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(a) Purpose. The purpose of the major subdivision process is to provide a method of review for any subdivision that exceeds the scope of a minor subdivision.
(b) Applicability. Any subdivision of land or replat of an existing subdivision that does not meet the applicability requirements of a minor subdivision in Section 1103.09(b), shall be subject to the requirements of this section.
(c) Major Subdivision Review Procedure.
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request to have a pre-application meeting with the Zoning Administrator and/or Planning Commission to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.06(d)(1).
(2) Step 2 - Application and Filling of the Preliminary Plat.
A. The applicant shall submit an application, including a preliminary plat, in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
B. The preliminary plat shall be prepared, signed, and sealed by an engineer or surveyor who is qualified and registered in the State of Ohio.
(3) Step 3 - Administrative Staff Review and Transmission to the Planning Commission.
A. Upon determination that the application for a preliminary plat is complete, the Zoning Administrator shall forward the application to the Planning Commission and may transmit copies of the application for review by applicable agencies including, but not limited to, the Village Administrator and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. The Zoning Administrator may consolidate any comments from the public received in advance of the meeting and comments from the Zoning Administrator or other departments and agencies into a report for the PC to review as part of Step 4.
(4) Step 4 - Review and Decision on the Preliminary Plat by the Planning Commission.
A. The Planning Commission shall review the preliminary plat application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
B. In making its decision, the Planning Commission shall approve, approve with conditions, or deny the preliminary plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant.
C. The Planning Commission shall make a decision within sixty (60) days of the filing of the preliminary plat (Step 2) unless the Planning Commission and applicant agree to an extension of this time frame. If the Planning Commission fails to act within the sixty (60) days or there is no agreement for an extension of time, the application for a preliminary plat will be considered approved.
D. If the Planning Commission denies the preliminary plat, the applicant shall not move forward in the review process until a preliminary plat is approved by the Planning Commission.
E. If the applicant proposed to construct the subdivision in phases, the Planning Commission may approve a timeframe for filing of improvement plans and final plats for each phase.
F. Approval of the preliminary plat by the Planning Commission does not constitute approval of the subdivision, but is merely an authorization to proceed with the preparation of the final plat and improvement plans.
(5) Step 5 - Submission of Improvement Plans and the Final Plat.
A. The applicant shall submit a final plat and related improvement plans and specifications in accordance with Section 1103.06: Common Review Requirements. Such application shall take place within three years following the Planning Commission's approval of the preliminary plat unless the Planning Commission approved an alternative schedule, in which case the applicant shall submit in accordance with the approved schedule. Failure to submit the improvement plans within this time frame shall void the preliminary plat approval and the applicant will be required to submit a new application in accordance with these regulations.
B. The applicant shall submit the improvement plans and specifications in accordance with any applicable board's procedural rules and regulations and the common application requirements under Section 1103.06: Common Review Requirements, and with the provisions of this section.
C. If a preliminary plat has been previously approved, the final plat shall have incorporated all changes from the preliminary plat approval.
D. In cases where the applicant proposes to develop the subdivision in phases, the final plat and improvement plans shall be submitted for each individual phase.
E. If the applicant proposes to provide a financial guarantee for the public improvements in lieu of installing all public improvements prior to approval of the final plat, the applicant shall be required to provide all information required as part of Section 1119.05.
F. Upon determination by the Zoning Administrator that the final plat has been properly submitted, the final plat shall be accepted as being filed.
G. The final plat shall be prepared, signed, and sealed by an engineer or surveyor who is qualified and registered in the State of Ohio.
(6) Step 6 - Administrative Staff Review of the Final Plat and Improvement Plans.
A. Upon determination that the submission of the final plat and improvement plans is complete, the Zoning Administrator may transmit copies of the application for review by applicable agencies including, but not limited to, the Village Administrator and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. Such agencies shall supply comments and recommendations to the Zoning Administrator prior to the regularly scheduled Planning Commission meeting where the final plat and improvement plans will be subject to review.
C. Construction of Improvements.
i. Applicants shall have the choice to construct all public improvements prior to the approval of the final plat, without a financial guarantee, but such public improvements must be completed and then inspected and approved by the Village Administrator before the Village can approve the final plat. The improvements shall be constructed within a reasonable time as determined by the Village Administrator and the Subdivider's Agreement (See Section 1119.04.).
ii. All required subdivision improvements shall be maintained in a satisfactory condition by the applicant during any interim period between their construction and final approval and acceptance of the subdivision by the Village. Additionally, such improvements shall be subject to maintenance requirements following acceptance in accordance with this section and Section 1119.05.
iii. If the applicant requests approval of a final plat prior to installation of the public improvements, the applicant shall be required to provide a financial guarantee in accordance with the regulations of this code at the time the final plat is submitted for review.
(7) Step 7 - Review and Decision on the Final Plat and Improvement Plans by the Planning Commission.
A. The Planning Commission shall review the final plat and improvement plans at its next regularly scheduled meeting, or at a special meeting, after the final plat is submitted and determined to be complete.
B. The Planning Commission shall approve, approve with conditions, or deny the improvement plans and final plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily answered by the applicant.
C. The Planning Commission shall make a decision within thirty (30) days of the filing of the final plat and improvement plans (Step 5) unless the Planning Commission and applicant agree to an extension of this time frame. If the Planning Commission fails to act within the thirty (30) days or there is no agreement for an extension of time, the application for a final plat will be considered approved.
D. If the Planning Commission denies the final plat and/or improvement plans, the applicant shall not move forward in the review process until a final plat and the improvement plans are approved by the Planning Commission.
E. Approval of the final plat and improvement plans by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, or other public ways or open space on the final plat unless they are accepted by Village Council in the form of the adoption of an ordinance.
F. At the completion of construction, and before acceptance of the public improvements, the applicant shall furnish the Village a set of record or "as-built" reproducible drawings as well as a digital copy that is compatible with the Village Administrator's software showing the locations of all public improvements including the sizes and elevations of all underground utilities.
(8) Step 8 - Acceptance of Improvements by Village Council. The Village, through action by the Village Council, shall review the final plat and consider acceptance of public improvements made by a applicant only after meeting the following conditions:
A. The public improvements have been made in accordance with the requirements of this code, and any other manuals or documents referenced in Section 1119.03;
B. Installation of the public improvements has been completed in accordance with the applicable design standards;
C. All final inspections required by these regulations and the Village have been carried out by the Village, and said public improvements were found to be acceptable by the Village Administrator.
D. After all public improvements have been installed to the satisfaction of the Village, the applicant shall submit an original copy of as-built improvement plans (showing how all public improvements were actually installed) to the Village Administrator in a format acceptable to the Village Administrator.
E. After all public improvements have been installed in accordance with the subdivision approvals and these regulations, and the applicant has complied with this section, the Village Council may, by ordinance, accept the public improvements for maintenance with any applicable financial guarantee.
(9) Step 9 - Disposition of Approved Plat and Recordation.
A. All required deeds, agreements, and other required legal instruments shall be submitted to the Zoning Administrator within sixty (60) days from the date of the Planning Commission's approval or such approval shall thereafter be rendered null and void.
B. Any recorded plat which has not been approved according to the regulations in this chapter shall be considered invalid.
C. The applicant shall then be responsible for submitting the signed plat to the Knox County Recorder for the recording of the lots as legal lots of record and providing a copy of said plat to the Village after recording.
D. The approval of a plat shall expire within 120 days after Village Council approval is effective unless the plat has been duly filed and recorded by the applicant as required by law, and the original tracing of the plat has been filed with the Zoning Administrator.
(d) Review Considerations. In order to approve a major subdivision, the Planning Commission shall consider the following:
(1) That the major subdivision complies with all applicable provisions of this code;
(2) That the major subdivision does not conflict with other regulations, plans, or policies of the Village;
(3) That the proposed subdivision is designed to be compatible with the existing immediate or surrounding area or is in keeping with the intended character of such area;
(4) That the proposed streets are in accordance with approved plans and have been coordinated with existing streets, and that adequate measures have been taken to provide ingress and egress so as to allow for adequate and safe traffic flow and minimize traffic congestion in public streets;
(5) That the proposed subdivision will not adversely affect the delivery of governmental services;
(6) That applicable review agencies have no objections that cannot be resolved by the applicant;
(7) That the final plat and improvement plans conform to the approved preliminary plat, if submitted and approved; and
(8) That proposed street names and addresses are easy to ascertain and communicate for traffic safety and signage.
(e) Amendments of Application.
(1) No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after final approval has been given by the Planning Commission and an endorsement is made in writing on the plat, unless the plat is first resubmitted and the changes approved by the Planning Commission.
(2) If the applicant finds, in the process of preparing improvement plans, that the approved preliminary plat, if submitted, is not workable and changes in layout are required, the applicant shall inform the Village Administrator. The Village Administrator may require that a revised preliminary plat be submitted for re-approval following the review procedure in Section 1103.10(c)(4), above, if the changes significantly alter the design of the subdivision, including changes to the number of lots, modification of street layouts, or other substantial changes. If the proposed changes are technical or minor and do not substantively alter the approved preliminary plat, the Village Administrator may approve the revisions. Failure to submit and receive approval of a revised preliminary plat shall void approval of the preliminary plat and any new submission shall be subject to a new application.
(3) During the final plat process, the Village Administrator is authorized to allow minor changes related to the public improvements or design where there is minimal impact to the overall design of the subdivision. This limited authority shall not give the Village Administrator the authority to vary the requirements of this code.
(4) If during the course of construction, any changes or modifications are encountered that are not in conformance with the original approved improvement plans, the applicant shall submit the modified improvement plans (which have now become as-built drawings) to the Village Administrator, who, if in agreement with such modifications, shall sign these drawings to indicate approval of the modifications. If the Village Administrator does not approve the modifications, the applicant shall be required to bring the improvements into compliance with the approved improvement plans or the Village may utilize the financial guarantee to correct the issue.
(f) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission for decisions on preliminary plats or final plats shall have the right to appeal the decision to the Village Council as established in Section 1103.15: Appeals to Village Council.
(Ord. 2023-16. Passed 6-5-23.)
(a) Purpose. The purpose of the site plan review procedure is to ensure that certain types of development comply with the development and design standards of this code. Zoning certificates for any building, structure, expansions, or use of land subject to this section, shall not be issued without an approved site plan.
(b) Applicability and Review Authority.
(1) Unless specifically exempted in Section 1103.11(c), no construction, expansion, site improvements, or demolition 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.
(2) The following activities require a major site plan that shall be reviewed by the Planning Commission prior to issuance of a zoning certificate:
B. Any development involving the addition of more than twenty-five percent (25%) of the gross floor area of a structure or more than 5,000 square feet, whichever is less;
C. Any site development involving the addition of more than 2,500 square feet of vehicular use areas;
D. Any development of a nonresidential use adjacent to a residential zoning district;
E. A development that the Zoning Administrator determines conflicts with an adopted Village plan; or
F. A development that involves a nonconforming use, nonconforming structure, nonconforming site, or nonconforming lot.
(4) The Zoning Administrator shall have the authority to forward a minor site plan review application, over which they have authority, to the Planning Commission for review as a major site plan review if the Zoning Administrator finds:
A. 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
B. There is difficulty in interpreting the application of a standard or regulation as it pertains to the subject site.
(c) Exemptions. The following forms of development shall be exempt from the requirements for a major or minor site plan review:
(1) The construction, enlargement, or other modification of single-family dwellings and two- family dwellings solely for residential uses;
(2) Any development that has been approved as part of a Planned Development District approval;
(3) Demolition of a hazardous or nuisance structure;
(4) Re-occupancy of an existing building or the internal construction or change in the amount of floor area of a building or structure that does not increase the gross floor area, increase the intensity of use, or affect parking, landscaping, or architectural requirements on a site that meets all of the development standards of this code; and
(d) Minor Site Plan Review Procedure. The minor site plan review procedures shall proceed as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(2) Step 2 - Zoning Administrator Review and Decision.
A. The Zoning Administrator may distribute the application to other staff members and other Village departments to solicit comment on the minor site plan application.
B. Within fifteen (15) days after the application is determined to be complete, the Zoning Administrator shall review the minor site plan application in the same manner as a zoning certificate (See Section 1103.13.) and make a decision on the application or forward the application to the Planning Commission as a major site plan review, in which case the Planning Commission shall be responsible for making a final decision on the site plan review. An extension on the decision may be granted with approval from the applicant.
C. Approval of a minor site plan review shall result in the issuance of a zoning certificate.
(e) Major Site Plan Review Procedure. The major site review procedures shall proceed as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request a pre-application meeting with the Planning Commission to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.06(d)(1).
(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(3) Step 3 - Planning Commission Review and Decision.
A. The Planning Commission shall review the site plan application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete. If the site plan application includes an application for a modification (See Section 1103.11(f) below.), then such applications shall be simultaneously reviewed as part of this procedure.
B. Where a site plan modification is requested, then the major site plan review shall be reviewed as part of a public hearing provided adequate notification is provided pursuant to Section 1103.06(c)(2).
C. In reviewing the application, the Planning Commission shall at a minimum, consider the review considerations of this section.
D. Within forty-five (45) days of the Zoning Administrator determining that the application is complete, the Planning Commission shall make a decision on the application. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application. If the application is subject to a public hearing to consider site plan review modifications, then the Planning Commission shall make a decision within thirty (30) days of the close of the public hearing.
E. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
(f) Major Site Plan Review Modifications.
(1) The Planning Commission may consider modifications from the development standards of this code as it applies to major site plans as part of a separate variance application and review.
(2) Any modifications to previously approved site plans shall be reviewed in accordance with Section 1103.06(b)(4).
(g) Review Considerations. In order to approve any site plan, the Zoning Administrator or Planning Commission, as applicable, shall consider the following:
(1) The proposed development is consistent with all the requirements of this code, and other related codes and ordinances of the Village;
(2) The proposed development is in compliance with the applicable zoning district regulations unless a variance was approved for such regulations;
(3) The proposed development complies with any established standards or requirements in adopted Village plans;
(4) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., conditional use permit approvals, variance approvals, etc.);
(5) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;
(6) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code;
(7) Adequate provision is made for safe and efficient pedestrian and vehicular travel within the site and to adjacent property;
(8) The following specific areas shall be preserved to the extent possible as open space:
A. Unique and/or fragile areas, including wetlands;
B. Significant trees or stands of trees;
C. Property within the 100-year floodplain as mapped by the National Flood Insurance Program;
D. Poorly drained soils.
E. Steep slopes in excess of twenty percent (20%) percent as measured over a ten (10)-foot interval unless appropriate engineering measures concerning slope stability, erosion, and resident safety are taken;
F. Habitats of endangered wildlife, as identified by the State of Ohio, Department of Natural Resources, Natural Heritage Program.
G. Historically significant structures, as identified by local officials, Ohio Historic Inventory, or National Register of Historic Places/Districts.
(9) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas;
(10) Points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;
(11) The development shall be laid out to avoid adversely affecting groundwater and aquifer recharge; to reduce cut and fill; to prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage, and utilities on neighboring properties;
(12) The design treatment of the site and all proposed structures shall ensure compatibility and sensitivity to adjacent properties and structures;
(13) Adequate provision is made for emergency vehicle access and circulation; and
(14) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing criteria are complied with at the completion of each stage.
(h) Significance of an Approved Site Plan.
(1) An approved site plan shall become, for the proposed development, a binding commitment of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit.
(2) All construction and development under any zoning certificate shall be in accordance with the approved site plan. Any departure from such plan shall be cause for revocation of the zoning certificate and the property owner or other responsible parties are subject to penalties as prescribed by this code.
(i) Time Limit.
(1) The applicant shall submit a completed application for a zoning certificate within one year of the date the site plan was approved or the site plan approval shall expire.
(2) 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.
(3) Upon written request, one extension of up to six months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(4) The Planning Commission may authorize alternative time limits for zoning certificate issuance, as part of its approval, based on the scale of the proposed development.
(j) Appeals.
(1) Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator for minor site plans shall have the right to appeal the decision to the PLANNING COMMISSION as established in Section 1103.14: Appeals to the Planning Commission.
(2) Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission for major site plans shall have the right to appeal the decision to the Village Council as established in Section 1103.15: Appeals to Village Council.
(Ord. 2023-16. Passed 6-5-23.)
(a) 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 a variance be granted merely to remove inconveniences or financial burdens that the requirements of this code may impose on 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.
(b) Variance Review Procedure. The review procedure for a variance shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(2) Step 2 - Planning Commission Review and Decision.
A. The Planning Commission shall hold a public hearing within forty-five (45) days of the filing of the variance application provided adequate notification is provided pursuant to Section 1103.06(c)(2).
B. In reviewing the application, the Planning Commission shall at a minimum, consider the review criteria of this section.
C. The Planning Commission may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
D. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.
E. In making its decision, the Planning Commission shall make specific findings of fact based directly on the particular evidence presented that the reasons set forth in the application and as presented by the applicant during the public hearing, justify the approval, approval with modifications or supplementary conditions, or denial of the variance application that will make possible a reasonable use of the land, building, or structure.
F. Within sixty (60) days of the close of the public hearing, the Planning Commission shall render a decision on the variance application unless an extended timeframe is agreed upon by the Planning Commission and the applicant. The Zoning Administrator shall notify the applicant in writing of the decision of the Planning Commission.
G. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed approved.
H. In approving a variance, the Planning Commission 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 be ensure compliance with the standards of this section and the purpose of this code. Any conditions established by the Planning Commission shall relate directly to the requested variance.
I. Any violation of the conditions of approval shall be a violation of this code, subject to the enforcement and penalties of Chapter 1123: Enforcement and Penalties.
(c) Review Criteria. Where an applicant is seeking a variance, the following factors shall be considered and weighed by the Planning Commission to determine if a practical difficulty exists that would justify approval of the variance. However, no single factor listed below may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.
(1) 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 proximity to non-conforming and inharmonious uses, structures or conditions;
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(3) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
(4) 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;
(5) Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;
(6) Whether special conditions or circumstances exist as a result of actions of the applicant (actions of the applicant shall not include the purchase or acquisition of the property);
(7) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(8) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;
(9) 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; and
(10) Whether a literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this code.
(d) Time Limit.
(1) The applicant shall submit a completed application for a zoning certificate and start work within one year of the date the variance was approved or the approval shall expire.
(2) Upon expiration of a variance approval, a new application, including all applicable fees, shall be required before a variance application will be reviewed.
(3) Upon written request, one extension of one year may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(4) As part of the variance approval, the Planning Commission may authorize alternative time limits for zoning certificate issuance based on the scale of the proposed development.
(e) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission in regards to a variance application shall have the right to appeal the decision the Village Council as provided in Section 1103.15: Appeals to Village Council. (Ord. 2023-16. Passed 6-5-23.)
(a) Purpose. A zoning certificate 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 Village.
(b) Applicability.
(1) No building or other structure shall be erected, moved, altered or added to, nor shall any building, structure or land be occupied or used, in part or in whole, without a zoning certificate issued by the Zoning Administrator.
(2) Any change in use within an existing structure or of land shall require a zoning certificate with the exception that a change in tenancy or ownership of a residential dwelling unit shall not be required to receive a zoning certificate.
(3) A zoning certificate may be required for the establishment of certain temporary or accessory use as established in Chapter 1109: Accessory and Temporary Uses.
(4) The use of vacant land shall require the issuance of a zoning certificate.
(5) Unless otherwise specifically exempted in Chapter 1117: Signs, signs shall require a zoning certificate.
(6) Zoning certificates shall be issued only in conformity with the provisions of this code unless the application is subject to an approval by the Planning Commission, providing for additional standards, conditions, or modifications, in which case, the zoning certificate shall be issued in conformity with the provisions of those approvals, as applicable.
(7) Failure to obtain a zoning certificate shall be a violation of this code subject to the provisions of Chapter 1123: Enforcement and Penalties.
(c) Procedures, Permits, or Certificates Subject to Similar Review. For the purposes of this code, the zoning certificate review shall be an administrative review that may be applied to permits or certificates of other names (e.g., sign permits, temporary use permits, zoning occupancy permit, etc.) if stated in this code. In such cases, the procedure of this section shall still apply.
(d) Zoning Certificate Review Procedure. The review procedure for a zoning certificate shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(2) Step 2 - Zoning Administrator Review and Decision.
A. The Zoning Administrator may distribute the application to other staff members and other Village departments to solicit comment on the zoning certificate application.
B. For any zoning certificate application for seeking or proposing development or applicable activities in a special flood hazard area, the Zoning Administrator shall be required to also review and make a decision on the zoning certificate application as it relates to any flood-related regulations.
C. Within fifteen (15) days after the application is determined to be complete, the Zoning Administrator shall make a decision either approving or denying the zoning certificate application. For applications that include uses, structures, or buildings in a special flood hazard area pursuant to Section 1111.08, or for applications that require the submission of a landscaping plan in accordance with Chapter 1113: Landscaping and Screening, the Zoning Administrator shall have thirty (30) days to make a decision on the zoning certificate. An extension on the decision may be granted with approval from the applicant. Where the proposed development is within a special flood hazard area, the Zoning Administrator shall be required to make a decision within the same timeframe.
D. Prior to finalizing a decision on 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 with this code. The Zoning Administrator shall not sign the zoning certificate until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the Zoning Administrator. Failure by the applicant to submit any revised forms, maps, and documents to demonstrate compliance within ninety (90) days of notice from the Zoning Administrator shall be deemed a withdrawal of the application and the applicant shall forfeit all application fees.
E. If the Zoning Administrator denies the application, such denial shall be accompanied by written explanation of such denial, which shall in no way inhibit or obligate the Zoning Administrator on any future applications. Such decision shall be delivered by certified mail or personal service to the applicant.
(e) Review Criteria.
(1) In order to approve any zoning certificate, 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 that may have been required by this code.
(2) The Zoning Administrator shall deny any application which they determine contains information which is clearly and demonstrably false. There is no administrative appeal from such denial. Should the applicant file an amended application containing correct information, it shall be treated as a new application and the Zoning Administrator shall collect the filing fee established by this section.
(f) Time Limit and Abandoned or Suspended Work.
(1) The applicant shall obtain an approved building permit, where required, and begin construction, within one year of the date the zoning certificate is approved or the approval shall be revoked. The date of approval shall be the date the Zoning Administrator provides a signed copy of the permit to the applicant.
(2) For activities that do not require a building permit, the activity shall have been substantially begun within one year of approval and is thereafter pursued to completion, as determined by the Zoning Administrator.
(3) Time limits for permitted temporary uses and structures shall be as authorized in Section 1109.02. An approval of a zoning certificate for a temporary use shall include the approved start and end dates for the proposed temporary use.
(4) Construction shall be completed within eighteen (18) months of approval of the zoning certificate or the zoning certificate shall be revoked.
(5) Upon written request, two extensions of the time limits set forth in (1) and/or (4) above, for up to six months each may be granted by the Zoning Administrator if the applicant can show good cause for a delay. Additionally, the Zoning Administrator shall have the authority to extend the time limits for the start of construction and completion of construction as part of the zoning certificate approval if the scale of the work justifies such extension.
(6) The Zoning Administrator shall notify the applicant of the revocation of a zoning certificate including notice that further work or use as described in the canceled permit shall not proceed unless and until a new zoning certificate has been obtained or extension granted.
(7) Upon revocation of a zoning certificate approval, a new application, including all applicable fees, shall be required before a new zoning certificate application will be reviewed.
(8) The above time limits shall not apply if alternative time limits have been approved by Planning Commission or Village Council as part of a site plan or Planned Development approval.
(9) For the purposes of this section, construction is deemed to have begun when all necessary excavation and piers or footings for one or more principal buildings included in the plan shall have been completed.
(g) Revoking a Zoning Certificate. A zoning certificate shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. The Zoning Administrator shall have the ability to revoke such certificate in accordance with Chapter 1123: Enforcement and Penalties. In the event of the revocation of a zoning certificate, an appeal may be taken to the Planning Commission in accordance with Section 1103.14: Appeals to the Planning Commission, of this code.
(h) Appeals. Except as provided for in Section 1103.13(e)(2), 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 Planning Commission as established in Section 1103.14: Appeals to the Planning Commission provided such appeal is made within fifteen (15) days after the decision of the Zoning Administrator is mailed by certified letter or personal service to the address listed on the application. (Ord. 2023-16. Passed 6-5-23.)
(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by an administrative decision of the Zoning Administrator made in the administration or enforcement of this code.
(b) Applicability. An appeal may be made regarding any administrative decision made in the administration and enforcement of this code by the Zoning Administrator.
(c) Initiation. Appeals may be initiated by the person aggrieved or affected by any order, decision, determination, or interpretation made by the Zoning Administrator, or the appeal may be initiated by the Village Administrator.
(d) Appeals Review Procedure. The review procedure for appeals shall be as follows:
(1) Step 1 - Submission of Appeal.
A. Within fifteen (15) days of the administrative order, decision, determination, or interpretation, the person appealing the decision or their authorized agent shall submit all required information to the Zoning Administrator in accordance Section 1103.06: Common Review Requirements.
B. As part of the submission, the person appealing the decision shall be obligated to submit a statement of how they believe the original decision was incorrect and to provide a basis for the appeal.
(2) Step 2 - Forwarding of the Record to the Planning Commission.
A. 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 Planning Commission. This material shall constitute the record of the appeal.
B. The Zoning Administrator or person making a decision as the designee of the Zoning Administrator shall have the authority to prepare a report to the Planning Commission summarizing their findings for their decision and providing any supplemental information to assist in the consideration of the appeal.
(3) Step 3 - Planning Commission Review and Decision.
A. The Planning Commission shall hold a public hearing within forty-five (45) days of the filing of the appeal provided adequate notification is provided pursuant to Section 1103.06(c)(2).
B. At the public hearing, the party bringing the appeal shall be provided an opportunity present argument and evidence, and a similar opportunity shall be afforded to those who wish to present additional or opposing arguments or evidence, as well as Village staff, all in accordance with Section 1103.06(d)(2), with procedural rules as may be established from time to time by the Planning Commission, and/or as announced at the start of the public hearing.
C. In reviewing the appeal, the Planning Commission shall at a minimum, consider the review considerations of this section.
D. Within ninety (90) days of the close of the public hearing, the Planning Commission shall render a decision on the appeal. The Zoning Administrator shall notify the appellant in writing of the decision of the Planning Commission.
E. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
F. The decision of the Planning Commission shall become effective immediately.
(e) Review Considerations. 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.
(f) Stay. A properly submitted appeal shall stay all administrative proceedings by the Village in furtherance of the action appealed, unless the Zoning Administrator certifies to the Planning Commission 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 Planning Commission or by a court of competent jurisdiction, for good cause shown.
(g) Appeals of Planning Commission Decisions. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall have the right to appeal the decision the Village Council in accordance with Section 1103.15.
(Ord. 2023-16. Passed 6-5-23.)
(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by a decision of the Planning Commission as established in this chapter.
(b) Applicability. An appeal may be made regarding any decision of the Planning Commission as established in Section 1103.03(e).
(c) Initiation. Appeals to Village Council may be initiated by:
(1) Any person aggrieved or affected by any order, decision, determination, or interpretation made by the Planning Commission;
(2) The administrative staff of the Village; or
(3) A member of Village Council.
(d) Appeals Review Procedure. The review procedure for appeals shall be as follows:
(1) Step 1 - Submission of Appeal.
A. Within fifteen (15) days of the Planning Commission decision of which Is being appealed, the person appealing the decision or their authorized agent shall submit all required information to the Zoning Administrator in accordance Section 1103.06: Common Review Requirements.
B. As part of the submission, the person appealing the decision shall be obligated to submit a statement of how they believe the original decision was incorrect and to provide a basis for the appeal.
(2) Step 2 - Forwarding of the Record to the Village Council.
A. Upon receiving the written appeal of a decision of the Planning Commission, the Zoning Administrator shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the Village Council This material shall constitute the record of the appeal.
B. The Zoning Administrator or person making a decision as the designee of the Zoning Administrator shall have the authority to prepare a report summarizing their findings for their decision and providing any supplemental information to assist in the consideration of the appeal.
(3) Step 3 - Village Council Consideration to Hear Appeal.
A. The Village Council shall review the application at its next regularly scheduled meeting, provided the appeal was filed a minimum of ten (10) days prior to the scheduled meeting. If the appeal was filed less than ten (10) days prior to the next regularly scheduled meeting, the Zoning Administrator shall place the appeal on the agenda for the following regularly scheduled meeting.
B. Village Council will review the appeal at the meeting to decide if they want to accept and hear the appeal or if the original decision will stand.
C. In determining whether to hear the appeal, the Village Council may clarify the basis for the appeal by discussing the matter and/or asking questions of the applicant and/or appealing party.
D. The concurrence of a majority of the Village Council membership is required to hear an appeal. If a majority of Council does not agree to hear the appeal, the original decision will stand and shall be deemed final and binding.
E. If the Village Council agrees to hear the appeal, the appeal shall move to Step 4 below.
(4) Step 4 - Village Council Review and Decision.
A. The Village Council shall hold a public hearing at its next regularly scheduled meeting provided adequate notification is provided pursuant to Section 1103.06(c)(2).
B. In reviewing the appeal, the Village Council shall at a minimum, consider the review considerations of this section.
C. Within thirty (30) days of the close of the public hearing, the Village Council shall render a decision on the appeal. The Zoning Administrator shall notify the appellant in writing of the decision of the Village Council.
D. The concurrence of two-thirds (2/3) of the full Village Council membership shall be required to overturn the decision of the Planning Commission.
E. The decision of the Village Council shall become effective immediately.
F. If during consideration of such an appeal the Village Council finds that the facts presented by the appealing party differ materially from the written findings of fact issued by the Planning Commission, it may allow for the submission of new facts or the Village Council may remand the matter before it on appeal to the commission or board from which it was appealed for further consideration.
(e) Review Considerations. 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.
(f) Stay. A properly submitted appeal shall stay all administrative proceedings by the Village in furtherance of the action appealed, unless the Zoning Administrator certifies to the Village Council 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 Village Council or by a court of competent jurisdiction, for good cause shown.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Village Council shall have the right to appeal the decision the court of common pleas as provided in ORC Chapters 2505 and 2506.
(Ord. 2023-16. Passed 6-5-23.)
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 Planning Commission only on appeal from the decision of the Zoning Administrator. Such appeals shall be in accordance with Section 1103.14: Appeals.
(Ord. 2023-16. Passed 6-5-23.)