Whitehall City Zoning Code
TITLE SIX
Administration and Procedures
1122.01 AUTHORITY.
(a) Chief Building Inspector. For the purposes of this Code, the Director of Public Service shall be authorized to serve as the Chief Building Inspector referenced in Administrative Code, Chapter 151
of the Codified Ordinances of Whitehall, Ohio.
(b) Administrative Decision Authority. The Director of Public Service, who may request the input of the City Engineer or other municipal officials or consultants to the City as part of their review, is hereby authorized to review and make decisions on the following:
(c) Quasi-judicial Authorities. Specified entities shall have the authorities to review and make recommendations or decisions on the following:
(1) Variances. The Board of Zoning and Building Appeals shall review and decide on variance requests per Section 1125.01
- Variances.
(2) Appeals of Director of Public Service decisions. The Board of Zoning and Building Appeals shall review and decide on appeals of decisions of the Director of Public Service per Section 1125.02
- Appeals of Director of Public Service Decisions.
(3) Special Use Permits. The Planning Commission shall review and make recommendations on special use permits and the City Council shall review and make decisions on special use permits per Section 1125.04
- Special Use Permit.
(d) Legislative Authorities. Specified entities shall have the authorities to review and make recommendations or decisions on the following:
(1) Text and Map Amendments. The Planning Commission shall review and make recommendations on text amendments and map amendments and the City Council shall review and make decisions on text amendments and map amendments per Article 1126
- Text and Map Amendments.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1122.02 DECISION MATRIX.
(a) Decision Matrix. Each type of application or decision shall be reviewed and decided upon by the authority and per the applicable standards indicated in Table 1122.02 - Comprehensive Decision Matrix.
TABLE 1122.02 COMPREHENSIVE DECISION MATRIX | ||||||
NOTIFICATION REQUIREMENTS (MINIMUM DAYS BEFORE HEARING) | ||||||
APPLICATION OR DECISION TYPE | REVIEW AND DECISION AUTHORITY | APPLICATION FIING DEADLINE | PUBLISHED | MAILED | POSTED | REQUIREMENTS, REVIEW STANDARDS, AND PROCEDURES |
ADMINISTRATIVE DECISIONS | ||||||
Zoning Permits | Director of Public Service | N/A | N/A | N/A | N/A | |
Certificates of Land Use | Director of Public Service | N/A | N/A | N/A | N/A | |
Administrative Interpretations | Director of Public Service | N/A | N/A | N/A | N/A | |
QUASI-JUDICIAL DECISIONS | ||||||
Variances | Planning Commission | Within 20 days of denial of related zoning permit | 10 | 10 | N/A | Administrative Code Section 151.04 |
Appeals of Director of Public Service Decisions | Board of Zoning and Building Appeals | Within 20 days after the decision being appealed | 10 | 10 | N/A | Administrative Code Section 151.03 |
Similar Use Interpretation | Board of Zoning and Building Appeals | At least 20 days prior to the public hearing | 10 | 10 | N/A | Administrative Code Section 151.05 |
Special Use Permit | Recommendation; Planning Commission | At least 50 days before the date of the City Council public hearing | 10 | 10 | N/A | |
Final action: City Council | 20 | 10 | N/A | |||
LEGISLATIVE DECISIONS | ||||||
Text and/or Map Amendment | Recommendation; Planning Commission | At least 75 days before the date of the City Council public hearing | N/A | 10 | 7 | |
Final action; City Council | 20 | 10 | 20 | |||
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1123.01 GENERAL PROVISIONS.
(a) Application Submission.
(1) All applications shall be submitted to the Director of Public Service who shall review applications for completeness before forwarding applications to appropriate entities.
(2) In addition to the above, applications for appeals of the decisions by the Director of Public Service shall be submitted to the Chairperson of the Board of Zoning and Building Appeals.
(b) Effect of False Information in Application.
(1) Any permit issued upon a false statement of any fact which is material to the issuance thereof shall be void and shall be revoked by the Director of Public Service.
(2) Upon revoking an issued permit, the Director of Public Service shall provide notice in writing to the holder of the void permit in person or by mail and shall provide posted notice of revocation in a conspicuous place upon the property subject to the revoked permit.
(c) Additional Provisions. The City is hereby responsible to pay for public hearing announcements. (Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1123.02 APPLICATION FEES.
(a) Complete Applications Require Fees. Applications shall be considered incomplete unless the application fee has been paid to the City of Whitehall and all other information required within this Title or by this Code is provided.
(b) Fee Schedule. The required fee for each type of application shall be as established by the Director of Public Service.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1123.03 RECORDS ACCESS.
(a) Public Review of Records. All records created and actions taken by the Director of Public Service and other parties authorized to act on behalf of the City in enforcing this Code shall be made available within a reasonable timeframe upon request.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1124.01 APPLICABILITY AND EXEMPTIONS.
(a) Exempt Work. Zoning permits and certificates of land use are not required for the installation, construction, alteration, removal, or occupancy of the following structures or for completing the following types of work:
(1) Accessory structures that are less than 100 square feet.
(2) Children's play equipment pieces that are less than 200 square feet in floor area each.
(3) Landscaping, including removal of trees, on property that is within the Single- and Two-Unit Residential District (STUR).
(4) Operation of a food truck, which is subject to Chapter 739
- Transient Merchants of the Codified Ordinances of the City of Whitehall.
(5) Pools that are inside of, and completely enclosed within, a building.
(6) Walkways on privately owned property that are not part of a vehicular parking area.
(b) Zoning Permit Required. A zoning permit shall be required prior to all work that is not exempt from review per this Code, including the installation, construction, alteration, or occupancy (as applicable) of the following:
(1) Non-residential development.
(2) Residential dwellings.
(3) Expansion or redevelopment of more than twenty-five percent (25%) of a building's gross floor area.
(4) Change of use or occupancy of commercial or industrial sites that require a certificate of occupancy as issued by the City of Whitehall per Chapter 1303
- Administration and Permits of the Codified Ordinances of the City of Whitehall.
(5) Parking lots, including expansion by more than twenty-five percent (25%) of a parking lot's existing surface area.
(6) Signs
(7) Pools.
(8) Landscaping, including removal of trees, unless exempted in Section 1124.01
- Applicability and Exemptions.
(9) Fences and screening.
(10) Outdoor lighting for properties in the BRD, MAIN, SH, YEAR, CCD, and/or INDD districts.
(c) Certificate of Land Use Required. Unless exempted by this Code or expressly stated as not being required in an approved zoning permit, a certificate of land use shall be required per Section 1124.03
- Certificate of Land Use after the approval of a related zoning permit.
(Ord. 081-2023. Passed 10-3-23.)
1124.02 ZONING PERMITS.
(a) Zoning Permit Application Requirements. A zoning permit application shall not be considered complete, and the Director of Public Service shall take no action on said application, unless the following conditions are met:
(1) In any application that involves the construction, reconstruction, enlargement, or other alteration of a structure, fence, wall, parking lot, sign, or other physical alteration to a lot, the zoning permit application shall include a site plan with the information specified in subsection (b) hereof.
(2) In any application that involves the construction, reconstruction, enlargement or other alteration of a structure or sign, the zoning permit application shall include elevation drawings with the information specified in subsection (c) hereof in the right column.
(3) In any application that involves changing a use or expanding a use, the zoning permit application shall include the information specified in subsection (d) hereof in the right column.
(4) The Director of Public Service may require any additional information necessary to provide a complete review of an application's compliance with this Code.
(b) Zoning Permit Site Plan Requirements. Where a complete zoning permit application requires a site plan, the site plan shall include the following information:
(1) Lot lines, lot dimensions, and address of the subject property.
(2) A north arrow and scale.
(3) Dimensions and locations of street right-of-way boundaries, utilities, and easements.
(4) Existing and proposed building locations, footprints, and dimensions, including square footage.
(5) Dimensions and locations of driveways, parking areas, and other vehicular use areas, including square footage.
(6) Labeled dimensions of front, side, and rear yard setbacks between building footprints and relevant lot lines.
(7) Existing and proposed signage locations, footprints, dimensions, and illumination descriptions.
(8) Locations of pools and locations and heights of fencing, walls, and gates.
(9) Locations, dimensions, and descriptions of any proposed grade changes.
(10) Locations and dimensions of proposed new trees and existing trees, including labels of trees to remain and trees to be removed.
(11) Locations, descriptions, and quantities of existing and proposed landscaping material.
(c) Zoning Permit Elevation Drawing Requirements. Where a complete zoning permit application requires elevation drawings, such drawings shall include the following information:
(1) Address of the subject property.
(2) Drawings with dimensions, to scale, of each affected elevation of an existing or proposed structure and each affected elevation of an existing or proposed sign.
(3) Color and texture of the exterior finish materials.
(4) Description of the exterior finish materials.
(5) Locations and descriptions of illumination.
(d) Zoning Permit Change/expansion of Use Requirements. Where a complete zoning permit application includes a change of use or expansion of a use, the application shall include the following information:
(1) Address of the subject property.
(2) Description of the current uses of the subject property, including the locations and extents of the uses.
(3) Description of the proposed uses and/or proposed expansions of uses of the subject property, including the locations and extents of the uses.
(e) Classification of Undefined Use. Where a complete zoning permit application includes a proposed use that is not defined within this Code, the Board of Building and Zoning Appeals shall classify the use per Section 1125.03
- Similar Use Interpretations.
(f) Approval and Validity of Zoning Permit.
(1) The Director of Public Service shall issue approved zoning permits in writing to the applicant and property owner upon their determination that an application is complete and meets all applicable standards of this Code.
(2) An approved zoning permit shall be valid for one (1) year from the date of approval, within which time the associated work must be completed.
(3) Work that is not completed before a zoning permit expires shall require an extension by the Director of Public Service or a new permit before the work may continue.
(4) The Director of Public Service may grant an extension of up to six months for an issued zoning permit upon good cause shown and where there are no substantial changes to the work.
(g) Disapproval of Zoning Permit. The Director of Public Service shall issue notice of disapproval of a zoning permit in writing to the applicant and property owner upon their determination that an application is complete and that the application does not meet all applicable standards of this Code.
(h) Appeal for Variance. The disapproval of a zoning permit may be appealed within twenty (20) days of the decision to the Board of Zoning and Building Appeals in search of a variance to permit the disapproved work per Section 1125.01
- Variances.
(i) Appeal of Zoning Permit Decision. A decision by the Director of Public Service on a zoning permit may be appealed to the Board of Zoning Building Appeals within twenty (20) days of the decision per Section 1125.02
- Appeals of Director of Public Service Decisions.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1124.03 CERTIFICATE OF LAND USE.
(a) Purpose of Certificate of Land Use. The purpose of a certificate of land use is to ensure and record that developments are complete, compliant with this Code, and legal to be occupied as far as is regulated by this Code. Such a certificate includes a record of compliance with the conditions required in an approved zoning permit.
(b) Certificate of Land Use Required to Occupy or Use Property. Unless exempted by this Code or expressly stated as not being required in an approved zoning permit, a certificate of land use shall be required after the approval of a related zoning permit and/or prior to the following:
(1) Occupancy or use of an installed, constructed, or altered structure, in whole or in part.
(2) Occupancy or use of land, in whole or in part.
(c) Certificate of Land Use Review Procedure.
(1) The applicant and/or property owner shall schedule an inspection with the Director of Public Service upon completion of all approved construction work included within an issued zoning permit. Such work shall include installation of any required landscaping.
(2) If the Director of Public Service determines that the work satisfies applicable requirements, they shall issue a certificate of land use.
(d) Temporary Land Use Certificate Review Procedure.
(1) The Director of Public Service may issue a temporary land use certificate upon inspection of a property if some work included within an issued zoning permit is complete and the applicant and/or property owner has posted a performance bond or irrevocable letter of credit from a banking institution. Such temporary certificate of land use shall expressly list the deficient and incomplete work items.
(2) Temporary land use certificates shall expire six months after their issuance. If the temporary land use certificate expires before a certificate of land use is issued, the occupancy of the property shall cease until a new zoning permit and/or certificate of land use and/or temporary land use certificate, as applicable, is approved.
(3) The Director of Public Service may grant an extension of up to three (3) months for an issued temporary land use certificate upon good cause shown and where there are no substantial changes to the work.
(4) If the work is not complete before the temporary land use certificate expires, then the City shall proceed with foreclosure against the performance bond or irrevocable letter of credit.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1124.04 ADMINISTRATIVE INTERPRETATIONS.
(a) Interpretation Required. The Director of Public Service may be required to interpret provisions of this Code in their application to novel issues or unanticipated types of work. Such interpretations shall be based on the practical and reasonable application of affected provisions and, to the extent feasible, shall be based on consistency with past precedent that is practical and reasonable.
(b) Recording Interpretations. The Director of Public Service shall maintain a written record of any interpretations of the provisions of this Code to aid in the consistent application of these standards and to aid in future amendments to this Code.
(c) Appeal of Interpretation. The Director of Public Service's interpretation of any provision of this Code may be appealed to the Board of Zoning and Building Appeals per Section 1125.02
- Appeals of Director of Public Service Decisions.
(Ord. 081-2023. Passed 10-2-23; Ord. 031-2024. Passed 5-21-24.)
1125.01 VARIANCES.
(a) Board of Zoning and Building Appeals Review and Decision. The Board of Zoning and Building Appeals is authorized to hear and decide on variances related to this Code.
(b) Review Standards and Procedure. The Board Zoning and Building Appeals may, in appropriate cases and subject to appropriate conditions and standards, vary the strict application of the provisions of this Code in accordance with the application requirements, review standards, and procedure established in the Administrative Code Chapter 151
.
(c) Public Hearing Notice Requirements. As provided in Administrative Code Section 151.04
(Procedure for Variance):
(1) As part of an application for a variance, the applicant shall provide names and mailing addresses of the property owners for the subject property and for any properties contiguous to the subject property according to information available through the County Auditor's current tax list or the Treasurer's real estate tax mailing list. Contiguous properties include those properties abutting the subject property and those immediately across a public right-of-way from the subject property.
(2) At least ten (10) days before the date of the public hearing, at the direction of the Chairperson of the Board Zoning and Building Appeals, the Director of Public Service shall cause written notice of the public hearing to be mailed to the property owners referenced above.
(3) At least ten (10) days before the date of the public hearing, at the direction of the Chairperson of the Board Zoning and Building Appeals, the Director of Public Service shall cause written notice of the public hearing to be published in a newspaper of general circulation in Franklin County, Ohio.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1125.02 APPEALS OF CITY ADMINISTRATOR DECISIONS.
(a) Board of Zoning and Building Appeals. Per Section 56
of the Charter of the City of Whitehall, and per Administrative Code Section 151.03
(Procedure for Administrative Appeal), the Board of Zoning and Building Appeals is established and authorized to hear and decide on appeals for exceptions related to this Code.
(b) Public Hearing Notice Requirements. At least ten (10) days before the date of the public hearing, at the direction of the Chairperson of the Board of Zoning and Building Appeals, the Director of Public Service shall cause written notice of the public hearing to be published in a newspaper of general circulation in Franklin County, Ohio.
(c) Review Procedure. Upon receipt of notice of a filed appeal, the Director of Public Service shall forward a copy of all records related to the appeal to the Board of Zoning and Building Appeals. The Cairperson of the Board of Zoning and Building Appeals shall set the hearing date of the appeal and cause the notice requirements to be met.
(d) Criteria for Appeal Review. The Board of Zoning and Building Appeals shall make findings and affirm or reverse or modify an appealed interpretation of the Director of Public Service based on the following:
(1) The interpretation's consistency with the goals of the Comprehensive Plan and any applicable purpose and intent statements within this Code.
(2) The interpretation's consistency with applicable provisions of this Code including but not limited to applicable definitions.
(3) If the affected work is eligible for a variance or other measure of relief in this Code, and if such measure of relief has been applied for and decided on.
(4) The anticipated effect of this interpretation on the work at hand.
(5) The effect of this interpretation on other similar work, when such data is available.
(e) Effect of Determination. The decision of the Board of Zoning and Building Appeals to affirm or reverse or modify an appealed interpretation of the Director of Public Service shall be final. Where additional review or actions by the Director of Public Service is required, the Director of Public Service shall proceed according to the determination of the Board of Zoning and Building Appeals.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1125.03 SIMILAR USE INTERPRETATIONS.
(a) Purpose of Similar Use Interpretation. The purpose of similar use interpretations is to provide careful flexibility and adaptability to this Code to support novel uses that enhance the quality of life and quality of place in Whitehall.
(b) Review Criteria. Following receipt of a complete application for a zoning permit or other permit requiring review by this Code, the Director of Public Service shall classify any proposed, undefined uses as similar or dissimilar to defined uses based on the following factors:
(1) The scale and scope of the proposed use, including the scale and location of structures and signage.
(2) Commonly associated features of the use.
(3) Information provided by the applicant.
(4) Performance standards of the use, including associated odors, noise, lights, and demand on pedestrian and vehicular traffic.
(c) Public Hearing Notice Requirements. As provided in Administrative Code Section 151.05
(Nature of Similar Uses):
(1) At least ten (10) days before the date of the public hearing, at the direction of the Chairperson of the Board of Zoning and Building Appeals, the Director of Public Service shall cause written notice of the public hearing to be mailed to the property owners on the application and to the owners of property that are contiguous to the subject property.
(2) At least ten (10) days before the date of the public hearing, at the direction of the Chairperson of the Board of Zoning and Building Appeals, the Director of Public Service shall cause written notice of the public hearing to be published in a newspaper of general circulation in Franklin County, Ohio.
(d) Effect of Classification.
(1) Where the Board of Zoning and Building Appeals classifies a proposed, undefined use as functionally similar to a use that is defined within this Code, the associated permit application may proceed according to the applicable regulations of the functionally similar defined use.
(2) Where the Board of Zoning and Building Appeals cannot classify a proposed undefined use as functionally similar to any existing defined use within this Code, the proposed undefined use shall be presumed to be a prohibited use unless and until the text and/or map of this Code is amended per the applicable provisions of Article 1126
- Legislative Decisions.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1125.04 SPECIAL USE PERMIT.
(a) Purpose of Special Use Permit. The purpose of special use permits is to carefully allow the establishment of certain uses that could be beneficial to the quality of life and quality of place in Whitehall while providing for appropriate constraints to prevent such uses from adversely impacting public health, safety, and welfare.
(b) Review Procedure for Special Use Permit. A special use permit shall be reviewed according to the following procedures:
(1) An applicant shall submit a complete application to the Director of Public Service no less than fifty (50) days before the date of the City Council public hearing.
(2) As soon as is practically possible, the Director of Public Service shall confirm with the applicant if an application is complete, provide the complete application to the Planning Commission, and notify the City Council of the complete special use permit application. Incomplete applications shall be returned to the applicant for additional information.
(3) The Planning Commission shall have no less than twenty (20) days to hold a public hearing, study the contents of the application, and adopt a recommendation for the City Council. The Planning Commission shall provide its adopted recommendation to the City Council no less than twenty-five (25) days before the date of the City Council public hearing, unless an extension is agreed upon by the applicant, the Planning Commission, and City Council as appropriate.
(4) The City Council shall hold a public hearing to review and decide on the special use permit within thirty (30) days of receipt of a recommendation from the Planning Commission, unless an extension is agreed upon by the applicant, the Planning Commission, and City Council as appropriate. The City Council shall cause the notice requirements of their public hearing to be met. A concurrence of at least five members of the City Council shall be required to approve a special use permit.
(c) Application Requirements. Any owner, or agent thereof, of property for which a special permit is proposed shall file an application with the Director of Public Service containing the following information:
(1) Name, mailing address, and phone number of the applicant.
(2) Legal description of the property.
(3) Description of the property's zoning district.
(5) Description of the proposed special use.
(6) A site plan for the proposed special use showing the location of all buildings, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, and landscaping features of the subject property.
(7) A narrative statement discussing the compatibility of the proposed special use with the existing uses of adjacent properties and with the Comprehensive Plan. Such narrative statement shall include an evaluation of the effects of the proposed special use on adjoining properties, including traffic circulation, noise, glare, odor, fumes, and vibration.
(8) Names and mailing addresses of the owners of property within, contiguous to, and directly across the street from the subject property, as taken from the County Auditor's tax list or the Treasurer's mailing list.
(9) An affidavit certifying that the names and mailing addresses are current as of the date of submission and the information available from the County Auditor's office or Treasurer's office.
(10) A narrative statement addressing each applicable criterion provided within this Section.
(11) Any information in addition to the above that is required by the Planning Commission as part of their review.
(d) Required Public Notices.
(1) The Planning Commission shall cause notice of its hearing to be published in at least one (1) newspaper of general circulation in Franklin County, Ohio no less than ten (10) days prior to its public hearing. The Planning Commission shall cause notice of its hearing to be mailed to the property owners included in the complete application no less than ten (10) days prior to its public hearing.
(2) The City Council shall cause notice of its hearing to be published in at least one (1) newspaper of general circulation in Franklin County, Ohio no less than twenty (20) days prior to its public hearing. The City Council shall cause notice of its hearing to be mailed to the property owners included in the complete application no less than ten (10) days prior to its public hearing.
(e) Review Criteria. As part of the procedure for adopting a recommendation for the City Council, the Planning Commission shall review the facts and circumstances of each application for a special use permit per the following criteria and shall determine if there is or is not sufficient evidence showing that the proposed use at the proposed location:
(1) Is eligible for a special use permit per the regulations of the applicable district.
(2) Will be in accordance with the general objectives, or with any specific objective, of the City's Comprehensive Plan and/or this Code.
(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer facilities, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services.
(6) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(7) 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.
(8) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(9) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(f) Conditions Placed on Special Use Permits.
(1) The Planning Commission is authorized to prescribe appropriate conditions and safeguards in addition to and in conformance with this Code as part of their recommendation regarding a special use permit to the City Council.
(2) The City Council may incorporate the conditions recommended by the Planning Commission or may modify or substitute their own conditions as part of an approval of a special use permit.
(g) Action by City Council. Within thirty (30) days of receiving a recommendation from the Planning Commission, the City Council shall take one of the following actions:
(1) Approve issuance of the special use permit by making affirmative findings in writing that the proposed special use meets all applicable criteria. Such written findings shall include any conditions and safeguards required by the City Council. Upon approval, the City Council shall direct the Director of Public Service to issue the special use permit.
(2) Make a written finding that the application is deficient, requires additional information, or requires modifications. Such written findings shall specify the information required or modifications deemed necessary and shall be provided to the applicant.
(3) Make a written finding that the application is denied. Such written findings shall specify the reasons for the disapproval.
(h) Expiration of Special Use Permit.
(1) A special use permit shall automatically expire if the permitted use has not been established or utilized within one (1) year of the date on which the special use permit was issued unless the City Council grants an extension.
(2) A special use permit shall automatically expire if for any reason the permitted use ceases operation for more than twelve (12) consecutive months.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1126.01 TEXT AND MAP AMENDMENTS.
(a) Procedure for Text and Map Amendments.
(1) An applicant shall submit a complete application for a text and/or map amendment to the Director of Public Service no less than seventy-five (75) days prior to the public hearing of the City Council.
(2) The Planning Commission is authorized to propose text and/or map amendments.
(3) The City Council may amend or change the number, shape, area, or regulations of or within any district by submitting an ordinance for review through the procedures of this Section.
(4) Per Section 52
and Section 53
of the Charter of the City of Whitehall, the Planning Commission shall review and make recommendations to the City Council on proposed ordinances or resolutions establishing, amending, revising, changing, or repealing zoning classifications, districts, uses, or regulations.
(5) The review by the Planning Commission shall take place at a public meeting withint thirty (30) days of receipt of a complete application. The Planning Commission may choose to hold a public hearing as part of their review. If the Planning Commission holds a public hearing on a proposed text and/ or map amendment, they shall cause the Planning Commission public hearing notice requirements below to be met. Following their public meeting or public hearing, the Planning Commission shall certify their recommendations on the application to the City Council.
(6) Per Section 54
of the Charter of the City of Whitehall, the City Council shall hold a public hearing on the proposed text and map amendments. The date of the public hearing shall be within sixty (60) days of receiving the recommendations by the Planning Commission.
(b) Planning Commission Public Hearing Notice Requirements. If the Planning Commission chooses to hold a public hearing as part of their review to adopt recommendations for the City Council on proposed text amendments and map amendments, then the Planning Commission shall cause the following notice requirements to be met:
(1) Written notice of the hearing shall be mailed by first class mail to the property owners included in the application at least ten (10) days prior to the public hearing.
(2) When an application involves a map amendment, a sign shall be posted in a conspicuous place or places on each affected property at least one time and at least seven (7) days prior to the public hearing. The posted notice shall meet the standards of posted map amendment sign requirements, below.
(c) City Council Public Hearing Notice Requirements. Per Section 54
of the Charter of the City of Whitehall, the City Council shall cause the following notice requirements to be met as part of their public hearing on a proposed text amendment or map amendment:
(1) At least twenty (20) days prior to the public hearing, written notice shall be published at least one time in at least one newspaper of general circulation in Franklin County, Ohio.
(2) When an amendment, revision, change, or repeal involves ten (10) or fewer parcels of land, written notice of the hearing shall be mailed by first class mail to the property owners included in the application at least ten (10) days prior to the public hearing.
(3) When an application involves a map amendment, a sign shall be posted in a conspicuous place or places on each affected property at least one time and at least twenty (20) days prior to the public hearing. The posted notice shall meet the standards of posted map amendment sign requirements, in the right column.
(d) Posted Map Amendment Sign Requirements. Where posted notice of a sign is required, such sign shall meet the following standards:
(1) The posted sign shall include the word "REZONING" in letters that are at least two (2) inches tall, the time and place of the public hearing, and the place where the application may be examined.
(2) The posted sign(s) shall include any additional details determined necessary by the Planning Commission and/or City Council.
(3) The Director of Public Service shall arrange for the installation and removal of posted notice signs.
(e) Effect of Deficient Notice. The failure of publishing, delivering, and/or posting any required notices, including the failure to maintain posted notices over the duration of a notice period, shall not invalidate any action taken by the Planning Commission or the City Council.
(f) Application Requirements. Any owner, or agent thereof, of property for which a map amendment or text amendment is proposed shall file an application with the Director of Public Service containing the following information, as applicable, regarding the property subject to the map amendment and/or the sections of the ordinance subject to a text amendment:
(1) Legal description of the subject property. Where the legal description of a property subject to a map amendment request is described by metes and bounds, the application shall include a statement and plot plan from a duly licensed surveyor or a licensed professional civil engineer verifying the accuracy of the description and plot plan.
(2) An authorization form signed by the property owner(s) of the subject properties permitting the Director of Public Service or designee to post public notice signs on the subject properties.
(3) Current photos of the subject property that document existing conditions.
(4) A site plan showing the existing conditions and proposed development of the property subject to the request and drawn to scale per the standards of Table 1126.01
- Site Plan Scale Standards.
TABLE 1126.01 SITE PLAN SCALE STANDARDS | |
ACREAGE OF SUBJECT PROPERTY | REQUIRED SCALE OF SITE PLAN |
Less than 1 Acre | 1 inch = 10 feet |
1 Acre or more, less than 5 Acres | 1 inch = 20 feet |
5 Acres or more, less than 20 Acres | 1 inch = 40 feet |
20 Acres or more, less than 50 Acres | 1 inch = 60 feet |
50 Acres or more | 1 inch = 100 feet |
(5) A site plan showing existing and proposed improvements and elements of the subject property including landscaping, fire hydrants, signs, curb cuts, driveways, parking areas, pools, fences, and building footprints.
(6) A site plan marked with dimensions of existing and proposed improvements and elements of the subject property including length of lot lines, surface area of the lot, surface area of landscaping, surface area of parking areas, number of parking spaces, floor area of buildings, percentage of lot covered by buildings, distances between buildings, and setbacks between all buildings and all property lines.
(7) A site plan showing abutting rights-of-way boundaries and utilities and easements on the subject property.
(8) The location and existing use descriptions of all properties contiguous to and directly across the street from the subject property.
(9) A description of all variances previously approved and/or presently requested for the subject property.
(10) A description of any discrepancies between the existing conditions of the subject property and its conformance with applicable provisions of this Code.
(11) A master plan and timetable for the total development, where the application involves a phased development.
(12) Names and mailing addresses of the property owners for the subject property and for any properties contiguous to the subject property according to information available through the County Auditor's current tax list or the Treasurer's real estate tax mailing list. Contiguous properties include those properties abutting the subject property and those immediately across a public right-of-way from the subject property.
(13) An affidavit certifying that the names and mailing addresses are current as of the date of submission and the information available from the County Auditor's office or Treasurer's office
(14) An unedited copy of the current ordinances subject to the proposed text amendment.
(15) An edited copy of the current ordinances subject to the proposed text amendment with proposed changes, deletions, and additions distinguished from other parts of the ordinance.
(16) A description of the purpose and anticipated effects of the proposed text amendment.
(17) Any additional information necessary to provide a complete review of an application's compliance with this Code.
(18) The site plan(s) shall be prepared by a registered architect or registered engineer. The Director of Public Service may waive this requirement and accept a site plan not prepared by a registered architect or registered engineer if the nature and size of the map amendment would not have substantial effects on surrounding properties.
(g) City Council Action.
(1) After receiving the certified recommendations of the Planning Commission and holding a public hearing on the application, the City Council shall consider the recommendations and vote on the passage of the proposed text amendment or map amendment.
(2) If the Planning Commission adopts a favorable recommendation on an application, the City Council may pass and approve the text amendment or map amendment by a vote of a majority of the quorum. If the Planning Commission adopts an unfavorable recommendation on an application, or if the City Council decides to differ substantially from the plan or report submitted by the Planning Commission, then the City Council may only pass and approve the text amendment or map amendment by a concurring vote of at least five (5) members of the Council.
(3) Any action by the City Council which, at their discretion and determination, adds greater safeguards for protecting the public health, safety, and welfare and does not depart from the recommendation by the Planning Commission shall not be considered as differing substantially from the plan or report submitted by the Planning Commission.
(4) Per Section 53
of the Charter of the City of Whitehall, if the Planning Commission fails to make a recommendation ahead of the City Council's public hearing, then the City Council may act upon the application as though it had received a recommendation of approval on the matter.
(h) Expiration of Approval. When an application involves a map amendment where specific development plans are part of the request, development shall commence within twelve (12) months after an approval by the City Council. Unless extended by City Council, if the development does not commence within this period, the approval by City Council shall be voided and the property shall revert to the previous designation.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1127.01 ENFORCEMENT AND PENALTIES.
(a) Director of Public Service. This Code shall be enforced by the Director of Public Service.
(b) Permits Withheld. The Director of Public Service shall not grant any permit for work that is in violation of, or that would be in violation of, applicable provisions of this Code.
(c) Penalty. The owner or owners of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist as having been placed thereafter the enactment hereof, shall, where no other penalty is provided be guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed upon each day that anything is placed or done on such premises, or remains placed or having been done on such premises, in violation of this Zoning Code.
(d) Violations.
(1) It shall constitute a violation of this Code for any person, either owner or agent, to implement any actions regulated by this Code without first having obtained the appropriate permits.
(2) It shall constitute a violation of this Code for any person, either owner or agent, to implement any actions included in a revoked permit without first having obtained new appropriate permits.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)