The requirements of this section shall apply to all applications and procedures subject to development review under this code, unless otherwise stated.
(1) Authority to File Applications
(a) Unless otherwise specified in this code, development review applications defined in this code may be initiated by:
(i) An owner of the property that is subject of the application; or
(ii) An agent authorized by the owner, which may include a lessee of the property.
(b) For zoning map amendments, all property owners subject to the amendments application shall be required to sign the application.
(c) If the application applies to more than 1 lot or property, the owner or their authorized agent of each property shall be required to sign the application.
(d) The Planning Board or City Council may initiate zoning text and map amendments under this code with or without written authorization or application from the property owner who may be affected.
(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 Community and Economic Development Department and made available to the public.
(3) Application Contents
(a) Applications required under this code shall be submitted in a form and in such numbers as established by the Zoning Administrator and made available to the public. A checklist of submittal requirements shall be included with the related application form.
(b) Applications shall be accompanied by a fee as established by City Council pursuant to 0.
(c) Complete Application Determination
(i) The Zoning Administrator shall only initiate the review and processing of applications submitted under this chapter if such application is determined to be complete.
(ii) 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 as identified in § 154.03(B)(3).
(iii) The Zoning Administrator shall make a determination of application completeness within 5 business days of the application filing.
(iv) 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.
(v) If an application is determined to be incomplete, the Zoning Administrator 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 Zoning Administrator determines that the application is complete.
(vi) 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.
(vii) If the applicant fails to correct all deficiencies and submit a complete application within 60 days of the notice provided by the Zoning Administrator, 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 Zoning Administrator may grant 1 60 day extension if just cause is shown.
(viii) No reconsideration of an incomplete application shall occur after expiration of the 60-day period, and an applicant in need of further development approval under the code shall, pursuant to all of the original requirements of § 154.03(B)(3), submit a new application, and submit a new filing fee.
(ix) 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 2 or more forms of review and approval are required under this code, the Zoning Administrator shall determine the order and timing of review. The Zoning Administrator may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.
(5) Effect of Pre-application Conferences or Meetings
No action can be taken by the staff and/or any boards until 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 applicant and/or applicant's representative(s) and staff and/or city boards that occur prior to the date applicant submits an actual application and/or plan including but not limited to, any informal meetings with city staff, 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.
(6) Fees
(a) Any application for development review 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 City Council or the Planning Board.
(b) The fees shall be in addition to any other fees that may be imposed by the city, state, Miami County, or other agency having jurisdiction.
(c) Such fees are adopted to cover the cost to the city for investigations, legal advertising, postage, and other expenses resulting from the administration of the respective zoning activities.
(d) No application shall be processed or determined to be complete until the established fee has been paid.
(e) 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 Zoning Administrator is authorized to collect such additional costs from the applicant.
(f) Application fees are not refundable, except where the Zoning Administrator 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.
(7) Public Notification for Public Meetings
Applications for development approval that require public meetings shall comply with all applicable state requirements and all requirements established in Chapter 36 of the Tipp City Code of Ordinances.
(8) Public Notification for Public Hearings
(a) Applications for development approval that require public hearings shall comply with all applicable state requirements, all requirements established in Chapter 36 of the Tipp City Code of Ordinances, and the provisions of this code with regard to public notification.
(b) The Zoning Administrator shall be responsible for providing the published and written notice as required by this subsection.
(c) Content
Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
(i) 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;
(ii) Indicate the date, time, and place of the public hearing;
(iii) Describe the land involved by street address, or by legal description and the nearest cross street, and project area (size);
(iv) Describe the nature, scope, and purpose of the application or proposal;
(v) Identify the location (e.g., the offices of the Community and Economic Development Department) where the public may view the application and related documents;
(vi) 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
(vii) Include a statement describing where written comments will be received prior to the public hearing.
(d) Notice Requirements
Published and mailed notice for public hearings shall be provided as defined in Table 154.03-1 below.
Development Review Procedure | Published Notice | Written (Mailed) Notice |
Development Review Procedure | Published Notice | Written (Mailed) Notice |
Zoning Text Amendment | Published notice required a minimum of 10 days before a public hearing [1] | No written notice is required for a text amendment. |
Zoning Map Amendment | Written notice shall be required a minimum of 10 days before a public hearing only if a zoning map amendment will affect 10 or fewer properties. Written notice shall be provided to the applicant and all property owners within 200 feet of the subject property. | |
Special Use [2] | Published notice required a minimum of 10 days before a public hearing | Written notice shall be required a minimum of 10 days before a public hearing and shall be provided to the applicant and all property owners within 200 feet of the subject property. |
Variance | Published notice required a minimum of 10 days before a public hearing | Written notice to the applicant and all property owners contiguous and directly across the street or public right-of-way of the subject property shall be required a minimum of 10 days prior to the hearing. |
Appeals | ||
NOTE: [1] When the zoning map amendment application is for a single property, a sign shall be posted in accordance with § 154.03(B)(8)(g). [2] All special uses shall be reviewed at a public meeting subject to the notification requirements of § 154.03(B)(7) unless a public hearing is required for the applicable special use as a use-specific standard in § 154.04(G) in which case the public hearing for the special use shall be subject to the notification requirements of this table and this section. | ||
(e) Published Notice
(i) Published notice shall be provided in a newspaper of general circulation.
(ii) The content and form of the published notice shall be consistent with the requirements of this section and state law.
(f) Written (Mailed) Notice
(i) 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.
(ii) Written notice shall be postmarked no later than amount of days specified in Table 154.03-1 prior to the hearing date at which the item will be considered.
(g) Posting of Signs
When the posting of a sign is required, the Zoning Administrator shall cause a printed sign to be placed on the subject property in a prominent position bearing, at a minimum, "rezoning pending from " " classification to " " classification." The sign shall be posted 15 days prior to the date of the hearing.
(h) Constructive Notice
(i) 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.
(ii) 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.
(9) Conduct of Public Hearing
(a) Rights of All Persons
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 his or her address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
(b) Continuance of a Public Hearing or Deferral of Application Review
(i) An applicant may request that a review or decision-making body's consideration of an application at a public hearing be deferred by submitting a written request for deferral to the Zoning Administrator prior to the publication of notice as may be required by this code. The Zoning Administrator may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.
(ii) A request for deferral of consideration of an application received by the Zoning Administrator 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 review or decision-making body.
(iii) The review or decision-making body 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.
(c) Withdrawal of Application
Any request for withdrawal of an application shall be either submitted in writing to the Zoning Administrator or made through a verbal request by the applicant prior to action by the review or decision-making body.
(i) The Zoning Administrator shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice for the public hearing on the application in accordance with this code.
(ii) If the request for withdrawal of an application is submitted after publication of notice for the public hearing in accordance with this code, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision-making body.
(iii) In all cases where the applicant has requested the withdrawal of an application, the application fee paid shall not be refunded.
(10) Examination and Copying of Application and Other Document
Documents and/or records may be inspected and/or copied as provided for by state law.
(11) Effect of any Approvals
(a) 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.
(b) All approvals shall run with the land or use and shall not be affected by change in ownership.
(12) Subsequent Development
(a) Development authorized by any approval under this section and this zoning 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.
(b) The granting of any approval or permit shall not guarantee the approval of any other required permit or application.
(c) The city shall not be responsible for reviewing the application for compliance with any permits, certificates, or other approvals that may be required by the county, state, or other agencies having jurisdiction.
(13) Computation of Time
(a) 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, in which case the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday as observed by the Tipp City where the city administrative offices are closed for the entire day.
(b) When the period of time prescribed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).
(c) 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 Tipp City in which the city administrative offices are closed for the entire day.
(Ord. 5-14, passed 3-17-2014)