The requirements of this section shall apply to all development review applications and procedures subject to review under this Code, unless otherwise stated.
(1) Authority to file applications.
(A) Unless otherwise specified in this Code, development review applications may be initiated by:
1.) The owner of the property that is the subject of the application; or
2.) The owner’s authorized agent.
(B) When an authorized agent files an application under this Code on behalf of a property owner(s), the owner(s) of all properties shall be required to sign the application, which shall bind all decisions, and related conditions of approval, to the owner of the property.
(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 Planning Department and made available to the public.
(3) Application contents.
(A) Submittal requirements. Applications required under this Code shall be submitted in a form and in such numbers as established by the Planning Department and made available to the public.
(B) Submission of fees. Applications shall be accompanied by a fee as established by City Council, in a separate ordinance, and pursuant to division (6) below.
(C) Complete application determination.
1.) The Planning Department shall only initiate the review and processing of applications submitted under this chapter if such application is complete.
2.) The Planning Department shall make a determination of application completeness within ten days of the application filing.
3.) If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this Code.
4.) If an application is determined to be incomplete, the Planning Department shall provide 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 resubmittal application.
5.) Additional fees may be required if the applicant fails to submit a complete application within 60 days of the initial application.
6.) If the applicant fails to resubmit a complete application within 60 days, the original fee shall be forfeited and the applicant shall be required to submit a new application including fees pursuant to this chapter.
7.) 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. Whenever two or more forms of review and approval are required under this Code (e.g., a site plan review or variance), the applications for those approvals may, at the option of the Planning Director, be processed simultaneously, so long as all applicable requirements are satisfied for all applications.
(5) Effect of preapplication conferences or meetings. Discussions that occur during a preapplication conference or meeting 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) Determination of fees. City Council shall approve the fees to accompany applications submitted under this Code through the adoption of a fee schedule. City Council may adjust the fees from time-to-time.
(B) Fees to be paid. No application shall be processed or determined to be complete until the established fee has been paid.
(C) Refund of fees.
1.) Application fees are not refundable, except where the Planning Department 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.
2.) For final subdivision plats, in the event that the plat is withdrawn by the applicant before any physical inspection of the site has been made or before any staff review time, the Planning Director may process a request that the applicant be refunded an amount not to exceed one-half of the fee paid.
(7) Public notification. Applications for development approval shall comply with all applicable Ohio Revised Code requirements and the provisions of this chapter with regard to public notification.
(A) Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
1.) Identify the address or location of the property subject to the application and the name, and address of the applicant or the applicant’s agent;
2.) Indicate the date, time and place of the public hearing;
3.) Describe the land involved by street address, or by legal description and the nearest cross street, and project area (size);
4.) Describe the nature, scope and purpose of the application or proposal;
5.) Identify the location (e.g., the offices of the Planning Department) where the public may view the application and related documents;
6.) 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
7.) Include a statement describing where written comments will be received prior to the public hearing.
(B) Notice requirements. Published and mailed notice shall be provided as defined in Table 157.047-1.
Development Review Procedure | Agency Responsible for Notification | Published Notice | Mailed Notice |
Text or map amendment | Clerk of Council | Published notice required a minimum of 30 days before the City Council hearing | Written notice shall be required a minimum of 20 days before the City Council hearing only if a zoning map amendment will affect ten or fewer properties; written notice shall be provided to the applicant and all property owners within, contiguous and directly across the street of the subject property |
Conditional use permit | Planning Department | Published notice required a minimum of ten days before the PZC hearing | Written notice to the applicant and all property owners within, contiguous and directly across the street of the subject property shall be required a minimum of ten days prior to the hearing |
Variance | Zoning Division | Published notice required a minimum of ten days before the BZA hearing | |
Appeals | Zoning Division | Published notice required a minimum of ten days before the BZA hearing | |
(C) Published notice. When the 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. The content and form of the published notice shall be consistent with the requirements of division (7)(A) of this section and state law.
(D) Written notice.
1.) The agency responsible for notification shall notify applicable property owners by regular mail, of information required in division (7)(A) of this section and state law.
2.) The letters to the applicable property owners shall be postmarked no later than the minimum number of days required in division (7)(B) of this section.
(E) Constructive notice.
1.) 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 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.
2.) When the records of the city document the publication, mailing and 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) Continuation of public hearings. A public hearing for which proper notice was given may be continued to a later date without again complying with the written notice requirements of this Code; provided that the continuance is set for a date within 60 days and the date and time of the continued hearing are announced at the time of the continuance.
(9) Effect of inaction on applications. When a review or decision-making body fails to take action on an application within the time required, such inaction shall be deemed a denial of the application, unless the decision-making body agrees to an extension of the time frame that is mutually agreed upon between the applicant and the decision-making body.
(Prior Code, § 1224.03) (Ord. 2009-21, passed 10-27-2009)