1109.09 APPEALS.

   (a)   Planning Commission. The Ohio Constitution, Revised Code and City of Chardon Charter Section 7.02 authorize the creation and designates the composition of the Planning Commission.

   (b)   Organization and Procedure.

      (1)   The Planning Commission shall adopt, from time to time, such procedural rules and regulations which it deems necessary. The Board shall organize at its first meeting in every even numbered year and elect a Chairman and Vice Chairman. The City Manager shall appoint a city employee to serve as Secretary for the Commission.

      (2)   The Secretary shall keep minutes and audio recordings of the Commission’s proceedings. The vote on each issue shall be made by roll call. The Secretary shall record the vote of each member or that the member abstained or was absent. The Secretary shall keep and maintain all meeting minutes, Commission decisions, other written records and audio recordings which shall be filed and stored in the office of the Community Development Administrator.

      (3)   The Commission shall have the power to subpoena witnesses and documents, administer oaths, and punish for contempt.

      (4)   The Commission may request advice and guidance from City officials and employees in the performance of its duties.

   (c)   Conflict of Interest. If a Commission member has a conflict of interest concerning the issue, or owns real property within 200 feet of the boundary of the parcel which is the subject of a variance request or an application under consideration by the Commission, the member shall step down and shall not participate as a Commission member in the discussion or decision of the issue.   

   (d)   Powers and Duties. The Commission shall have the powers and duties granted in the Ohio Constitution, Revised Code and the City of Chardon Charter Sections 7.01 and 7.03, and the following:

      (1)   To grant variances to the Code Sections enumerated below owing to special conditions, when the applicant establishes that literal enforcement of the Code will result in either practical difficulty or unnecessary hardship, will not be contrary to the public interest, the purpose and spirit of the Code is followed and substantial justice will be done:

         A.   Non-Conforming Uses of Buildings, Structures or Land (Section 1123.05).

         B.   Use Regulations and Accessory Use Regulations (Sections 1131.03, 1131.07, 1133.03, 1133.13, 1135.03, 1135.13, 1139.03, 1139.19, 1141.03 and 1141.15).

         C.   Lot Requirements, Setback Requirements, Floor Area Requirements for Dwellings, Height Regulations and Projections into Required Setbacks (Sections 1133.05, 1133.09, 1133.11, 1133.15).

      (2)   To hear and decide all other matters properly before it.

      (3)   To convene and discuss in executive session those matters permitted by the Ohio Sunshine Law.

         (Ord. 2635. Passed 1-13-11; Ord. 2798. Passed 12-12-13; Ord. 3040. Passed 12-13-18.)