(a) Proceedings of Planning Commission. The Planning Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of the Zoning Ordinance. Regular meetings shall be held on the second Wednesday of the month in the evening and at such other times as the Commission may determine, to include canceling scheduled meetings when deemed appropriate. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failure to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be a public record and be immediately filed in the office of the Commission.
(b) Duties of Planning Commission. For the purpose of the Zoning Ordinance, the Commission shall have the following duties:
(1) Review all proposed amendments to the Zoning Ordinance and make recommendations to Council;
(2) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector;
(3) Authorize such variances from the terms of the Zoning Ordinance as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of the Zoning Ordinance will result in unnecessary hardship, and so that the spirit of the Zoning Ordinance shall be observed and substantial justice done;
(4) Grant conditional zoning permits as specified in the District Regulations and under the conditions specified in Section and such additional safeguards as will uphold the intent of the Zoning Ordinance.
(Ord. 05-06. Passed 2-13-06.)
It is the intent of this Zoning Code that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Planning and Zoning Commission on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Planning and Zoning Commission shall be to Council. Recourse from Council shall be the Franklin County Court of Common Pleas as provided under the Ohio Revised Code.
(a) The provisions of this Zoning Code or Zoning Map may be amended, supplemented, changed or repealed to meet changing conditions or to better meet good zoning practices. Amendments may be initiated in one of three (3) ways:
(1) By adoption of a motion by the Planning and Zoning Commission.
(2) By adoption of a resolution by Council.
(3) By filing of an application by one or more owners or lessees of property within the area proposed to be changed or affected by amendments of provisions of this Zoning Code.
(b) Written application including all supporting materials for amendment of this Zoning Code initiated by property owner(s) or lessee(s), shall be submitted to the Planning and Zoning Commission. This process is separate from the requirements of Planned Districts (Chapter 1159). The application for amendment shall contain at least the following information:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) A current and accurate legal description of the property(s) in question and a current survey prepared by a licensed surveyor.
(3) The proposed amendment to the Zoning Code, the proposed use and the proposed zoning district of the property(s).
(4) The present use and present zoning district of the property(s).
(5) A list of all property owners within, contiguous to, and directly across the street from the property(s) in question. The list of addresses may correspond to the County Auditor's current tax list.
(6) A statement of the relationship of proposed change or amendment to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request to rezone.
(7) A fee as stipulated by ordinance shall be paid by the applicant to cover the costs of advertising, review, publishing and reporting of the application, payable to the General Fund.
(8) A plot plan to show:
A. Boundaries and dimensions of the lot and the size and location of all proposed and existing structures.
B. The proposed use of all parts of the lot and structures.
C. Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use.
D. Such additional information as may be required by this Zoning Code and/or requested by the Planning and Zoning Commission and/or the Zoning Inspector to review the application.
(9) Any deed restrictions, easements, covenants and encumbrances to be used to control the use, development and maintenance of land, and proposed uses, shall be fully denoted by text and map.
(10) At the discretion of the Zoning Inspector, an engineer's estimate of utility needs of the proposed use of the area being considered for rezoning, to include sewer, water, and refuse demand may be required. In addition, an engineer's estimate of potential traffic generation for the proposed uses and measures proposed by the applicant to mitigate the impacts resulting from said generation may be required by the Planning and Zoning Commission.
(11) For all developments over twenty-five (25) acres, and/or for commercial and industrial developments over 10,000 square feet and/or for any development that requires direct access to a major thoroughfare and/or for any development that is not contiguous with existing water and sewer, a fiscal/economic impact study will be required to determine if the development will require immediate or short-term expenditures on the part of the municipality in terms of infrastructure and/or support services.
(c) Criteria for Review. All rezoning activities must be consistent with the adopted comprehensive plan. The Planning and Zoning Commission shall, at the minimum, consider the following factors in the review of the application:
(l) Compatibility of the proposed amendment to adjacent land use, adjacent zoning and to appropriate plans for the area, including but not limited to the comprehensive plan.
(2) Relationship of the proposed amendment to access and traffic flow and utility services including sanitary sewer, water, and storm drainage, as outlined in the transportation thoroughfare plan, comprehensive plan and/or other adopted plans for the area.
(3) Relationship of the proposed amendment to the public health, safety, convenience, comfort, prosperity and general welfare, including impact on infrastructure and municipal services.
(4) Relationship of the proposed use to the adequacy of available services and to general expansion plans and planned capital improvements.
(d) Review Procedure.
(l) Filing and Acceptance of Application. Fifteen (15) copies of a completed application shall be filed with the Zoning Inspector at least thirty-five (35) days prior to a regularly scheduled meeting of the Planning and Zoning Commission. Prior to accepting such application, the Zoning Inspector shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Zoning Inspector, shall result in a refusal of acceptance.
(2) Public Hearing. The application will be held at the next regularly scheduled public hearing provided the applicant meets the requirements of subsection (d)(1) hereof. Nothing in this section shall prevent the Commission from granting a continuance of the public hearing.
(3) Public Notice for Hearing. At least one (1) notice shall be given at least ten (10) days prior to a scheduled public hearing in one (1) or more newspapers of general circulation in the Municipality. Such notice shall include time and place of the public hearing, nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to Council for further determination.
(4) Notice to Property Owners. Written notice of the hearing shall be mailed by the Municipality, at least ten (10) days prior to the date of a scheduled public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted, as listed in subsection (b)(5) hereof. The notice shall correspond to subsection (c) hereof in content.
(5) Action by Planning and Zoning Commission. Within thirty-five (35) days of the public hearing, the Planning and Zoning Commission shall review the application and forward one of the following recommendations to Council:
A. Recommend amendment be granted as requested.
B. Recommend a modification of amendment.
C. Recommend amendment not be granted.
(6) Public Hearing of the Council. Upon receipt of such recommendation, Council shall schedule a public hearing within sixty (60) days of said receipt. Nothing in this section shall prevent the Council from continuing a public hearing.
(7) Public Notice for Hearing. At least one (1) notice shall be given at least thirty (30) days prior to a scheduled public hearing in one (1) or more newspapers of general circulation in the Municipality. Such notice shall include time and place of the public hearing, nature of the proposed amendment, and a summary of the Planning and Zoning Commission's recommendation.
(8) Notice to Property Owners. Written notice of the hearing shall be mailed by the Municipality, at least twenty (20) days prior to the date of the public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted as listed. Notice shall correspond to subsection (g) hereof in content. The failure of delivery of such notice shall not invalidate any such ordinance, measure or regulation.
(9) Action by Council. Within sixty (60) days after public hearing, Council shall adopt or deny the recommendation of Planning and Zoning Commission or adopt a modification thereof. To adopt the Planning and Zoning Commission's recommendation, a majority vote of the membership of Council is required. To reverse or modify the Planning and Zoning Commission's recommendation, a vote of three-fourths (3/4) of the full membership of Council is required. An application for amending this Zoning Code that has been disapproved by Council shall be resubmitted to the Municipality no sooner than one (1) year of the date of such disapproval by Council. (Ord. 38-04. Passed 10-11-04.)
(a) Planning and Zoning Commission Consideration. The Planning and Zoning Commission may authorize upon appeal in specific cases such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance.
(b) Requirements for Variance. A variance from the terms of the Zoning Ordinance shall not be granted by the Planning and Zoning Commission unless and until a written application for a variance is submitted to the Zoning Inspector and the Planning Commission containing:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) A current and accurate legal description of the property(s) in question and a current survey prepared by a licensed surveyor.
(3) The nature of the variance required including what provisions of the Zoning Code are affected.
(4) A statement pertaining to and explaining the relation of the variance(s) requested to the criteria for approval as listed under subsection (c) hereof.
(5) A list of all property owners within, contiguous to, and directly across the street from the property(s) in question. The list of addresses may correspond to the County Auditor's current tax list.
(6) A plot plan to show:
A. Boundaries and dimensions of the property and the size and location of all proposed and existing structures.
B. The nature of the special conditions or circumstances.
C. The proposed use of all parts of the lot and structures.
D. The use of land and location of structures on adjacent properties.
E. Such additional information as may be required by this Zoning Code and/or requested by the Commission and/or the Zoning Inspector to review the application.
(c) Criteria for Approval. All relevant factors including but not limited to the following considerations shall be examined in the review, public hearing, and approval of an application for a variance:
(1) That special circumstances or conditions exist which are not applicable to other lands or structures in the same zoning district.
(2) That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the provisions of this Zoning Code.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
(4) That the granting of the variance will not confer on the applicant any undue privilege that is denied by this Zoning Code to other lands or structures in the same zoning district.
(5) That the granting of the variance will in no other manner adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.
(6) That the granting of the variance is not solely based upon the showing that the property could be put to better economic use than presently permitted by zoning regulations.
(7) That the granting of the variance will not permit a use that is otherwise not permitted within the respective zoning district.
(d) Review Procedure.
(1) Filing of Application. Fifteen (15) copies of a completed application shall be filed with the Zoning Inspector at least thirty-five days (35) days prior to a regularly scheduled meeting of the Planning and Zoning Commission. Prior to accepting such application, the Zoning Inspector shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Zoning Inspector, shall result in a refusal of acceptance.
(2) Public Hearing. The application shall be heard at the next public hearing, provided the applicant meets the requirements of subsection (d)(1) hereof. Nothing in this section shall prevent the Commission from granting a continuance of the public hearing.
(3) Public Notice for Hearing. At least one (1) notice shall be given at least ten (10) days prior to a scheduled public hearing in one (1) or more newspapers of general circulation in the Municipality. Such notice shall include the time and place of the public hearing and the nature of the proposed variance(s).
(4) Notice to Property Owners. Written notice of the hearing shall be mailed by the Municipality, at least ten (10) days prior to the date of a scheduled public hearing to all property owners as listed under subsection (b)(5) hereof. The notice shall correspond to subsection (d)(3) hereof in content.
(5) Procedure at Hearing. Within thirty-five (35) days of the public hearing, the Planning and Zoning Commission shall review the application and render one of the following decisions:
A. Approval of variance(s) as requested.
B. Approval of variance(s) with modifications.
C. Disapproval of variance(s).
The Commission shall apply criteria in subsection (c) hereof in reaching its determination. In approving a variance(s), the Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed herein. The Commission's determination in taking action on a requested variance shall be accompanied by findings of fact and a statement of the reasons for the decision reached.
(e) Issuance of Zoning Certificate. Upon approval of the Planning and Zoning Commission or upon appeal and approval by Council, and with such conditions attached by either body as may be necessary to secure the objectives of this Zoning Code, the Zoning Inspector shall issue a Certificate of Zoning Compliance for all approved variances to the applicant within ten (10) days of approval. The requirements relative to expiration of Section 1183.05 shall apply.
(f) Appeals. Whoever is aggrieved or affected by the decision of the Commission involving an application for a variance(s) shall have the right to file an appeal with Council. The appeal shall be filed with the Clerk no later than ten (10) days after the decision of the Commission. Council shall have a maximum of sixty (60) days for consideration, public hearing, and a decision on the appeal. In reaching a determination on a requested variance appeal to Council, the applicable portions of subsection (c) hereof shall apply.
(Ord. 38-04. Passed 10-11-04.)
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