(a) Hardship Relief Petition. Any applicant for development, after a final decision on its application is rendered by the City Manager, Planning Commission, or City Council, may file a Hardship Relief Petition with City Council seeking relief from the City's zoning or other land development regulations on the basis that the denial of the application has created a substantial economic hardship, depriving the applicant of all reasonable use of its property.
(b) Affected Property Interest. The Hardship Relief Petition must provide information sufficient for the City Attorney to determine that the petitioner possesses a protectable interest in property under Article 1, Sections 16 and 19 of the Constitution of Ohio and the Fifth Amendment to the United States Constitution.
(c) Time for Filing Notice of Petition and Petition. No later than ten calendar days from final action by the Planning Commission, BZBA, or City Council, or other City review authority on any site plan or other type of zoning application, the applicant shall file a Notice of Petition in writing with the City Council. Within thirty days of the filing of a Notice of Petition, the applicant shall file a Hardship Relief Petition with the City Council.
(d) Information to Be Submitted with Hardship Relief Petition.
(1) The hardship relief petition must be submitted on a form prepared by the City Manager, and must be accompanied at a minimum by the following information:
A. Name of the petitioner;
B. Name and business address of current owner of the property; form of ownership, whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other; and if owned by a corporation, partnership, or joint venture, name and address of all principal shareholders or partners;
C. Price paid and other terms of sale for the property, the date of purchase, and the name of the party from whom purchased, including the relationship, if any, between the petitioner and the party from whom the property was acquired;
D. Nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership or leasehold interest;
E. Terms (including sale price) of any previous purchase or sale of a full or partial interest in the property by the current owner, applicant, or developer prior to the date of application;
F. All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three years prior to the date of application;
G. The assessed value of and ad valorem taxes on the property for the three years prior to the date of application;
H. All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including but not limited to, right of purchasers to assume the loan;
I. All listings of the property for sale or rent, price asked and offers received, if any, during the period of ownership or interest in the property;
J. All studies commissioned by the petitioner or agents of the petitioner within the previous three years concerning feasibility of development or utilization of the property;
K. For income producing property, itemized income and expense statements from the property for the previous three years;
L. Evidence and documentation of improvements, investments, or expenditures for professional and other services related to the property made during the past three years;
M. Information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and
N. Information about use(s) of the property during the three years prior to the application.
(2) The City Manager or the appointed Hearing Officer may request additional information reasonably necessary, in their opinion, to arrive at a conclusion concerning whether there has been a denial of all reasonable economic use constituting a substantial economic hardship.
(e) Failure to Submit Information. In the event that any of the information required to be submitted by the petitioner is not reasonably available, the petitioner shall file with the petition a statement of the information that cannot be obtained and shall describe the reasons why such information is unavailable.
(Ord. 18-93. Passed 10-15-19.)