Loading...
1103.13 ZONING CERTIFICATE.
   (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.)
1103.14 APPEALS TO THE PLANNING COMMISSION.
   (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.)
1103.15 APPEALS TO VILLAGE COUNCIL.
   (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.)
1103.16 INTERPRETATION OF THE CODE.
   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.)