost of any site improvements that are not completed. If a building or structure is to be occupied prior to the completion of the site improvements, the zoning administrator shall also require a copy of the temporary or final certificate of occupancy as issued under the Ohio Building Code.

(6)

Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator shall have the right to appeal the decision to the BZA as established in § 154.03(M).

(Ord. 5-14, passed 3-17-2014; Am. Ord. 20-17, passed 10-2-2017)

(1)

Purpose. 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 variances be granted merely to remove inconveniences or financial burdens that the requirements of this code may impose of 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)

Initiation. Pursuant to § 154.03(B)(1), any person having authority to file applications may initiate an application for a variance.

(3)

Variance Review Procedure. The review procedure for variances shall be as follows:

(a)

Step 1 - Application. The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.

(b)

Step 2 - Staff Review and Staff Report.

(i)

Upon determination that a variance application is complete, the Zoning Administrator shall refer the application to the BZA and shall schedule a public hearing.

(ii)

Prior to the BZA hearing for the variance application, the Zoning Administrator shall review the application and prepare a staff report.

(c)

Step 3 - BZA Review and Decision.

(i)

The BZA shall hold a public hearing on the variance application within 60 days after the application is determined to be complete.

(ii)

The BZA shall review the variance application during a public hearing. In reviewing the application, the BZA shall at a minimum, consider the staff report from the Zoning Administrator and the review criteria of this section.

(iii)

Notification of the hearing shall be provided in accordance with § 154.03(B)(8).

(iv)

Within 45 days of the close of the public hearing, the BZA shall make a decision on the application. In making its decision, the BZA may approve, approve with modifications or supplementary conditions, or deny the application.

(v)

In approving a variance, the BZA may impose conditions on the approval, the proposed use, and the premises to be developed or used pursuant to such approval as it determines are required to ensure compliance with the standards of this section and the purpose of this code.

(vi)

The BZA's decision and any related conditions of approval shall be recorded in written findings of fact.

(4)

Review Criteria. Decisions on variance applications shall be based on consideration of the following criteria:

(a)

Where an applicant seeks a variance, said applicant shall be required to supply evidence that demonstrates that the literal enforcement of this code will result in practical difficulty for an area/dimensional variance as further defined below.

(b)

The following factors shall be considered and weighed by the BZA to determine practical difficulty:

(i)

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 adjacency to nonconforming and inharmonious uses, structures or conditions;

(ii)

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

(iii)

Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;

(iv)

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;

(v)

Whether the variance would adversely affect the delivery of governmental services such as water, sewer, electric, refuse pickup, or other vital services;

(vi)

Whether special conditions or circumstances exist as a result of actions of the owner;

(vii)

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

(viii)

Whether the spirit and intent behind the code requirement would be observed and substantial justice done by granting a variance; and/or

(ix)

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.

(c)

No single factor listed above may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.

(5)

Time Limit.

(a)

The applicant shall submit a completed application for a zoning permit within 1 year of the date the variance was approved or the approval shall expire.

(b)

Upon expiration of a variance approval, a new application, including all applicable fees, shall be required before a new variance will be reviewed.

(6)

Amendment of a Variance after a Decision. A variance may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.

(7)

Reapplication.

(a)

No application for a variance, which has been denied wholly or in part by the BZA, shall be resubmitted within 1 year of such denial, except on grounds of newly discovered evidence or proof, which the BZA deems sufficient to justify reconsideration.

(b)

A substantial modification of a request for a variance may be submitted as a new application, however, without regard to the 1-year limitation. Before ruling on the new application, the BZA shall first determine if the modification of the request is substantial.

(8)

Appeals of BZA Decisions. 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 of the court of common pleas as provided in R.C. Chapters 2505 and 2506.

(Ord. 5-14, passed 3-17-2014)

(1)

Purpose. This section sets out the procedures to follow when an applicant requests an administrative waiver by the Zoning Administrator from the standards of this code.

(2)

Applicability.

(a)

The Zoning Administrator may grant administrative waivers for any area or dimensional regulation that does not exceed 10% 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.

(c)

The minimum number of parking spaces required may be reduced in accordance with § 154.10(C)(4)(b), without an administrative waiver.

(d)

The applicant shall be required to apply for a variance for any waiver request that exceeds 10% or other variations from the code that do not qualify for administrative waivers.

(3)

Initiation. Pursuant to § 154.03(B)(1), any person having authority to file applications may initiate an application for an administrative waiver.

(4)

Administrative Waiver Review Procedure. The review procedure for an administrative waiver shall be as follows:

(a)

Step 1 - Application.

(i)

The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.

(ii)

An application for an administrative waiver may be submitted simultaneously with a site plan review, zoning permit, or zoning compliance permit application.

(b)

Step 2 - Zoning Administrator Review and Decision.

(i)

For applications that are not filed simultaneously with another application, the Zoning Administrator shall review the administrative waiver application within 30 days after the application (Step 1) is determined to be complete.

(ii)

For applications that are filed simultaneously with another application, the Zoning Administrator shall review the administrative waiver application and make a decision within the timeframe established for the related site plan review, zoning permit, or zoning compliance permit application.

(iii)

In reviewing the application, the Zoning Administrator shall at a minimum, consider the review criteria of this section.

(iv)

In making a decision on the administrative waiver, the Zoning Administrator may approve or deny the application.

(v)

The Zoning Administrator may refer the administrative waiver to the BZA to request assistance in determining the reasonableness of an administrative waiver request.

(5)

Review Criteria. Decisions on an administrative waiver shall be based on consideration of the following criteria:

(a)

The waiver will allow the proposed development to reflect the predominant development character of surrounding, similar uses and properties (e.g., similar setbacks, similar sign areas, etc.).

(b)

Special circumstances exist that make the precise compliance with the subject standards impractical or unreasonable;

(c)

The waiver request is minor in nature;

(d)

The waiver request does not substantially deviate from prior issuances of BZA variances or the development character of the surrounding properties; and

(e)

The waiver request does not deviate from the overall purpose of this code or the intent and objective of the original regulation.

(6)

Time Limit.

(a)

The applicant shall submit a completed application for a zoning permit within 1 year of the date the administrative waiver was approved or the approval shall expire.

(b)

Upon expiration of an administrative waiver approval, a new application, including all applicable fees, shall be required before a new administrative waiver will be reviewed.

(7)

Amendment of an Administrative Waiver after a Decision. An administrative waiver may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.

(8)

Reapplication.

(a)

No application for an administrative waiver, which has been denied wholly or in part by the Zoning Administrator, shall be resubmitted within 1 year of such denial, except on grounds of newly discovered evidence or proof, which the Zoning Administrator deems sufficient to justify reconsideration.

(b)

A substantial modification of a request for an administrative waiver may be submitted as a new application, however, without regard to the 1-year limitation. Before ruling on the new application, the Zoning Administrator shall first determine if the modification of the request is substantial.

(9)

Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator shall have the option to seek a variance in accordance with the procedures in § 154.03(K) or the right to appeal the decision to the BZA as established in § 154.03(M).

(Ord. 5-14, passed 3-17-2014)

(1)

Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by an administrative decision made in the enforcement of this zoning code.

(2)

Applicability.

(a)

An appeal may be made regarding any administrative decision made in the administration and enforcement of this zoning code including administrative decisions by the Zoning Administrator, Planning Board, and Restoration Board.

(b)

An appeal may not be made to the BZA when the Planning Board is making a recommendation to City Council as part of a legislative action such as a zoning text or map amendment.

(3)

Initiation. 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.

(4)

Appeals Review Procedure. The review procedure for appeals shall be as follows:

(a)

Step 1 - Notice on Intent to Appeal.

(i)

An appeal shall be initiated by filing a written letter or notice on the intent to appeal within 10 days of the date of the administrative order, decision, determination, or interpretation.

(ii)

Such letter or notice shall be submitted to the Zoning Administrator.

(b)

Step 2 - Submission of Appeal. Within 20 days of the administrative order, decision, determination, or interpretation, the person appealing the decision or their authorized agent shall submit all required information in accordance § 154.03(B).

(c)

Step 3 - Forwarding of the Record to the BZA. Upon receiving the written appeal of an administrative decision or determination, the Zoning Administrator shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the BZA. This material shall constitute the record of the appeal.

(d)

Step 4 - BZA Review and Decision.

(i)

The BZA shall hold a public hearing within 30 days of the filing of the appeal provided adequate notification is provided pursuant to § 154.03(B)(8).

(ii)

Any person affected by the appeal may appear at the public hearing and testify in person, or by attorney or agent.

(iii)

Within 60 days of the close of the public hearing, the BZA shall render a decision on the appeal. The Zoning Administrator shall notify the appellant in writing of the decision of the Board.

(iv)

The record of the hearing shall become journalized by formal adoption of the minutes at a later meeting of the Board.

(5)

Review Criteria for Appeals. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this code.

(6)

Stay. A properly submitted appeal shall stay all administrative proceedings by the city in furtherance of the action appealed, unless the Zoning Administrator 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.

(7)

Appeals of BZA Decisions. 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 as provided in R.C. Chapters 2505 and 2506.

(Ord. 5-14, passed 3-17-2014)

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 Zoning Administrator, and that such questions shall be presented to the BZA only on appeal from the decision of the Zoning Administrator. Such appeals shall be in accordance with § 154.03(M).

(Ord. 5-14, passed 3-17-2014)