Rezoning
| Variances
| Conditional Use
Permits
Process to Rezone Property
| Process to Obtain a Variance or
Conditional Use
A Citizens Guide to Planning and Zoning
The Comprehensive Land Use Plan
The comprehensive plan is a long-range policy document that looks at
the future of the township. A zoning resolution is the local law that
spells out the immediate, allowable uses for each piece of property
within the community. In October 2005, the Board of Trustees adopted
the Imagine Miami Vision 2025 Plan as our guide to the future of Miami
Township.
One of the purposes of zoning is to implement the policies of the
general plan.
Zoning Districts
Under the concept of zoning, various kinds of land uses are grouped
into general categories or "zoning districts" such as
single-family residential, multi-family residential, neighborhood
commercial, light industrial, agricultural, etc. The Miami Township
Zoning Resolution describes 13 different zoning districts that are
applied to land within the township. Each piece of property in the
community is assigned a zone listing the kinds of uses that will be
allowed on that land and setting standards such as minimum lot size,
maximum building height, and minimum front yard depth. The
distribution of residential, commercial, industrial, and other zones
will be based on the pattern of land uses established in the
community's general plan. Zoning maps are used to keep track of the
zoning for each piece of land.
Zoning is adopted by Resolution and carries the weight of local law.
Land may be put only to those uses allowed by the applicable zoning
classification. For example, if a commercial zone does not warehouse
buildings, then no such building could be built on the lands, which
have been assigned that zone. The Miami Township Zoning Resolution has
two parts: (1) a precise map illustrating the distribution of zoning
districts within the community; and, (2) a text that identifies the
specific land uses and development standards allowed in each zoning
district.
Rezoning
The particular zoning district determines the uses to which land may
be put. If a landowner proposes a use that is not allowed in the zone,
the property owner could apply for a rezoning (change in zone) to
allow that development. The Zoning Commission and the Board of
Trustees must each hold public hearings before property may be
rezoned. The hearings must be advertised in advance and notice mailed
directly to surrounding property owners. The Board of Trustees will
make the final decision on all rezoning requests. (See Rezoning
Process Below)
Variances
A variance is a limited waiver of development standards for a use that
is otherwise permitted in that zoning district. The Miami Township
Board of Zoning Appeals may grant a variance in special cases where it
is determined the strict enforcement of the zoning resolution will
create a hardship for the property owner. The Board of Zoning Appeals
may not grant a variance that would permit a use that is not otherwise
allowed in that zone (for example, a commercial use could not be
approved in a residential zone by variance). Typically, variances are
considered when the physical characteristics of the property make it
difficult to develop. For instance, in a situation where the rear half
of a lot is a steep slope, a variance might be approved to allow a
house to be built closer to the street than usually allowed. Variance
requests require a public hearing and neighbors are given the
opportunity to testify. The Board of Zoning Appeals then decides
whether to approve or deny the variance. (See the Variance and
Conditional Use Process below)
Conditional Use Permits
The Miami Township Zoning Resolution identifies certain land uses
which do not precisely fit into existing zoning districts, but which
may be allowed upon approval of a conditional use permit. These might
include community facilities (such as hospitals or schools), outdoor
recreational facilities, self storage facilities or other land uses
that would need special conditions to mitigate potential impacts on
other properties. The zoning resolution specifies those uses for which
a conditional use permit may be requested, which zoning districts they
may be requested in, and the public hearing procedure.
As with rezoning and variances, a public hearing must be held to
consider a Conditional Use. If the Board of Zoning Appeals approves
the use, it will usually do so subject to certain conditions being met
by the permit applicant. Alternatively, it may deny uses that do not
meet local standards. (See the Variance and Conditional Use Process
below)
The Process to Rezone Property
The property owner typically initiates a Zone Change request. In rare
cases, the Zoning Commission may initiate a zone change. The property
owner must submit a Zone Change Application to the Township Department
of Community Development. The application must clearly state the
existing zoning and the proposed zoning. It must also include a plan
showing how the property will develop.
A Zone Change request requires three public meetings. The process
may take 3-6 months to complete depending on the complexity of the
request.
Clermont County Planning Commission
· The first meeting is before the Clermont County Planning
Commission. The Planning Commission meets the
fourth Tuesday of each
month. The Planning Commission will review the request and make a
recommendation to
Miami Township.
Miami Township Zoning Commission
· The second meeting is a public hearing before the Miami Township
Zoning Commission. The Zoning Commission
meets the first Thursday of
each month. Notice of the public hearing will be sent to all property
owners within 200
feet of he property to be rezoned. Everyone
attending the public hearing will be given an opportunity to comment
on the proposed rezoning application. After the completion of the
public hearing, the Zoning Commission makes
a recommendation to the
Township Trustees.
Miami Township Board of Trustees
· The third meeting is public hearing before the Township
Trustees. These public hearing are set by the Trustees
and will vary.
Notice of the public hearing will be sent to all property owners
within 200 feet of he property to be
rezoned. Everyone attending the
public hearing will be given an opportunity to comment on the proposed
rezoning
application. After the public hearing, the Township Trustees
will take final action on the zone change request.
The Process to Obtain a Variance or Conditional Use
A property owner will initiate a request for a variance or a
conditional use. A property owner must submit an application for a
variance or a conditional use to the Miami Township Community
Development Department. The application must clearly describe the
variance and conditional use request. In the case of a variance, the
applicant must describe the hardship created by strict adherence to
the zoning standards. In the case of a conditional use, the applicant
must explain how the proposed use meets all the conditions of the
zoning resolution.
Community Development staff will present the application to the
Board of Zoning Appeals at their next regular meeting. If the Board
finds the application to be in order, the Board will set a public
hearing for the next regular meeting. Depending on when an application
is submitted review of a variance or conditional use request can take
45-60 days.
A request for a variance or conditional use requires one public
hearing before the Board of Zoning Appeals. Notice of the public
hearing will be mailed to all adjoining property owners and property
owners directly across the street from a subject property. At the
public hearing, everyone will be given an opportunity to comment on
the variance or conditional use. All testimony before the Board of
Zoning Appeals must be in person. The Board will not accept
correspondence or petitions. After the public hearing the Board of
Appeals will decided whether to approve or deny the request for a
variance or conditional use.