(a) Purpose. The purpose of this chapter is to establish the review procedures that will ensure that the regulations set forth in this code are soundly and consistently applied, and that this code be vigorously administered.
(b) Common Review Standards. The requirements of this section shall apply to all applications and procedures subject to development review under this code, unless otherwise stated.
(1) Authority to File Applications.
A. Unless otherwise specified in this code, applications defined in this code may be initiated by:
i. An owner of the property that is subject of the application; or
ii. An agent authorized by the owner, which may include a lessee of the property.
B. The Planning Board or City Council may initiate code text and map amendments under this code with or without written authorization or application from the property owner who may be affected.
(2) Application Submission Schedule. The schedule for the submission of applications in relation to scheduled meetings and hearings of the review bodies shall be established by the Zoning Administrator, and made available to the public.
(3) Application Contents (as applicable).
A. Applications required under this code shall be submitted in a form, in such numbers, and in a manner (digital or hard copy) as established by the Zoning Administrator, and made available to the public.
B. Applications shall be accompanied by a fee as established by City Council.
C. Complete Application Determination
i. The Zoning Administrator shall only initiate the review and processing of applications submitted under this chapter if such application is determined to be complete.
ii. An application shall be determined to be complete if the applicant has submitted all of the forms, maps, and other submittal requirements required for the specified application, in the numbers required.
iii. The Zoning Administrator shall make a determination of application completeness within 14 calendar days of the application filing.
iv. If the application is determined to be complete, the application shall then be processed according to the procedures and timelines set forth in this code.
v. If an application is determined to be incomplete, the Zoning Administrator 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 and the Zoning Administrator determines that the application is complete.
vi. The City shall not be required to process an incomplete application, forward an incomplete application to any decision-making body, or be subject to any required timelines of review for incomplete applications.
vii. If the applicant fails to correct all deficiencies and submit a complete application within 90 days of the notice provided by the Zoning Administrator, the incomplete application shall not be reviewed, the applicant's original filing fee shall be forfeited, and the incomplete application shall be deemed withdrawn. The Zoning Administrator may grant one 60 day extension if just cause is shown.
viii. No reconsideration of an incomplete application shall occur after expiration of the 90-day period, and an applicant in need of further development approval under the code shall, pursuant to all of the original requirements this chapter, submit a new application, and submit a new filing fee.
ix. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(4) Simultaneous Processing of Applications.
A. Whenever two or more forms of review and approval are required under this code, the Zoning Administrator shall determine the order and timing of review.
B. The Zoning Administrator may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.
(5) Pre-application Meetings (as applicable)
A. Prior to filing an application, an applicant may request a meeting with the Zoning Administrator or City Engineer for a pre-application meeting to discuss the proposed application or project.
B. The purpose of the pre-application meeting shall be to discuss the proposed application or project, review submittal requirements, and discuss compliance with the provisions of this code and the comprehensive plan prior to the submission of an application.
C. The applicant should be prepared to provide all of the application submittal requirements established for the applicable review procedure pursuant to subsection 1132.05(b)(3), Application Contents.
D. Applicants for planned developments or zoning map amendments may request an informal pre-application meeting with the Planning Board to informally discuss the proposed amendment. However, no action shall be taken at such a meeting.
E. No action can be taken by the staff and/or any boards until the applicant submits an actual application and/or plan to the City pursuant to the laws and policies of the City. Therefore, all discussions that occur between the applicant and/or applicant's representative(s) and staff, and/or City boards, that occur prior to the date the applicant submits an actual application and/or plan including, but not limited to, any informal meetings with City staff, boards, any pre-application conferences or meetings, are not binding on the City and do not constitute official assurances or representations by the City or its officials regarding any aspects of the plan or application discussed.
(6) Fees.
A. Any application for development review under this code shall be accompanied by such fee as shall be specified from time to time by ordinance of City Council. There shall be no fee, however, in the case of applications filed by City Council or the Planning Board.
B. The fees shall be in addition to any other fees that may be imposed by the City, State, County, or other agency having jurisdiction.
C. Such fees are adopted to cover the cost to the City for investigations, legal advertising, postage, and other expenses resulting from the administration of the respective zoning activities.
D. Unless otherwise identified in the fee schedule adopted by City Council, no application shall be processed or determined to be complete until the established fee has been paid.
E. Application fees are not refundable except where the Zoning Administrator determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.
(7) Public Notification for Public Hearings and Public Meetings.
A. Applications for approvals that require public hearings shall comply with all applicable State requirements.
B. The Zoning Administrator shall be responsible for providing the required notice as specified by this subsection.
C. Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
i. Identify the address or location of the property subject to the application and the name of the applicant or the applicant's agent;
ii. Indicate the date, time, and place of the public hearing;
iii. Describe the land involved by street address, Greene County parcel identification number, or by legal description;
iv. Describe the nature, scope, and purpose of the application or proposal;
v. Identify the location (e.g., the offices of the Zoning Administrator) where the public may view the application and related documents;
vi. Include a statement that the public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application; and
vii. Include a statement describing where written comments will be received prior to the public hearing.
D. Notice Requirements. Published and mailed notice for public hearings shall be provided as required by the Ohio Revised Code.
E. Published Notice.
i. Published notice shall be provided in a minimum of one newspaper of general circulation.
ii. The content and form of the published notice shall be consistent with the requirements of this section and State law.
F. Written (Mailed) Notice
i. Written notification of property owners shall apply only to the initial presentation of the application for the public hearing in front of the applicable review board.
ii. Written notice shall be postmarked no later than amount of days prior to the hearing date at which the item will be considered.
iii. Notice shall be sent to the address of such owners appearing on the Greene County Auditor's current tax list or the County Treasurer's mailing list within two hundred fifty (250) feet in any direction of the property that is the subject of the application.
G. Constructive Notice
i. 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. 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. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct the department 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.
ii. When the records of the City document the 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.
(8) Conduct of Public Hearings.
A. Rights 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.
B. Continuance of a Public Hearing or Deferral of Application Review
i. 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 Administrator prior to the publication of notice as may be required by this code. The Zoning Administrator may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.
ii. A request for deferral of consideration of an application received by the Zoning Administrator after publication of notice of the public hearing as required by this code shall be considered as a request for a continuance of the public hearing, and may only be granted by the review or decision-making body.
iii. The review or decision-making 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. No additional notice is required if the fixed date, time, and place is announced at the time of the continuance.
(9) Withdrawal of Application. Any request for withdrawal of an application shall be either submitted in writing to the Zoning Administrator or made through a verbal request by the applicant prior to action by the review or decision-making body.
A. The Zoning Administrator 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.
(10) Examination and Copying of Application and Other Document (New). Documents and/or records may be inspected and/or copied as provided for by State law. At a minimum, the documents and/or records shall be available in the office of the Zoning Administrator.
(11) Effect of any Approvals.
A. The issuance of any approval, certificate, or permit under this code shall authorize only the particular development, alteration, construction, or use approved in the subject application.
B. All approvals shall run with the land or use and shall not be affected by change in ownership.
(12) Amendments of Approved Applications.
A. Minor Amendments
i. For any review procedure, the Zoning Administrator is authorized to allow minor changes related to design of an approved application where the change is insignificant. This shall not give the Zoning Administrator the authority to vary the requirements of this code or any conditions of approval.
ii. In cases where the proposed minor amendment is related to a public improvement or another element that the City Engineer has authority over, the City Engineer shall have the same authority to authorize minor changes.
B. Unless otherwise stated, any approval granted through the provisions of this code may be otherwise be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.
(13) Reapplication after Denial of an Application. If an application is denied, the applicant may:
A. Appeal the decision in accordance with the applicable appeals procedure established in this code;
B. Wait one year prior to resubmitting an application if it remains substantially the same as the original application; or
C. Make changes to the application that will fully address all issues and findings identified for the denial and resubmit a new application, including any required fees. Any such resubmission that occurs within one years of the date of original denial must include a list of the findings for denial and evidence that shows how the new application has substantially changed to address each of the findings. The Zoning Administrator shall have the authority to determine if the evidence submitted substantially changes the application to address all issues as part of the complete application. If it does not, the Zoning Administrator shall return the application, with reasons for their determination in writing, along with any paid fees; or
D. Submit a new application if the proposed use and design of the site will be entirely different than the denied application.
(14) Subsequent Development.
A. Development authorized by any approval under this section and this code shall not be carried out until the applicant has secured all other approvals required by this code or any other applicable provisions of the City.
B. The granting of any approval, certificate, or permit shall not guarantee the approval of any other required certificate, permit, or application.
C. The City shall not be responsible for reviewing the application for compliance with any permits, certificates, or other approvals that may be required by the Greene County, State, or other agencies having jurisdiction.
(15) Computation of Time.
A. 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, in which case the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday as observed by the City of Fairborn where the City administrative offices are closed for the entire day.
B. 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).
C. 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 Fairborn in which the City administrative offices are closed for the entire day.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)