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(a) Establishment. There is hereby established a Planning and Zoning Commission. The Planning and Zoning Commission shall consist of seven members.
(b) Membership. The membership of the Planning and Zoning Commission shall consist of the Mayor or his or her designee, one Council member serving on the Service Committee, and five residents of the Municipality who shall be appointed by Council.
(c) Terms.
(1) The terms of office of the members of the Planning and Zoning Commission appointed by Council shall be for six years each.
(2) The terms of office for all nonelected persons serving on the Planning and Zoning Commission shall terminate on February 28.
(d) As Platting Commission. In accordance with Ohio R.C. 713.03, the Planning and Zoning Commission shall also be the Platting Commission and shall have all the powers and duties provided by law.
(f) Duties. It shall be the duty of the Commission to:
(1) Prepare Zoning Code amendments recommended for the Municipality;
(2) Review and make recommendations on the proposed Official Zoning District Map(s) and all proposed zoning changes and then forward the zoning or rezoning, along with the Commission's recommendations, to Council;
(3) Review development plans within the planned districts;
(4) Review unlisted uses to determine their classification as permitted, conditional, accessory or prohibited; and
(5) Review and authorize the issuance of conditional use permits to petitioners who specifically meet the requirements for such a permit listed in this Zoning Code.
(6) Review and approve requests for certificates of appropriateness for all nonresidential sites, buildings, or other structures within the City.
(7) The Commission shall review all comprehensive sign plans that do not meet the City Code and may grant the Planning Director or his/her designee the authority to administratively approve all comprehensive sign plans that do meet the City Code.
(8) Perform all other duties as may be provided by the City Charter, City Code, and City Council.
(g) Operating Procedure for Meetings.
(1) Applicants or their representatives must be present at a regularly scheduled hearing. Should this not occur, the Commission may table or dismiss the action requested. Where a dismissal would result in a hardship to others in attendance, the Commission may, by majority vote of the members present, consider the matter in question.
(2) The Commission will reconsider only substantially revised plans, matters referred by Council or matters supported by a majority of members present.
(3) The Commission has eight members, seven of whom may vote. The City Manager is a nonvoting member. Four voting members constitute a quorum. A majority vote of four must occur for approval. Less than a majority vote will defeat the matter. (See subsection (b) hereof). The Commission shall elect its own Chairperson and Vice-Chairperson from among its voting members in January of even-numbered years or as the position becomes vacant.
(4) When a hearing has concluded, the Chairperson shall move for passage: no second shall be required. The matter may be approved (yes), disapproved (no), tabled indefinitely or continued to the next meeting. Only roll call votes will be taken; "yes," "no" or "abstain" being the only acceptable responses.
(5) Each item of the agenda shall be taken in the order listed on the official printed agenda and shall be voted upon before moving to the next item, except when circumstances warrant, and specifically when a large number of persons are present to hear or participate in a particular case. In such instance, the Chair may take the item or items in question out of published order so as to conduct expediently and fairly the public's business.
(6) All speakers, excluding staff and Commission members, shall identify themselves to the Clerk by name and address and shall be sworn in prior to speaking for the record.
(7) Every meeting of the Commission shall be open to the public.
(8) The staff shall present a written report detailing the facts of the case and state the particular action or actions requested.
(9) The application or the applicant's representative may present evidence, oral testimony, affidavits, depositions, maps, drawings, photographs, narrative material and any other material relevant to the purpose of a hearing, all of which shall become part of the final record. The applicant may present witnesses and may cross-examine those opposed to applicant’s position. Commission members may ask questions at any time.
(10) Opponents or their representatives may make a similar presentation, following the applicant's presentation.
(11) Interested parties may be permitted to speak following the opponents if their statements are relevant to the outcome of the case or if the proposed action on the case may affect their property rights.
(12) The applicant shall be given an opportunity to rebut or clarify items raised by opponents or interested parties.
(13) The staff shall be asked for its opinion and comments and may ask questions of any party, as appropriate.
(14) Should testimony from any person or faction become repetitive, the Chairperson may rule that person out of order.
(15) A hearing shall be informal to the maximum possible extent. Strict rules of evidence shall not apply, and procedures may vary somewhat to ensure a fair hearing so long as all those who desire to speak or present evidence are sworn in under oath. The purpose of a hearing is to bring out sufficient evidence and information to permit the Commission to arrive at a just result. When rules of procedure become an issue, the official copy of Robert's Rules of Order shall govern.
(Ord. 2014-27. Passed 8-5-14; Ord. 2022-16. Passed 9-6-22.)
(a) Authority. The Board of Zoning Appeals shall be constituted and shall carry out its duties and responsibilities as prescribed by Section 6.03 of the Municipal Charter and this Zoning Code.
(b) Duties. It shall be the duty of the Board to:
(1) Administrative appeals. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Development Services Director in the administration and enforcement of the provisions of this Code;
(2) Variances. Authorize, upon appeal, by reasons of exceptional narrowness, shallowness, shape, topographic conditions or other extraordinary situation or condition of a lot, a variance from strict application of the provisions of this Code for both zoning lots and sign regulations to relieve exceptional difficulties or undue hardship, provided such relief can be granted without substantial detriment to the public good and does not substantially impair the intent of this Code.
(3) Interpretation of zoning text and Map(s). Decide, upon appeal from a decision by the Development Services Director, any question involving the interpretation of the zoning text or Map(s);
(4) Decisions. Reverse or affirm, in conformity with this section, wholly or partly, or modify, the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and have all powers of the officer from whom the appeal is taken.
(c) Notice of Actions. Prior to the Board of Zoning Appeals taking any action pursuant to subsection (b) hereof, a notice setting forth the time and the place of an action of the Board and the nature of the requested action shall be given for one publication in one or more newspapers of general circulation in the County where the property is located at least ten days before the date of the Board's action. A fee shall be charged to the applicant for the advertisement. In addition, written notice of the action shall be mailed by the Municipal Clerk by first class mail, at least ten days before the date of the action, to all owners of property within, contiguous to and directly across the street from such area affected by the proposed action. Such notice is to be mailed to the address of such owners appearing on the County Auditor's current tax list or the County Treasurer's mailing list. A fee shall be charged to the applicant for such mailing.
(Ord. 2014-27. Passed 8-5-14.)
(a) Authority. Council's authority regarding zoning is set by Article II of the Municipal Charter.
(b) Duties. It shall be the duty of Council to:
(1) Appoint five of eight members to the Planning and Zoning Commission. Of the remaining three, the Mayor will appoint one Council member, one shall be the Mayor, and the City Manager is a nonvoting member;
(2) Appoint a five-member Board of Zoning Appeals to hear administrative appeals, requests for variances and conditional uses, and interpretation issues;
(3) Act upon suggested amendments to the Zoning Code text or the Official Zoning District Map(s) following receipt of recommendations of the Commission;
(4) Act upon suggested development plans for the planned districts following receipt of recommendations of the Commission; and
(5) Upon passage of this Code, devise procedures and standards for implementation of the Official Zoning Map(s) required by this Code and per Section 1274.02(c).
(Ord. 2014-27. Passed 8-5-14.)
(a) Certificate Required. No person shall locate, erect, construct, reconstruct, enlarge or structurally alter any building, structure or signage within the Municipality without first obtaining a zoning certificate. No zoning certificate shall be issued unless the plans for the proposed building, structure or signage fully comply with all of the provisions of this Code.
(b) Application. A zoning application or form shall be submitted and approved by the Development Services Director or designee.
(1) Submission requirements and fees shall be per the zoning certificate application form;
(2) A certificate of approval by the public health officer stating the proposed method of water supply and/or disposal of sanitary wastes, in cases where the lot is not provided with, and is not required by Section 1296.11 to be provided with, public water supply and/or public sewers for the disposal of sanitary wastes;
(3) Other plans, descriptions, drawings, surveys, legal descriptions and documents as may be required.
(c) Change of Use. No change of use shall be made in any building or part now or hereafter located, constructed, reconstructed, enlarged or structurally altered without a zoning certificate issued by the Development Services Director. No zoning certificate shall be issued to make a change in use unless the changes are made in conformity with the provisions of this Zoning Code or unless a variance or conditional use certificate has been granted by the Board of Zoning Appeals.
(d) Nonconforming Uses. Nothing in this Code shall prevent the continuance of a nonconforming use as heretofore authorized unless a discontinuance is necessary for the safety of life or property.
(e) Records. A record of all zoning certificates shall be kept on file in the office of the Development Services Director and copies shall be furnished on request, upon payment of a fee, to any person.
(f) Time Limit. If a zoning certificate is issued for the purpose of constructing a new building or structure and such construction is not begun within a six month period, or such construction does not appear to have been substantially completed within a twelve-month period, then such zoning certificate may be declared null and void by the Development Services Director.
(Ord. 2014-27. Passed 8-5-14.)
It is the intention of Council that Zoning Map amendments be processed in the shortest time period consistent with thoughtful and appropriate land use decision making. The Development Services Director shall recommend hearing dates consistent with this policy.
(a) Initiation; Conditions for Acceptance. Amendments or supplements to this Zoning Code may be initiated by motion of the Planning and Zoning Commission, by the passage of a motion or resolution by Council or by the filing with the Planning and Zoning Commission of an application by one or more of the owners, lessees or agents of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Planning and Zoning Commission. Council shall approve an application for a text amendment, whether to the zoning text or to the Official Zoning District Map(s), only if the request for a change of zoning is for one or more of the following reasons:
(1) There is manifest error in the original Zoning Code text and/or designations on the Official Zoning District Map(s).
(2) The change will be in accordance with, or in more appropriate conformity to, any existing land use plans for the area under consideration.
(3) There has been substantial change in area conditions.
(4) The change represents a legitimate requirement for additional or reduced land area for the particular zoning district.
(b) Map Changes. A Zoning Map change instituted by the Planning and Zoning Commission or Council shall have those elements of the required application which the Commission or Council deems necessary. There shall be no fee for such action.
(c) Applications. All applications filed by the owner(s) or lessee(s) of the property within the area proposed to be changed or affected by the proposed amendment or supplement, or by their agents, shall include the following:
(1) A description or statement of the present and proposed provisions of this Code or the proposed change of the district boundaries of the Zoning District Map(s);
(2) A description by map of the property to be affected by the proposed change or amendment, and a description in text of the property by legal metes and bounds (required before the first Council reading) unless waived by the Development Services Director;
(3) A statement of the relation of the proposed change or amendment to the general health, safety and welfare of the public in terms of the need or appropriateness of the change within the subject area by reason of changed or changing conditions and the relation to appropriate plans for the area;
(4) A list of the owners of property within, contiguous to and directly across the street from the area proposed to be rezoned and of all property owners within 200 feet of any portion of such property, which list shall be in accordance with the Fairfield County Auditor's current tax list;
(5) Twenty sets of the application; and
(6) The appropriate fee stated in the current fee schedule ordinance.
(d) Planning and Zoning Commission Action.
(1) Public hearing. Upon the certification of a motion or resolution by Council, the adoption of a motion by the Commission or the filing of a completed application for a proposed change or amendment of the text of this Code and/or the Zoning District Map(s), the Commission or the Development Services Director shall set a date for a public hearing not more than twenty-eight days from the date of the resolution, motion or application.
(2) Notice of hearing. A notice setting forth the time and the place of a hearing and the nature of the proposed change or amendment shall be given for one publication in one or more newspapers of general circulation in the county where the property is located at least ten days before the date of a public hearing. A fee shall be charged to the applicant for the advertisement.
(3) Written notice. If the proposed change or amendment intends to affect (rezone or redistrict) ten or fewer parcels of land, as listed on the tax duplicate, written notice of the public hearing shall be mailed by the Commission, by first class mail, at least ten days before the date of the public hearing, to all owners of property within, contiguous to and directly across the street from the area affected by the proposed change or amendment. Such notice is to be mailed to the addresses of such owners appearing on the County Auditor's current tax list or the County Treasurer's mailing list. The Development Services Director may assess a fee from the applicant for such a mailing.
(4) Notice to Commission. One copy of the proposed change or amendment, together with the text and map pertaining thereto, shall be forwarded to the Commission not later than five days before the public hearing.
(5) Notice of request to table or withdraw. Notice of a request to table or withdraw a public hearing shall be furnished to the Development Services Director not less than seven working days prior to the scheduled public hearing, in order to allow sufficient time for notification to contiguous property owners of the request.
(6) Staff review. The Development Services Director, together with the Engineer, the County Board of Health and other appropriate agencies or bodies, shall present to the Commission a written report and map(s), where appropriate, including all apparent facts, implications and conclusions concerning the proposed change or amendment.
(7) Consideration and recommendations. The Commission shall consider the proposed change or amendment at the scheduled public hearing and at such other meetings deemed necessary and shall make formal recommendations concerning the approval, denial or modification thereof to be considered by Council.
(8) Referral to Service Committee of Council. Immediately, or within ten days after the public hearing, the Commission shall submit to the Service Committee a recommendation of approval, denial or modification of the proposed change or amendment, including a statement of reasons for such recommendation, and the text and map pertaining thereto. The Service Committee shall review the findings of the Commission and concur or make separate recommendations to Council.
(9) City Council hearing date. The City Manager or designee shall set the City Council public hearing date for a zoning amendment. The City Council public hearing may be the first scheduled meeting date after Planning and Zoning Commission public hearing and Service Committee meeting. The meeting date shall not be less than twenty-eight days prior to a scheduled City Council meeting (this time period correlated with the submission deadlines for zoning changes).
(e) Council Action.
(1) Public hearing required. City Council shall hold a public hearing to discuss and act on the proposed change or amendment of the zoning text or Map following action by the Planning and Zoning Commission and Service Committee.
(2) Hearing date. The earliest City Council can hold a public hearing concerning a zoning change is the next scheduled public hearing after the Planning and Zoning Commission public hearing and Service Committee meeting. This public hearing can only occur if the public hearing was set not less than twenty-eight days prior to a scheduled City Council meeting.
(3) Public notice of hearing. Public notice of the time and place of such hearing shall be published. A summary of the proposed change or amendment in either the zoning text or Map(s) shall be published in a newspaper of general circulation in Fairfield County one time. Notwithstanding any other provision of this Code, the date of publication shall be at least ten days before the date for such hearings. Fees shall be charged to the applicant according to the current fee schedule.
(4) Notice to adjacent property owners. In addition, if the proposed amendment or change intends to rezone or redistrict ten or fewer parcels of land as shown and listed upon the tax duplicates, a written notice of such a hearing shall be mailed to the owners of property within, contiguous to and directly across the street from the parcel or parcels intended to be rezoned or redistricted. This notice shall also be mailed to the owners of such parcel and to the addresses of such owners then appearing on the Fairfield County Auditor's or Fairfield County Treasurer's current tax list. The failure to deliver such a notice shall not invalidate any subsequent ordinance, measure or regulation enacted as a result thereof. Fees shall be charged to the applicant according to the current fee schedule. All files pertaining to the proposed action shall be available for public inspection in the Development Services Director's office. Copies may be obtained upon payment of a fee.
(5) Public site and time. The public hearing shall be held at such a place within the Municipality.
(6) Council may set a common hour for all hearings when more than one hearing is scheduled on the same date, and in this event applications shall be heard in their numerical sequence as set forth in the notice of hearing.
(7) At the next regularly scheduled meeting, or within thirty days after the third required reading on the proposed change, Council shall either adopt, deny or remand for reconsideration the recommendation of the Commission.
(f) Date of Effect. Any ordinance amending this Code or the Zoning Map(s), or redistricting or rezoning any portion of land within the Municipality, shall become effective as stipulated by Section 2.05 of the Municipal Charter.
(g) Withdrawn or Denied Applications. Applications which have been denied on a particular piece of property will not be considered by Council again for a period of one year from the date of the original application. For applications which have been withdrawn, the period for reconsideration on an application not substantially altered is six months.
(Ord. 2014-27. Passed 8-5-14.)
(a) Any rezoning application or other matter which must be acted upon by the Planning and Zoning Commission may be tabled by the Commission upon the request of the applicant. The applicant shall pay a one-time fee of one hundred dollars ($100.00) per application for such tabling request. Such tabling may be done by the Development Services Director or by the Chairperson if it is submitted in writing prior to the Planning and Zoning Commission's scheduled meeting. If tabling is requested at the Planning and Zoning Commission meeting, the Commission shall consider the impact on those citizens present in ruling on the request to table.
(b) Rezoning applications shall be submitted to the Planning and Zoning Commission prior to being considered by the Service Committee.
(c) An applicant may not request that a rezoning application be tabled at any Service Committee meeting and such an application shall not be tabled more than once before the Planning and Zoning Commission. (The concern that an application denied by the Planning and Zoning Commission may be later withdrawn, causing unfairness to citizens, is discussed above. Subsection (d), hereof sets up a situation where withdrawal must occur prior to a Planning and Zoning Commission vote on an application. If withdrawal occurs after the Planning and Zoning Commission vote, the resubmittal time limits become effective.)
(d) A rezoning application before the Planning and Zoning Commission may only be withdrawn by the applicant prior to the Planning and Zoning Commission's vote on the application.
(e) Resubmittals shall be as follows:
(1) A withdrawn rezoning application may not be resubmitted and/or revised to the Planning and Zoning Commission for a period of at least six months. A rezoning application which has been previously withdrawn and previously resubmitted and/or revised shall not be resubmitted for at least a twelve-month period.
(2) Any rezoning application before any board, committee, commission or Council for action on or relating to a standard zoning district may not be resubmitted for a period of twelve months from the effective date of the denial.
(3) Any rezoning application before any board, committee, commission or Council for action on or relating to a planned zoning district may not be resubmitted for a period of twelve months from the effective date of the denial.
(f) As used in this section, "denial" means:
(1) An application is denied by the Service Committee of Council and the applicant opts not to request Council action.
(2) An application fails to achieve Council approval.
(3) An application approved by Council is vetoed by the Mayor and the veto is sustained.
(g) Where other section(s) or table(s) in this Part Twelve - the Planning and Zoning Code are at variance or inconsistent with the provisions of this section, the provisions of this section shall control.
FLOW CHART FOR AMENDMENT TO ZONING MAP OR TEXT
Ten days notice required | Must forward to City Planning, Projects and Services within ten days | |
P & Z public hearing (May be set by motion or the Development Services Director) | P & Z action (May occur at same meeting as public hearing) | Service Committee (On agenda for earliest meeting following P & Z) |
Second and third readings | First Reading (May occur at same meeting as public hearing | |
Mayor signs vetoes (If signed, becomes effective 30 days from date signed) |
(Ord. 2014-27. Passed 8-5-14.)
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