(a) Organization. There shall be appointed, commencing January 1, 1997, in place of the Board of Appeals created by existing ordinance of the Municipality, a Board of Zoning and Building Appeals composed of five (5) qualified members appointed by the Mayor, with the concurrence of two- thirds (2/3) of the membership of the legislative authority, who shall be appointed for a term of five (5) years, except that members first appointed shall be appointed as follows: one (1) for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, one (1) for a term of four (4) years and one (1) for a term of five (5) years. Any vacancy shall be filled in the same manner for the unexpired term. All Board members shall serve without compensation unless otherwise provided by ordinance. The Mayor, with the concurrence of two-thirds (2/3) of the membership of the legislative authority, shall have the right to remove any member for cause. The Building Inspector and the City Engineer shall furnish the necessary technical advice and services required by the Board.
(b) Powers and Duties. The Board of Zoning and Building Appeals shall have the following duties and powers, to be exercised in conformity with the purpose and intent of the ordinances governing zoning and building in the Municipality of Avon and in accordance with such guidelines, standards and procedures as from time to time shall be promulgated by Council:
(1) To hear and decide appeals made for exceptions to and variations from the application of the Zoning Code and the Building Code;
(2) To hear and decide appeals made from decisions and rulings of administrative officials and agencies, other than Council, including the Building Inspector and Zoning Enforcement Officer;
(3) To interpret the Zoning Code and the Building Code, ordinances, resolutions, rules or regulations;
(4) To exercise, with respect to buildings situated in the Municipality, the same powers as are exercised by the Board of Building Standards under the laws of the State of Ohio to the extent that it is competent for this Charter so to authorize the Board;
(5) To recommend to Council changes in and amendments to the Planning, Zoning and Building Codes;
(6) To establish rules and regulations for its own procedure not inconsistent with this section;
(7) To do and perform such other duties and functions as may be imposed upon it by this Charter, existing ordinances or ordinances and resolutions of the Council.
Nothing herein contained shall be construed as authorizing the Board of Zoning and Building Appeals to exact changes in a zoning map or to add to the uses permitted in any zoning district. Administrative decisions by Council on any matter involving the Planning and Zoning Code shall be deemed final and not reviewable by the Board of Zoning and Building Appeals.
(Amended 11-8-66; 11-2-71; 11-7-95; 5-6-97; 11-7-17)
(a) Members; Terms; Vacancies.
A Planning Commission shall be created and shall consist of the Mayor or a person appointed by the Mayor to act in the Mayor's stead as the Mayor's deputy; one (1) member of Council to be selected by the President of Council for a term not to exceed the Council President's term as a member of Council; and three (3) electors of the Municipality not holding other Municipal office or appointment. All members of the Commission shall serve without compensation unless otherwise provided by ordinance. The three (3) elector-members shall be appointed by the Mayor with concurrence of two-thirds (2/3) of the membership of the legislative authority for a term of six (6) years each, except that of the three (3) elector-members appointed for the term beginning January 1, 1962, one (1) shall be appointed for a term of two (2) years, one (1) for a term of four (4) years, and one (1) for a term of six (6) years. A vacancy occurring during the term of any member of the Municipal Planning Commission shall be filled for the unexpired term in the manner authorized for an original appointment. The Mayor, with the concurrence of two-thirds (2/3) of the membership of the legislative authority, shall have the right to remove an appointed member for cause.
(b) Duties and Powers.
It shall be the function and duty of the Planning Commission to act as the platting commissioners of the Municipality, and as such it shall have control of planning and shall provide regulations with respect to the platting of all lands within the Municipality so as to secure their harmonious development; to provide for the co-ordination of a street with other streets and with the official Municipal Plan; and to provide for open spaces, for traffic, utilities, access of fire-fighting apparatus, recreation, light and air, and for the avoidance of congestion of population.
It shall make such regulations as it deems necessary as to the manner in which streets and other public ways shall be graded and improved, and the manner in which and the extent to which water, sewer and other utility mains, piping or other facilities shall be installed, or establish any other condition precedent to the approval of a proposed plat.
The Commission shall make plans and maps of the whole or any portion of the Municipality and of any land outside the Municipality which, in the opinion of the Commission, bears a relation to the planning of the Municipality, and make changes in, additions to, and estimates of, such plans or maps when it deems it to be advisable. It shall have such powers as may be conferred upon it by ordinance of the Council concerning the plan, design, location, removal, relocation and alteration of any public building or structure or those located on public streets or property, the location, relocation, widening, extension and vacation of streets, parkways, playgrounds and other public places, the zoning and re-zoning of the Municipality for any lawful purpose, and such other powers as may now or hereafter be conferred upon it by ordinance of the Council or general laws of the State of Ohio. Unless otherwise provided by ordinance, all plans, recommendations and regulations made by the Planning Commission shall be submitted to the Council for approval before the same shall be considered official.
(c) Funds.
A sufficient sum shall be appropriated by the Council each year to carry out the planning provisions of this Charter.
(d) Mandatory Referral.
No public building, street, boulevard, parkway, park, playground, harbor, dock, wharf, airport, landing strip, bridge, tunnel or publicly or privately owned utility or part thereof shall be constructed or authorized to be constructed in the Municipality, nor shall any street, avenue, parkway, boulevard or alley be opened for any purpose whatsoever, nor shall any street, avenue, parkway, boulevard or alley be widened, narrowed, relocated, vacated or its use changed, nor shall any ordinance referring to zoning or other regulations controlling the use or development of land be passed, unless and until it shall have been submitted to the Planning Commission for report and recommendation. Any matter so referred to the Planning Commission shall be acted upon by it within seventy (70) days from the date of referral unless a longer time is allowed by Council. If the Planning Commission shall fail to act within the time allotted, it shall be deemed to have disapproved such matter. Any provision of any proposed ordinance, resolution or order disapproved by the Planning Commission shall require an affirmative vote of two-thirds (2/3) of the membership of the legislative authority for adoption or authorization.
(e) Any ordinance passed by City Council rezoning any property zoned residential that is south of Interstate 90 to a classification other than residential shall not be deemed effective until passed by an affirmative vote of a majority of the electors voting thereon at a regularly scheduled general election. Notwithstanding the foregoing, ordinances passed by City Council shall be deemed effective without an affirmative vote of a majority of the electors if the property to be rezoned is one of the following:
(1) Property specifically exempted from this Charter Amendment, designated on the attached map and in the accompanying legal descriptions, all of which are contained in Exhibit "A" attached to Ordinance 95-06 and incorporated herein by reference.
(2) Property currently in litigation in the case styled Lake Pointe Construction v. City of Avon., Court of Common Pleas, Lorain County, Ohio, Case No. 06CV145165.
(3) Property consisting of five (5) acres or less south of Interstate 90 but north of Detroit Road and contiguous only to property that is already zoned commercial as of the effective date of this Amendment.
(Amended 11-4-86; 11-7-95; 11-4-03; 11-7-06)