Loading...
ADMINISTRATION
A Zoning Inspector designated by the Mayor shall administer and enforce this chapter. The Zoning Inspector is under the jurisdiction of the City Engineer. He or she may be provided with the assistance of such other persons as the Mayor or City Engineer may direct. For the purpose of this chapter, the Zoning Inspector shall have the following duties:
(A) Enforce the provisions of this chapter and interpret the meaning and applications of its provisions.
(B) Respond to questions concerning applications for amendments to the Zoning Ordinance text and the Zoning Map.
(C) Issue zoning permits and certificates of occupancy as provided by this chapter and keep a record of same with a notation of any special conditions involved.
(D) Act on all applications upon which he or she is authorized to act by the provisions of this chapter within ten days or notify the applicant in writing of his or her refusal or disapproval of such application and the reasons therefore. Failure to notify the applicant in the case of such refusal or disapproval within the specified time shall entitle the applicant to submit his or her request to the Planning and Zoning Commission.
(E) Conduct inspections of buildings and uses of land to determine compliance with this chapter, and in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.
(F) Maintain in current status the Zoning Map which shall be kept on permanent display in the city offices.
(G) Maintain permanent and current records required by this chapter, including but not limited to zoning permits, zoning certificates, inspection documents, and records of all variances, amendments, and conditional uses.
(H) Make such records available for the use of the City Council, Planning and Zoning Commission, and the public.
(I) Review and approve site plans pursuant to this chapter.
(J) Determine the existence of any violations of this chapter and cause such notifications, revocation notices, stop orders, or tickets to be issued; or initiate such other administrative or legal action as needed to address such violations.
(K) Prepare and submit an annual report to the City Council and Planning and Zoning Commission on the administration of this chapter, setting forth such information as may be of interest and value in advancing and furthering the purpose of this chapter. Such report shall include recommendations concerning the schedule of fees.
(Ord. 37-02, passed 7-10-02)
The Planning and Zoning Commission is designated by the Mayor as described in division (A) of this section. The main function of the Planning and Zoning Commission is to make recommendations to the Council concerning conditional use permits, site plans, and changes to the zoning code, as well as to act as a quasi-judicial body that shall hear variances and appeals, and decide whether or not to grant the appeal. More specific responsibilities of the Planning and Zoning Commissioners are detailed in division (C) of this section.
(A) Appointment and term length. The Commission shall be composed of seven members who reside in the incorporated area of the city and shall include the Mayor, Director of Public Services, President of the Board of Park Commissioners, and four citizens to be appointed by the Mayor.
(1) The term of all members shall be six years and their terms so arranged that the term of one member shall expire each year.
(2) Any vacancy shall be filled for the remainder of the unexpired term in the manner the original appointment was made.
(3) All members shall serve without compensation.
(B) Proceedings of Commission.
(1) The Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance.
(2) The Commission shall elect a Chairperson and Vice-Chairperson, shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this chapter, and appoint a secretary who may or may not be a member of the Commission.
(3) Commission meetings shall be held at the call of the chairperson and at such other times as the Commission may determine. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
(4) The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The Secretary shall record Commission action and keep minutes of its proceedings showing the vote of each member upon each question, or if absent, or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. All minutes shall be public record and immediately filed in the office of the Commission.
(5) The presence of four members shall constitute a quorum. The concurring vote of four members of said Commission shall be necessary to reverse an order of determination of the Zoning Inspector, to decide in favor of an applicant in any matter over which the Commission has original jurisdiction under this chapter, or to grant any variance from the requirements stipulated in this chapter.
(C) Duties of Commission. For the purpose of this chapter, the Commission shall have the following duties:
(1) Recommend the proposed Zoning Ordinance, including text and Zoning Map to the City Council for formal adoption.
(2) Initiate advisable Zoning Map changes or changes in the text of the Zoning Ordinance where same will promote the best interest of the public in general through recommendations to the City Council.
(3) Review all proposed amendments to the text of this chapter and the Zoning Map and make recommendations to the City Council.
(4) Review all planned development applications and make recommendations to the City Council as provided in this chapter.
(5) Review all conditional uses as identified in the respective zoning districts according to § 155.1802.
(6) Carry on a continuous review of the effectiveness and appropriateness of this chapter and recommend such changes or amendments as it feels would be appropriate.
(8) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector.
(9) Authorize such variances from the terms of this chapter as will not be contrary to the public interest where owing to the special conditions, a literal enforcement of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.
(10) In case of a use that is not specifically mentioned in this chapter, the Commission shall classify the use of a similar nature to a use that is already listed in this chapter. The use that is approved as a similar use shall subsequently be recommended by the Commission for addition to the permitted uses in the zoning districts previously described in this chapter through the amendment process.
(11) Consider and act on appeals from a decision made by the Zoning Inspector relating to the interpretation of this chapter.
(Ord. 37-02, passed 7-10-02)
It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector and that such questions shall be presented to the Planning and Zoning Commission only on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Planning and Zoning Commission shall be to the courts as provided by law. It is further the intent of this chapter that the duties of the City Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter, the City Council shall only have the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter as provided by law and of establishing a schedule of fees and charges as stated in § 155.2508. Nothing in this chapter shall be interpreted to prevent any official of the city from appealing a decision of the Planning and Zoning Commission to the courts as provided in R.C. Chapters 2505 and 2506. Any such appeal shall be made within ten days of the Planning and Zoning Commission written decision.
(Ord. 37-02, passed 7-10-02)
The powers and duties of the City Council pertaining to the Zoning Ordinance are as follows:
(A) Approve Planned Development District applications.
(B) Initiate or act upon suggested amendments to the Zoning Ordinance text or Zoning Map. Final action upon a suggested zoning amendment shall be undertaken at a public hearing.
(C) Override a written recommendation of the Planning and Zoning Commission on a text or map amendment provided that such legislative action is passed by a vote of not less than three-quarters of the City Council.
(Ord. 37-02, passed 7-10-02)
Loading...