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Alliance Overview
Codified Ordinances of Alliance, OH
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1170.01 OVERVIEW.
   The Mayor or a duly authorized representative as specified in this Chapter is hereby charged with the duty of enforcing the provisions of this Ordinance. Accordingly, the administration of this Ordinance is hereby vested in the following entities:
   (a)   Council.
   (b)   Commission.
   (c)   Board.
   (d)   Administrative Official, Clerk of Council, and City Planner.
   The purpose of this Chapter is to set forth the responsibilities and scope of authority of these entities.
1170.02 RESPONSIBILITIES AND AUTHORITY OF THE COUNCIL.
   The Council shall have the following responsibilities and authority pursuant to this Ordinance:
   (a)   Adoption of Zoning Ordinance and Amendments. In accordance with the intent and purposes expressed in the Preamble to this Ordinance, and pursuant to the authority conferred by the Revised Code, the Council shall have the authority to adopt this Ordinance, as well as amendments previously considered by the Commission or at a hearing or as decreed by a court of competent jurisdiction.
   (b)   Review and Approval of Plans. Council review and approval shall be required for all planned developments, in accordance with provisions outlined in this Ordinance.
   (c)   Setting of Fees. The Council shall have the authority to set all fees for permits, applications, and requests for action pursuant to the regulations set forth in this Ordinance. In the absence of specific action taken by the Council to set a fee for a specific permit or application, the Administrative Official shall assess the fee based on the estimated costs of processing and reviewing the permit or application.
   (d)   Approval of Commission Members. Four members of the Commission shall be appointed by the Mayor with the approval of the Council.
   (e)   Approval of Board Members. Five members of the Board shall be appointed by the Mayor with the approval of the Council.
   (f)   Adoption of a Comprehensive Land Use Plan. The Council shall be responsible for adoption and updating of a Comprehensive Land Use Plan, prepared and recommended by the Commission, for the physical development of the City, in accordance with the Revised Code.
1170.03 RESPONSIBILITIES AND AUTHORITY OF THE COMMISSION.
   (a)   Creation. The Commission is created pursuant to the Revised Code.
   (b)   Membership and Operation. Members of the Commission include the Mayor, the Director of Public Service, the Park Board Chair, and four additional members appointed by the Mayor with the approval of the Council. The qualifications of members, the term of each member, filling of vacancies, compensation of members, and operation of the Commission shall be in accordance with the Revised Code, provided that each member shall have been a citizen of the City for not less than one (1) year prior to appointment to the Commission and shall serve until his or her successor is appointed and sworn in as a member. The Commission by resolution shall determine the time and place of meetings. The Commission shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations. Nothing shall prevent a member from serving simultaneously on the Commission and the Board.
   (c)   Meetings. Meetings of the Commission shall be held in accordance with an adopted schedule, or at the call of the Chair, or at such other times as the Commission may specify in its rules and procedures. The Commission shall state the grounds of each determination, and shall maintain a record of its proceedings, which shall be filed in the office of the Clerk of Council.
   (d)   Concurring Vote Required. Four members of the Commission shall constitute a quorum required to conduct any meeting. The concurring vote of a majority of those Commission members present at any meeting shall be necessary to take any action.
   (e)   Jurisdiction. The Commission shall discharge the following duties pursuant to this Ordinance:
      (i)   Formulation of Zoning Ordinance and Amendments. The Commission shall be responsible for formulation of this Ordinance, review of amendments to this Ordinance, holding hearings on this Ordinance or amendments, and reporting its findings and recommendations concerning this Ordinance or amendments to the Council.
      (ii)   Site Plan Review. The Commission shall be responsible for review of applications for site plan approval in accordance with provisions outlined in this Ordinance. As provided for in this Ordinance, the Commission shall be responsible for either making a determination to grant approval, approval subject to revisions, or denial of site plan approval.
      (iii)   Conditional Use Review. The Commission shall be responsible for holding hearings and review of all applications for conditional use approval in accordance with provisions outlined in this Ordinance, and granting approval, approval subject to revisions, or denial of approval.
         (Ord. 35-07. Passed 3-19-07.)
      (iv)   Subdivision Variances. The Commission shall have the authority to grant variances from the provisions of Chapters 1136, 1164, 1166, and 1168, based upon a showing of “unusual or exceptional factors” and meeting all of the standards set forth in Section 1180.22(j)(iv) of this Ordinance.
         (Ord. 45-09. Passed 9-8-09.)
      (v)   Planned Development Review. The Commission shall be responsible for holding hearings and review of all applications for planned developments in accordance with provisions outlined in this Ordinance. The Commission shall be responsible for making a recommendation to the Council to grant approval, approval with conditions, or denial of a planned development proposal.
      (vi)   Formulation of a Comprehensive Land Use Plan. The Commission shall be responsible for formulation, regular review, updating, as well as recommending to the Council the adoption of, a Comprehensive Land Use Plan for the physical development of the City, in accordance with the Revised Code.
         (Ord. 35-07. Passed 3-19-07.)
      (vii)   Review of Matters Referred by the Council or Administrative Official. The Commission shall be responsible for review of plats or other matters relating to land development referred to it by the Council or Administrative Official. The Commission shall recommend appropriate regulations and action on such matters.
         (Ord. 45-09. Passed 9-8-09.)
      (viii)   Report on Operation of the Zoning Ordinance. The Commission shall periodically prepare for the Council a report on the operations of this Ordinance, including recommendations as to the enactment of amendments or supplements to this Ordinance, as well as periodic review of Board decisions.
         (Ord. 35-07. Passed 3-19-07.)
      (ix)   Off-Street Parking and Loading Variances. The Commission shall have the authority to grant area variances only from the provisions of Chapter 1150, based upon a showing of “practical difficulties” and a weighing of the factors set forth in Section 1180.22 (j)(i) of this Ordinance.
         (Ord. 45-09. Passed 9-8-09.)
   (f)   Decision Final. The decision of the Commission shall be final, but shall be subject to appeal pursuant to the Revised Code, except in those instances where its decision is in the form of a recommendation to the Council.
1170.04 RESPONSIBILITIES AND AUTHORITY OF THE BOARD.
   The Board shall have the following responsibilities and authority pursuant to this Ordinance:
   (a)   Creation. The Board is created pursuant to the Revised Code and this Ordinance.
   (b)   Membership and Operation. The Board shall include five members, all of whom shall be appointed by the Mayor with the approval of the Council. Members shall serve for staggered terms of five years each. Each member shall have been a citizen of the City for not less than one (1) year prior to appointment to the Board and shall serve until his or her successor is appointed and sworn in as a member. The Board by resolution shall determine the time and place of meetings. The Board shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations. Nothing shall prevent a member from serving simultaneously on the Commission and the Board.
   (c)   Meetings. Meetings of the Board shall be held in accordance with an adopted schedule, or at the call of the Chair, or at such other times as the Board may specify in its rules and procedures. The Board shall state the grounds of each determination, and shall maintain a record of its proceedings, which shall be filed in the office of the Clerk of Council.
   (d)   Concurring Vote Required. Three members of the Board shall constitute a quorum required to conduct any meeting. The concurring vote of three members of the Board shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body; to decide in favor of an applicant on any matter upon which the Board is required to act; or, to effect any variation to this Ordinance.
   (e)   Jurisdiction. The Board shall discharge the following duties pursuant to this Ordinance:
      (i)   Interpretation of the Zoning Map. The Board shall act on all questions as they may arise in the administration of this Ordinance, including the interpretation of the zoning district map, and the interpretation of the exact location of a boundary line between zoning districts shown on the zoning district map.
      (ii)   Appeals. The Board shall also hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official or body charged with enforcement of this Ordinance.
      (iii)   Area Variances. The Board shall have the authority to grant area variances, based upon a showing of “practical difficulties” and a weighing of the factors set forth in Section 1180.22(j)(i) of this Ordinance.
      (iv)   Use Variances. The Board shall have the authority to grant use variances, based upon a showing of “unnecessary hardships” and meeting all of the standards set forth in Section 1180.22(j)(ii) of this Ordinance.
      (v)   Sign Variances. The Board shall have the authority to grant sign variances, based upon a showing of “particular hardships” and meeting all of the standards set forth in Section 1180.22(j)(iii) of this Ordinance.
      (vi)   Other Variances. The Board shall have the authority to grant variances made necessary by the advances of technology being put to use in new developments, but not anticipated by the provisions of this Ordinance.
      (vi)   Referred Matters. The Board shall also hear and decide matters referred to them or upon which they are required to pass under this Ordinance.
   In carrying out its duties, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer or body from whom the appeal is taken and may issue or direct the issuance of a permit. The Board shall in all instances comply with provisions outlined in this Ordinance.
   The Board shall not have the power to alter or change the zoning district classification of any property, and shall also not have the power to consider an appeal of any decision concerning a planned development, conditional use, or site plan. Notwithstanding these requirements, the Board shall have the power to consider variances associated with a conditional use site plan which relate to setbacks and dimensional requirements.
   The Board shall further not have the power to grant variances from the provisions of Chapters 1164, 1166, and 1168, as such power is reserved for the Commission pursuant to Section 1170.03(e)(iv), above.
   (f)   Decision Final. The decision of the Board shall be final, but shall be subject to appeal pursuant to the Revised Code and this Ordinance.
1170.05 RESPONSIBILITIES OF THE ADMINISTRATIVE OFFICIAL, CLERK OF COUNCIL, AND CITY PLANNER.
   (a)   Overview. Certain actions necessary for the implementation of these regulations shall be administered by the Administrative Official (with assistance from the Clerk of Council, City Planner, and other City staff and consultants). In carrying out designated duties, the Administrative Official shall be required to administer this Ordinance precisely as it is written. No Administrative Official shall make changes or vary the terms of this Ordinance.
   (b)   Responsibilities of the Administrative Official. In addition to specific responsibilities outlined elsewhere in this Ordinance, the Administrative Official shall have the following responsibilities:
      (i)   Provide citizens and public officials with information relative to this Ordinance and related matters.
      (ii)   Assist applicants in completing appropriate forms and following procedures related to site plan review, rezoning, and other zoning matters outlined in this Ordinance.
      (iii)   Review all applications for site plan review, conditional use review, and planned development, and take any action required under guidelines stated in this Ordinance.
      (iv)   Issue certificates of occupancy in accordance with this Ordinance when all provisions of this Ordinance and other applicable ordinances and codes are met.
      (v)   Forward to the Commission completed applications for site plan review, conditional use review, planned unit development proposals, petitions for amendments to this Ordinance, and other matters that must be reviewed by the Commission.
      (vi)   Forward to the Board all materials related to applications for appeals, variances, or other matters on which the Board is required to act.
      (vii)   Forward to the Council all recommendations of the Commission concerning matters on which action is either mandatory or discretionary on the part of the Council.
      (viii)   Periodically report to the Commission on the status of City’s zoning and planning administration.
      (ix)   Record or cause to be recorded and prepare the official minutes of all meetings of the Commission and Board.
      (x)   Maintain official records and file all official minutes and documents in an orderly fashion.
      (xi)   Maintain the current official Zoning Map of the City and an up-to-date Zoning Ordinance text by recording all adopted amendments.
      (xii)   Review and investigate permit applications to determine compliance with the provisions of this Ordinance.
      (xiii)   Issue permits when all provisions of this Ordinance and other applicable ordinances are met.
      (xiv)   Perform inspections of buildings, structures, and premises to insure that the land use or improvements to the land are and will remain in compliance with this Ordinance.
      (xv)   Initiate and perform investigations into alleged violations of this Ordinance and proceed with appropriate corrective measures as required, including issuance of violation notices, issuance of orders to stop work, and revocation of permits.
      (xvi)   Perform other related duties required to administer this Ordinance.
   (c)   Responsibilities of the Clerk of Council. In addition to specific responsibilities outlined elsewhere in this Ordinance, the Clerk of Council or duly authorized representatives shall have the following responsibilities:
      (i)   Publish all notices required by this Ordinance.
      (ii)   Perform other related duties required to administer this Ordinance.
   (d)   Responsibilities of the City Planner. The City Planner may be a member of City staff or a firm or organization retained on a consulting basis, or the responsibilities may be shared by staff and a consultant. In addition to specific responsibilities outlined elsewhere in these regulations, upon request from the Council, the Commission, the Board, the Clerk of Council, the Administrative Official, an authorized department head, or other authorized City body or official, the City Planner shall fulfill the following responsibilities:
      (i)   Prepare and administer such plans and ordinances as are appropriate for the City and its environs, within the scope of the applicable enabling laws.
      (ii)   Advise and assist the Commission and be responsible for carrying out the directives of the Commission.
      (iii)   Advise and assist the Council and other authorized City bodies or officials and be responsible for carrying out their directives.
      (iv)   Provide citizens and public officials with information relative to this Ordinance and related matters.
      (v)   At request of the City, review applications for site plan review, conditional use review, planned development proposals, and take any action required under the guidelines stated in this Ordinance.
      (vi)   At the request of the Commission or Council, draft amendments to this Ordinance and other ordinances to accomplish the planning objectives of the City.
      (vii)   Periodically report to the Commission on the status of City’s zoning and planning administration.
      (vii)   Perform other related duties required to administer these regulations.