The requirements of this section shall apply to all applications and procedures subject to development review under this Code, unless otherwise stated.
(a) Authority to File Applications.
(1) Unless otherwise specified in this Code, development review applications may be initiated by:
A. The owner of the property that is the subject of the application; or
B. The owner's authorized agent.
(2) Each applicant shall be required to attest to the correctness of the statements and data furnished with the application.
(b) Application Submission Schedule. The schedule for the submission of applications in relation to scheduled meetings and hearings of review bodies shall be established by the engineering division and made available to the public.
(c) Application Contents.
(1) Applications filed under this Code shall be submitted in a form and in such numbers as established by the Zoning Commissioner and made available to the public.
(2) Applications shall be accompanied by a fee as established by the City and pursuant to Subsection 1165.02(f) Fees.
(3) Digital copies of application material, including plans, plats, and other images or drawings, shall be submitted in a format as established by the engineering division. Once an application is approved, digital copies of final versions of plans and plats shall be provided if revisions are made during the application review process.
(4) Complete Application Determination.
A. The Zoning Commissioner shall only initiate the review and processing of applications submitted under this chapter if such application is determined to be complete.
B. If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this Code.
C. If an application is determined to be incomplete, the Zoning Commissioner shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected in a future re-submittal application.
D. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(5) Survey Requirements.
A. General Requirements.
1. All dimensions shown on filed plans shall be based on a survey.
2. If required, the applicant shall submit a survey of the property completed by a registered surveyor if complete and accurate property information is not available from existing records.
B. As Required for Subdivision Applications.
1. A single parcel being subdivided may need a survey, at the discretion of the city engineer or the Defiance County Auditor. The second parcel being transferred from an original parcel by the same person must be surveyed.
2. All plats shall be based on a land survey made and certified by a registered surveyor.
(6) All plans shall be prepared by a professional licensed to do work in the State of Ohio (i.e. a professional engineer).
(d) Simultaneous Processing of Application. Whenever two or more forms of review and approval are required under this Code, the Zoning Commissioner shall determine the order and timing of review. The Zoning Commissioner may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.
(e) Suitability of Land. If the Planning Commission finds that land proposed to be subdivided or developed is unsuitable for development due to flooding, bad drainage, topography, inadequate water supply, school, transportation facilities, and other such conditions which may endanger health, life, or property, and, if from investigations conducted by the public agencies concerned, it is determined that in the best interest of the public that the land should not be developed for the purpose proposed, the Planning Commission shall not approve the land for subdivision or development unless adequate methods are advanced by the developer for solving the problems that will be created by the development of the land.
(f) Fees.
(1) Determination of Fees.
A. The determination of a fee schedule for the development review procedures of this Code shall be established by the City Administrator. The City Administrator may adjust the fees from time-to-time.
B. The adopted fee schedule shall be made available to the public in the office of the City Engineer.
C. If the City determines that the costs on a particular application are extremely high as a result of preparation of legal descriptions, maps, studies, or other required information, or as a result of the need for professional expert review, study, or testimony, the Zoning Commissioner is authorized to collect such additional costs from the applicant.
(2) Fees to be Paid.
A. No application shall be processed or permit issued until the established fee has been paid.
B. Fees shall be paid in legal tender or by check or money order made payable to the City.
(3) Refund of Fees. Application fees are not refundable, except where the Zoning Commissioner determines that an application was accepted in error, or the fee paid exceeded the amount due, in which case the amount of the overpayment will be refunded to the applicant.
(g) Public Notification for Public Meetings. Applications for development approval that require public meetings shall comply with all applicable ORC requirements and the provisions of this chapter in regard to public notification.
(h) Public Notification for Public Hearings. Applications for development approval that require public hearings shall comply with all applicable ORC requirements and the provisions of this chapter in regard to public notification.
(1) Content. Notices for public hearings, whether by publication or mail (written notice), shall, at minimum:
A. Identify the address or location of the property subject to the application and the name, address, and telephone number of the applicant or the applicant's agent;
B. Indicate the date, time, and place of the public hearing;
C. Describe the land involved by street address, or by legal description and the nearest cross street, and project area (size);
D. Describe the nature, scope, and purpose of the application or approval;
E. Identify the location (e.g., the office of the City Engineer) where the public may view the application and related documents;
F. Include a statement that the public may appear at the public hearing, be heard, and submit written comments with respect to the application; and
G. Include a statement describing where written comments will be received prior to the public hearing.
(2) Notice Requirements. Published and mailed notice for public hearings shall be provided as defined in Table 1165.02-1: Public Notice Requirements.
TABLE 1165.02-1: PUBLIC NOTICE REQUIREMENTS | |||
DEVELOPMENT REVIEW PROCEDURE | AGENCY RESPONSIBLE FOR NOTIFICATION | MAILED NOTICE | PUBLISHED NOTICE |
Code Text or Zoning Map Amendment | Clerk of Council or Zoning Commissioner [1] | Written notice shall be required a minimum of 20 days before public hearing by the Planning Commission or City Council. | Published notice required a minimum of 30 days before a public hearing. |
Planned Unit Development - Preliminary Plan | Zoning Commissioner [1] | ||
Variance of Subdivision Improvement Standards | Zoning Commissioner [1] | Written notice shall be required a minimum of 21 days prior to public meeting or hearing. | Published notice required a minimum of 21 days before a public meeting or hearing. |
Conditional Use Permit | |||
Variance (other than to Subdivision Plats) | |||
Appeal of Decision by Zoning Commissioner | |||
NOTES: [1] The Clerk of Council is responsible for sending notices for hearings by Council. The Zoning Commissioner is responsible for sending notices for Planning Commission or BZBA. | |||
(3) Published Notice. When provisions of this code require that notice be published, the agency responsible for notification shall prepare the content of the notice and publish the notice in a newspaper of general circulation in the city. The content and form of the published notice shall be consistent with Subsection 1165.02
(h) Public Notification for Public Hearings and state law.
(4) Written Notice.
A. The appropriate agency shall notify property owners within 200 feet of the subject property by regular mail, of information required in Subsection 1165.02(h) Public Notification for Public Hearings and state law.
B. Written notice to property owners within 200 feet of the subject property shall be postmarked no later than the minimum number of days required in Subsection 1165.02(h)(2) Notice Requirements.
(5) Constructive Notice. The following shall apply to all public notice requirements established in each development review:
A. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties.
B. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed.
C. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct the agency having responsibility for notification to make a formal finding as to whether there was substantial compliance with the notice requirements of this Code, and such finding shall be made available to the decision-making body prior to final action on the request.
D. When the records of the city document publication, mailing, and/or posting of notices as required by this chapter, it shall be presumed that notice of a public hearing was given as required by this section.
(6) Waiver of Notice Requirements for BZBA Hearings.
A. At the recommendation of the City Administrator or Law Director, and upon approval of the BZBA, the BZBA shall hold a special meeting and waive the 21-day notice requirement mentioned in Table 1165.02-1: Public Notice Requirements, only for commercial and industrial appeals.
B. When the 21-day requirement is waived and a special meeting is held, it shall be necessary to obtain in writing, on a prescribed form, the approval of surrounding property owners as required.
(i) Conduct of Public Hearing.
(1) Right of All Persons. Any person may appear at a public hearing and submit information or evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state his or her address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
(2) Continuance of a Public Hearing or Deferral of Application Review.
A. An applicant may request that a review or decision-making body's consideration of an application at a public hearing be deferred by submitting a written request for deferral to the Zoning Commissioner prior to the publication of notice as may be required by this Code. The Zoning Commissioner may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.
B. A request for deferral of consideration of an application received by the Zoning Commissioner after publication of notice of the public hearing as required by this Code shall be considered as a request for continuance of the public hearing, and may only be granted by the review or decision-making body.
C. The review body conducting the public hearing may, on its own motion or at the request of the applicant, continue the public hearing to a fixed date, time, and place.
(3) Withdrawal of Application. Any request for withdrawal of an application shall be either submitted in writing to the Zoning Commissioner or made through verbal request by the applicant prior to action by the review or decision-making body.
A. The Zoning Commissioner shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice for the public hearing on the application in accordance with this Code.
B. If the request for withdrawal of an application is submitted after publication of notice for the public hearing in accordance with this Code, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision-making body.
C. In all cases where the applicant has requested the withdrawal of an application, the application fee paid shall not be refunded.
(j) Examination and Copying of Application and Other Document. Documents and/or records may be inspected and/or copied as provided for by state law.
(k) Computation of Time.
(1) In computing any period of time prescribed or allowed by this Code, the date of the application, act, decision, or event from which the designated period of time begins shall not be included. The last date of the period of time to be computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday as observed by the City of Defiance where the City administrative offices are closed for the entire day.
(2) When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).
(3) When the City offices are closed to the public for the entire day which constitutes the last day of the period of time, then such application, act, decision, or event may be performed on the next succeeding day which is not a Saturday, a Sunday, or a legal holiday observed by the City of Defiance in which the City administrative offices are closed for the entire day. (Ord. 7675. Passed 11-11-14.)