The purpose of this chapter is to set forth the powers and duties of the City Council, Municipal Planning Commission, Historical Preservation Commission, Zoning Board of Appeals, Code Administrator and Development Review Committee with respect to the administration and enforcement of the provisions of this code.
(Ord. 21-161, passed 12-13-2021)
(a) Review authority names and references. For the purposes of this code, the formal names of the administration and decision-making authorities identified above may also be referred to abbreviated names as identified below:
(1) The City of Avon Lake City Council may be hereafter referred to as “City Council” or “Council”.
(2) The City of Avon Lake Municipal Planning Commission may be hereafter referred to as the “Planning Commission”.
(3) The City of Avon Lake Historical Preservation Commission may be hereafter referred to as the “Historical Preservation Commission” or “HPC”.
(4) The City of Avon Lake Zoning Board of Appeals may be hereafter referred to as the “ZBA”.
(5) The City of Avon Lake Code Administrator may be hereafter referred to as the “Code Administrator”.
(6) The City of Avon Lake Development Review Committee maybe hereafter referred to as the “Development Review Committee” or “DRC”.
(b) Delegation of authority. Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.
(Ord. 21-161, passed 12-13-2021)
In addition to any other authority granted to the City Council by Charter, ordinance or state law, the City Council shall have the following powers and duties, as it relates to this code:
(a) Initiate, hear, review and make decisions related to amendments to the text of this code or the zoning map;
(b) Review and confirm or reject recommendations on conditional uses from the Planning Commission in accordance with § 1214.03: Conditional Uses;
(c) Hear, review, and make decisions on MUO development plans in accordance with Chapter 1218: Mixed-Use Overlay District (MUO);
(d) Hear, review, and make decisions related to previously approved Planned Unit Developments in accordance with Chapter 1220: Planned Unit Developments (PUD);
(e) Hear, review, and make decisions related to Residential Planned Developments in accordance with Chapter 1222: Residential Planned Development District (RPD);
(f) Review and accept, where appropriate, any proposed dedication of streets, utilities and other public improvements required by this code;
(g) Establish fees for development review procedures, certificates and permits outlined in this code;
(h) Initiate, hear, review and make decision related to the designation of historic sites and districts; and
(i) Perform any other duties related to the administration and enforcement of this code as authorized by the Charter, this code, and the Ohio Revised Code.
(Ord. 21-161, passed 12-13-2021)
For the purposes of this code, there shall be review boards established for the administration and enforcement of this code including the Planning Commission, HPC and the ZBA.
(a) General rules and regulations for all review boards. The following shall apply to the Planning Commission, HPC and ZBA.
(1) Members of a board shall serve without compensation.
(2) With the prior approval of City Council, any expense incurred by a review board, or the members of such board, in the performance of their duties, shall be paid from the Municipal Treasury.
(3) All members, at the date of their respective appointments, shall have been qualified electors of the city for the previous two years and shall continue to be qualified electors of the city during the terms of their office.
(4) Except where the organizational requirements of this section mandate membership by an elected official, members of the review boards shall not otherwise be employed or appointed to any other municipal office.
(5) Members of a board may be removed for misfeasance, malfeasance or nonfeasance by City Council.
(6) A vacancy occurring during the term of any member of the board shall be filled through the same manner as the position was originally filled, for the unexpired term in a manner authorized for the original appointment.
(7) The Planning Commission, HPC and ZBA may, by a majority vote of its entire membership, adopt by-laws or rules for the governance of said board, provided they are consistent with state law and with any ordinances of the city.
(8) The boards shall keep minutes of their meetings and hearings, which shall be a public record.
(9) All meetings of the boards shall be open to the public, except as exempted by law.
(10) The departments, divisions and agencies of the city shall cooperate with and assist the boards in implementing the purposes for which they are formed.
(11) Review boards may subpoena witnesses and require the production of records in accordance with Chapter 268 of the code of ordinances of the city.
(12) Alternates.
A. City Council may appoint up to two alternate members to each review board for a term of two years each.
B. An alternate member shall take the place of an absent regular member at any meeting of the applicable review board.
C. An alternate member shall meet the same appointment criteria as a regular member.
D. When attending a meeting on behalf of an absent member, the alternate member may vote on any matter the absent member is authorized and eligible to vote for and provided the member attended all pertinent public meetings or hearings.
E. When a vacancy occurs, alternate members do not automatically become full members of the applicable review board. Alternate members have to be appointed to replace a full member upon a vacancy.
(13) Meetings.
A. Each board shall hold such meetings as it may require for conducting its business. Prior to the end of each year, the members shall, by motion, determine the dates of its regular meetings for the succeeding year.
B. The Chairperson of each board may cancel a meeting if there is no pending business to be conducted, after consulting with the Code Administrator.
C. Special meetings may be called by the chairperson or by two members of the individual board after consulting with the Code Administrator, or by a vote of the applicable board at its regular meeting.
D. At either the first meeting or the last regular meeting of each year, each board shall elect a Chairperson who shall serve for one-year terms. The boards may also elect a Vice-Chairperson and Secretary. These officers shall be elected from among the members of the applicable boards. During the temporary absence of the Chairperson, the Vice-Chairperson, where elected, shall fulfill the duties of the Chairperson.
(14) Quorums and decisions.
A. Any combination of four or more regular or alternate members of the Planning Commission shall constitute a quorum. Any combination of three or more regular or alternate members of the ZBA or HPC shall constitute a quorum.
B. A motion made on a decision shall carry when at least four members of the Planning Commission or three members of the HPC or ZBA concur.
C. Non-decision items, such as continuance or approval of minutes, shall only require a majority of the quorum of the individual board to concur.
D. A member of a board shall not be qualified to vote if that member did not attend the public hearing of the applicable case subject to a decision unless he or she has read or listened to the transcript of the public hearing.
(b) Organization and roles of the Planning Commission.
(1) Establishment. The Municipal Planning Commission is hereby established by City Council pursuant to the Charter of the city.
(3) Roles and powers of the Planning Commission. The Planning Commission shall have the following roles and powers:
A. Initiate, hear, review and make recommendations to City Council for a comprehensive land use plan and other plans for the future physical development and improvement of the city, based upon utility, convenience and beauty, physical needs, density and the social welfare and physical well-being of the people;
B. Initiate, hear, review and make recommendations to City Council related to amendments to the text of this code or the zoning map;
C. Hear, review and make recommendations on MUO development plans in accordance with Chapter 1218: Mixed-Use Overlay District (MUO);
D. Hear, review and make recommendations or decisions related to Planned Unit Developments in accordance with Chapter 1220: Planned Unit Developments (PUD);
E. Hear, review and make recommendations or decisions related to Residential Planned Developments in accordance with Chapter 1220: Planned Unit Developments (PUD);
F. Hear, review, and make recommendations to City Council on conditional uses in the respective zoning district;
G. Review and make decisions on site plan applications;
H. Review and make decisions on alternative equivalency review applications, simultaneously with an associated site plan application;
I. Review and make decisions on the preliminary subdivision plats and final subdivision plats for major subdivisions;
J. Review any proposed construction, alteration, opening, widening, narrowing, relocation, vacation or change in publicly owned property which is not in conformity with the approved comprehensive land use plan, or other plans adopted by the city. The Planning Commission shall act upon such a proposal within 60 days from the date of referral unless a time extension has been mutually agreed upon. If the Planning Commission fails to act it shall be deemed to have approved said proposal;
K. Review and make decisions on requests for subdivision modifications;
L. Consider, investigate and report upon any special matter or question coming within the scope of its work as requested by City Council, or the administration; and
M. Perform any other duties related to the administration and enforcement of this code as authorized by the Charter, this code, by ordinance of City Council, and/or the Ohio Revised Code.
(4) Special provisions for Planning Commission hearings related to conditional use review. As stated in Chapter 1214: Review Procedures, a conditional use shall be reviewed through an adjudication hearing that allows the Planning Commission to have the following additional powers as part of the review of any conditional use application.
A. The Planning Commission shall make findings and conclusions which support its decisions. The findings and conclusions shall set forth and demonstrate the manner in which the decision carries out and helps to administer and enforce the provisions of this code including the application of any review criteria for the subject application.
B. The Planning Commission may subpoena witnesses and require the production of records in accordance with Chapter 268 of this code of ordinances.
C. The privilege of cross-examination of witnesses shall be accorded all interested parties or their counsel in accordance with the rules of the Planning Commission.
(c) Organization and roles of the Historical Preservation Commission (HPC).
(1) Establishment. The city’s Historical Preservation Commission is hereby established by City Council.
(2) Membership and terms. The membership of the HPC shall be as follows.
A. The HPC shall be composed of a total of five members, each of whom shall have demonstrated a special interest, experience or knowledge of history, architecture or a related discipline.
B. At least two members of the HPC shall be preservation-related professional members to the extent such professionals are available in the community. Preservation-related professions shall include, but are not limited to, the professions of architecture, architectural history, history, archaeology, interior design with a specialization in historic preservation, planning or a related discipline.
C. City Council shall appoint three members to the HPC and the Mayor shall appoint two members to the HPC. The two members appointed by the Mayor are subject to confirmation and approval by Council.
D. The Planning Commission shall designate one member of said commission as a non-voting liaison to the HPC.
E. The City Council shall designate one member of Council to serve as a non-voting liaison to the HPC.
F. The length of appointments to the HPC shall be two years with staggered terms and with no limits on the number of consecutive appointments. In the first year, two City Council appointees and one Mayoral appointee shall serve a one-year term; thereafter, all appointees shall serve two-year terms.
(3) Roles and powers of the Historical Preservation Commission. The Historical Preservation Commission shall have the following roles and powers:
A. Review and make decisions with respect to certificates of appropriateness regarding any change, demolition, construction, preservation, restoration, reconstruction and rehabilitation of any structure or property within its jurisdiction;
B. Make recommendations regarding amendments to this code as they affect historic districts or landmarks;
C. Establish the procedures for evaluating applications for certificates of appropriateness;
D. Conduct or cause to be conducted a continuing survey of cultural resources in the community, according to the guidelines established by the Ohio Historic Preservation Office;
E. Act in an advisory role to other officials and departments of local government regarding the protection of local cultural resources;
F. Act as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation;
G. Conduct or encourage members to attend educational sessions at least once a year or an in-depth consultation with the Ohio Historic Preservation Office pertaining to the work and functions of the HPC or on specific historic preservation issues;
H. Educate property owners/applicants on the benefits and possible limitations of their property being declared historic;
I. Maintain a system for the survey and inventory of historic properties;
J. Review applications for designation as a historic landmark or historic district according to the procedures and criteria in this chapter; and
K. Perform any other duties related to the administration and enforcement of this code as authorized by the charter, this code, by ordinance of City Council, by mutual agreement with the Ohio Historic Preservation Office (OHPO), and/or the Ohio Revised Code.
(d) Organization and roles of the Zoning Board of Appeals (ZBA).
(1) Establishment. The city’s Zoning Board of Appeals is hereby established.
(2) Membership.
A. The ZBA shall be composed of a total of five members with two members being appointed by the Mayor and three members being appointed by City Council. The two members appointed by the Mayor are subject to confirmation and approval by Council.
B. The ZBA members shall serve a term of five years each, with terms staggered so that there is an appointment every year.
(3) Roles and powers of the ZBA. The ZBA shall have the following roles and powers to:
A. Hear, review and decide on appeals of any administrative decision where it is alleged there is an error in any administrative order, requirement, decision or determination made by the Planning Commission, Code Administrator or other staff member authorized to make such decisions or orders, unless another appeals board is established by this code;
B. Hear, review and decide on variance requests in accordance with the applicable provisions of this code;
C. Resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of § 1216.03: Zoning District Map and District Boundaries;
D. To permit the completion, restoration, reconstruction, expansion or extension of a nonconforming use where the enforcement of the regulations pertaining to nonconforming lots or buildings will result in unnecessary hardship; and
E. Perform any other duties related to the administration and enforcement of this code as authorized by the charter, this code, or the Ohio Revised Code.
(4) Special provisions for ZBA hearings.
A. The ZBA shall make findings and conclusions which support all of its decisions. The findings and conclusions shall set forth and demonstrate the manner in which the decision carries out and helps administer and enforce the provisions of this code, including the application of any review criteria for the subject application.
B. The ZBA may subpoena witnesses and require the production of records in accordance with Chapter 268 of the Code of ordinances.
C. The privilege of cross-examination of witnesses shall be accorded all interested parties or their counsel in accordance with the rules of the ZBA.
(Ord. 21-161, passed 12-13-2021)
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