(a) Notifications. Where required by the Ohio Revised Code or the Planning and Zoning Code, public hearings shall be scheduled, and notice provided of such public hearing in accordance with the following:
(1) Written notice, whether by publication or mail shall:
A. Indicate the date, time and place of the hearing.
B. Specify the address or location of the subject property.
C. Describe the scope and purpose of the application.
D. Identify the Municipal department where the public may view the application and related documents.
E. Include a statement that the public may appear, speak, and present written comments regarding the application, so long as the comments are made available to the proponent of the matter that is the subject of the public hearing and remain available to be examined on the comments made by such proponent, other interested parties and the Board, Commission, Council or other agency considering the matter.
(2) Notice of the public hearing shall be posted to the official web site of the Municipality at least fifteen (15) days before the date of the hearing.
(3) If such application concerns any request other than an interpretation of the text of such zoning ordinance, notice of the hearing shall also be mailed by the Clerk of Council, by first class mail, at least fifteen (15) days before the hearing date, to owners of property within and contiguous to, and directly across the street from, the location of the property involved in the application request, as well as to all owners of property within three hundred (300) feet of the location of the property involved in the application request. The addresses of such owners shall be obtained from the addresses appearing on the County Auditor's tax list or the County Treasurer's mailing list. The failure to mail notices to owners whose names do not appear on such lists, as well as the failure of delivery of such notice, shall not invalidate any such action by the Board.
(4) During the fifteen (15) days preceding the hearing, a copy of the application submitted by the applicant shall be on file for public inspection in the office of the Clerk of Council.
(b) Minor defects in any published or mailed notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects shall be considered those which do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. If questions arise at the hearing regarding the adequacy of notice, the decision- making body shall make a finding as to whether there was substantial compliance with the notice requirements of this Planning and Zoning Code prior to final action on the request. When the records of the Municipality document the publication or mailing of required notices, it shall be presumed that notice of a public hearing was given as required by this section.
(c) Hearings. Hearings shall be conducted in the following manner. Hearings shall be public. Upon the day of a hearing the reviewing body may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the reviewing body so decides.
(Ord. 2019-30. Passed 8-13-19.)
Actions Requiring Various Types of Municipal Authorizations
Proposed Action Regarding a Structure or Land | Zoning Certificate | Building Permit | Planning & Zoning Commission Approval | ABR Approval | Municipal Engineer Approval |
Land subdivision | X | X | |||
Change in use | X | X1 | |||
Erection | X | X | X2 | X | X |
Enlargement | X | X | X1 | X | |
Moving | X | X | X2 | X | |
Demolition | X | X | |||
Alteration | X | X | X | ||
Repair | X | X | |||
Outdoor Lighting | X | X3 | X3 | ||
1. Planning and Zoning Commission approval required only if a change in the number of required parking space is involved.
2. For main buildings; except in R1 and R2F Districts.
3. Except in R1 and R2F Districts.
(Ord. 2019-39. Passed 8-13-19.)