What the City Council is allowed to consider when making a zoning decision.
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What is City Council allowed to consider when making a zoning decision?
Municipalities that have adopted a charter follow procedures in the charter or local ordinances when making zoning decisions. Ohio Case Law involving City Council and zoning decisions/PUDs cite the applicable city ordinance standards.
According to the Huber Heights Code, the City Council is allowed to consider the following:
- Section 1171.091 states that City Council can consider all requirements within Part 11, Title 7 of the Code.
Section 1171.06 General Standards for Approval
. . . No approval shall be given unless the Commission shall find by a preponderance of the evidence that such PUD on the proposed locations:
- (a) Is consistent with official thoroughfare plan, comprehensive development plan and other applicable plans and policies;
- (b) Could be substantially completed within the period of time specified in the schedule of development submitted by the developer;
- (c) Is accessible from public roads that are adequate to carry the traffic that shall be imposed upon them by the proposed development. Further, the streets and driveways on the site of the proposed development shall be adequate to serve the residents or occupants of the proposed development;
- (d) Shall not impose an undue burden on public services such as utilities, fire and police protection, and schools;
- (e) Contains such proposed covenants, easements and other provisions relating to the proposed development standards as may reasonably be required for the public health, safety and welfare;
- (f) Shall be landscaped or otherwise improved and the location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the existing intended uses, and any part of a PUD not used for structures, parking and loading areas, or accessways;
- (g) Shall preserve natural features such as water courses, trees and rock outcrops, to the degree possible, so that they can enhance the overall design of the PUD;
- (h) Is designed to take advantage of the existing land contours in order to provide satisfactory road gradients and suitable building lots and to facilitate the provision of proposed services;
- (i) Shall place underground all electric and telephone facilities, street light wiring and other wiring conduits and similar facilities in any development which is primarily designed for or occupied by dwellings, unless waived by the Commission because of technical reasons;
- (j) Shall not create excessive additional requirements at public cost of public facilities and services and shall not be detrimental to the economic welfare of the community;
- (k) Shall not involve uses, activities, processes, materials, equipment and conditions of operation that shall be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; and
- (l) Rezoning of the land to the PUD District and approval of the development plan shall not adversely affect the public peace, health, morals, safety or welfare.
- Section 1174.03 – Development Standards
- Except when specifically modified herein, the provisions of Chapter 1181, "General Provisions" shall govern. In addition, the following development standards shall apply:
- Minimum Land Area Requirement.
- No minimum land area shall be required.
- Site Planning.
- All yards within the development plan except those abutting an Office, Commercial or Industrial District shall be maintained in landscaping and not used for parking, to the extent of a minimum of fifteen (15) feet along property lines.
- The parking and loading facilities shall be a distance of at least twenty-five (25) feet from the established right-of-way line, and the building(s) or the structure(s) at least twenty-five (25) feet from the established right-of-way line per the Official Thoroughfare Plan or the recorded plat.
- Minimum Land Area Requirement.
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