The requirements of this section shall apply to all applications and procedures subject to development review procedures established in this code, unless otherwise stated.
(a) Summary of Review Procedures. Table 1129-1 provides a list of all review procedures utilized in the administration and enforcement of this code, the applicable review authority, the type of review hearing or meeting, and the decision-making responsibility of each review authority.
TABLE 1129-1: SUMMARY OF REVIEW PROCEDURES | ||||
Review Procedure | City Council | Planning Commission | BZA | Staff |
Code and Text Amendment | PH/D | PM/R | ||
Conditional Use | AH/D | |||
Minor Subdivision | D | |||
Major Subdivision: Preliminary Plat | PM/D | |||
Major Subdivision: Subdivision Modification | PM/D | |||
Major Subdivision: Final Plat and Improvement Plans | PM/D | |||
Major Subdivision: Acceptance of Improvements | D | |||
Site Plan Review | PM/D | |||
Certificate of Appropriateness | PM/D | |||
Designation of a Landmark or Historic District | PH/D | PM/R | ||
Alternative Equivalence Review | PH/D | |||
Variance | AH/D | |||
Certificate of Zoning Approval | D | |||
Administrative Waiver | D | |||
Appeals of Administrative Decisions | AH/D | |||
Interpretation of the Code | D | |||
Abbreviations | ||||
PH = Public Hearing AH = Adjudication Hearing PM = Public Meeting | R = Recommendation D = Decisions | |||
(b) Authority to File Applications.
(1) Unless otherwise specified in this code, applications for development review procedures defined in this code may be initiated by:
A. An owner of the property that is the subject of the application; or
B. An agent authorized, in writing, by the owner, which may include a lessee of the property, manager, attorney, or other representative.
(2) The Planning Commission or City Council may initiate code text and map amendments under this code, with or without written authorization or application from the property owners who may be affected.
(c) 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 Director of Community Development, and made available to the public.
(d) Application Contents.
(1) Applications required under this code shall be submitted to the Community Development Department.
(2) All applications shall be in a form and in such numbers as established by the Community Development Department, and made available to the public as part of application forms.
(3) Applications shall be accompanied by a fee, if required, in accordance with the fee ordinance adopted by City Council pursuant to Section 1129.02(g): Fees.
(4) Complete Application Determination.
A. The Director of Community Development shall only initiate the review and processing of applications submitted under this code if such application is determined to be complete.
B. 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. The Director of Community Development may waive the submission of requirements if such requirements are not needed due to the type or scale of development, or are unnecessary for determining compliance with this code. Such waiver shall be provided to the applicant in writing as part of the record.
C. The Director of Community Development shall make a determination of application completeness within five (5) business days of the application filing.
D. 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.
E. If an application is determined to be incomplete, the Director of Community Development 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 Director of Community Development determines that the application is complete.
F. 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.
G. If the applicant fails to correct all deficiencies and submit a complete application within sixty (60) days of the notice provided by the Director of Community Development, 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 Director of Community Development may grant one sixty (60)-day extension if just cause is shown, upon written request by the applicant.
H. No reconsideration of an incomplete application shall occur after expiration of the sixty (60)-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.
I. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(e) Simultaneous Processing of Applications.
(1) Whenever two (2) or more forms of review and approval are required by review boards under this code, the Director of Community Development shall determine the order and timing of review.
(2) The Director of Community Development may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.
(f) Pre-application Conferences or Meetings.
(1) Prior to filing an application, an applicant may request a meeting with the Director of Community Development for a pre-application conference to discuss the proposed application or project.
(2) An applicant may request a pre-application meeting with a review board for any review procedure in this chapter. The applicant may request such meeting by submitting a written request to the Community Development Department for placement on the agenda of the next regularly scheduled meeting or any special meeting that may be called by the applicable review board.
(3) The purpose of the pre-application conference or 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.
(4) No action can be taken by the administrative staff and/or any review 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 review 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, review 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.
(g) Fees.
(1) Any application for a review procedure 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 the Mayor, City Council, or any of the review boards.
(2) The fees shall be in addition to any other fees that may be imposed by the City, State, Hamilton or Butler Counties, or other agency having jurisdiction.
(3) Such fees are adopted to cover the cost to the City for investigations, legal advertising, postage, and other expenses resulting from the administration of planning and zoning activities.
(4) 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.
(5) If the City determines that the costs on a particular application will exceed the filing fee as established by City Council as a result of preparation of legal descriptions, maps, studies, or other required information, or as a result of the need for professional expert review, study, or testimony, the Director of Community Development is authorized to collect such additional costs from the applicant.
(6) Application fees are not refundable except where the Director of Community Development 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.
(h) General Provisions for Attendance and Decisions.
(1) Whenever a provision of this code allows for or requires attendance at a meeting or hearing by the applicant, the applicant may attend in person, may have an authorized representative attend in their place, or may provide the Director of Community Development written comments in advance of the meeting or hearing.
(2) Whenever a provision in this code requires a decision to be provided in writing, or communication in writing, then such provision shall be interpreted to allow for such communication by e-mail unless otherwise stated, required by law, or requested by the applicant.
(i) Public Notification for Public Meetings. For all public meetings required by this code, the City shall comply with this code and all applicable State notice requirements.
(j) Public Notification for Public Hearings.
(1) Applications for development approval that require public hearings, including all adjudication hearings, shall comply with all applicable State requirements and the public meeting notice requirements established in Section 1129.02(i), above.
(2) The Community Development Department shall be responsible for providing the required notice as specified in Table 1129-2.
(3) Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
A. Provide the name of the applicant or the applicant's agent;
B. Indicate the date, time, and place of the public hearing;
C. Describe the land involved by street address, Hamilton or Butler County parcel identification number (as applicable), or by legal description; and
D. Describe the nature, scope, and purpose of the application or proposal.
(4) Notice Requirements. Published and mailed notice for public hearings shall be provided as defined in Table 1129-2.
TABLE 1129-2: NOTICE REQUIREMENTS | ||
Review Procedure | Published Notice | Written (Mailed) Notice |
Code Text Amendment | Published notice required a minimum of 30 days before the scheduled public hearing of City Council. | No written notice is required for a text amendment. |
Zoning Map Amendment | Written notice shall be sent to all applicant and all owners of property within 200 feet from the boundary of all properties subject to the application. The notice shall be required a minimum of 20 days before the scheduled public hearing of City Council. Written notice shall not be required where the application involves more than 10 individual lots. | |
PUD Preliminary Plan and Major PUD Amendment | ||
Conditional Use, Alternative Equivalency Review, Appeals, and Variances | No published notice is required | Written notice to the applicant and all property owners within 100 feet from the boundary of all properties subject to the application. The notice shall be required a minimum of 10 days prior to the scheduled public hearing. |
Historic Landmark or Historic District Nomination | Published notice required a minimum of 14 days the scheduled public hearing of City Council. | Written notice shall be provided to all owners of land and/or structures subject to the applications at least 10 days prior to the scheduled public hearing. [1] |
NOTE: [1] Applications for contributing buildings, when including 25 or more applications, shall not require written notice. | ||
(5) Published Notice.
A. Published notice shall be provided in a newspaper of general circulation. The City may also provide additional published notice by posting of the notice in City buildings or by electronic media including, but not limited to, posting online at the City's website.
B. The content and form of the published notice shall be consistent with the requirements of this section and State law.
(6) Written (Mailed) Notice.
A. 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.
B. Written notice shall be postmarked no later than the amount of days specified in Table 1129-2 prior to the hearing date at which the item will be considered.
(7) Constructive Notice.
A. 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.
B. 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.
(k) Conduct of Public Hearing.
(1) Rights of All Persons at Public Hearings. 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 their address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
(2) Continuance of a Public Hearing or Deferral of Application Review.
A. An applicant may request that a review board's consideration of an application at a public hearing be deferred by submitting a written or verbal request for deferral to the Director of Community Development prior to the publication of notice, as may be required by this code. The Director of Community Development may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.
B. A request for deferral of consideration of an application received by the Director of Community Development 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 applicable review board.
C. The review board 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, provided the date, time, and place is publicly announced at the time of continuance. No additional written or published notice shall be required.
(l) Withdrawal of Application.
(1) Any request for withdrawal of an application shall be either submitted in writing to the Director of Community Development or made through a written request by the applicant prior to action by the review or decision-making body.
(2) After request for withdrawal has been received, the Director of Community Development will then withdrawal the application from any agenda and no further action will be taken. Any future request for action will require a new application and fee in accordance with this code.
(m) Examination and Copying of Application and Other Documents. Documents and/or records related to applications may be inspected and/or copied as provided for by State law.
(n) Effect of any Approvals.
(1) The issuance of any approval or permit under this code shall authorize only the particular development, alteration, construction, or use approved in the subject application.
(2) All approvals shall run with the land or use and shall not be affected by change in ownership provided there is no change in use and all conditions of approval continue to be met.
(o) Modifications or Amendments of Approved Applications.
(1) For any review procedure, the Director of Community Development is authorized to allow minor changes related to design of an approved application where the change is insignificant and has minimal impact to the overall design of the development or subdivision, does not increase density, or is necessary to address minor technical issues. This shall not give the Director of Community Development the authority to vary the requirements of this code or any conditions of approval.
(2) Where the Director of Community Development determines that the proposed modification, amendment, or change is not minor, as stated above, the applicant shall be required to resubmit an application and payment of additional fees for the application to be reviewed in accordance with the procedures and standards established for its original approval.
(p) Reapplication after Denial of an Application. If an application is denied, the applicant may:
(1) Appeal the decision in accordance with the applicable appeals procedure established for the procedure in this code, or as granted by State Law; or
(2) 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 shall contain evidence that shows how the new application has substantially changed to address each of the findings of the original decision. The Director of Community Development shall have the authority to determine if the evidence submitted substantially changes the application to address all issues as part of the complete application determination in 1129.02(d)(4). If it does not, the Director of Community Development shall return the application, with reasons for their determination in writing, along with any submitted fees;
(3) Submit the same application after a twenty-four (24)-month waiting period; or
(4) Submit a new application if the proposed use and design of the site will be entirely different than the denied application.
(q) Subsequent Development.
(1) 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's Codified Ordinances.
(2) The granting of any approval or permit shall not guarantee the approval of any other required permit or application.
(3) The City shall not be responsible for reviewing the application for compliance with any permits, certificates, or other approvals that may be required by Hamilton or Butler County, as applicable, the State, or other agencies having jurisdiction.
(r) Records. The City shall maintain permanent and current records of all applications and the decisions related to those applications in City Hall.
(s) Computation of Time.
(1) 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 observed by the City of Sharonville where the City administrative offices are closed for the entire day, in which case the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
(2) When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).
(3) 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 Sharonville in which the City administrative offices are closed for the entire day.
(4) If a timeframe does not specify business or calendar days, such timeframe shall be interpreted to be calendar days.
(Ord. 2022-22. Passed 5-10-22.)