1147.271 COUNCIL ACTION REQUIRED FOR NON-COMPLIANCE WITH PLANNING AND ZONING CODE.
   (a)   The Council of the City of Chardon shall review the final plan for approval of a municipal structure or project or the use of municipal land. The Council, in its sole discretion as the legislative body of the City, may approve a plan which does not comply with the requirements of Part 11 Planning and Zoning Code of the Codified Ordinances.
   (b)   If a plan presented to the Council does not comply with the requirements of Part 11, the Council, before taking action on the plan, shall do the following:
      (1)   Schedule a public hearing and send notices to all property owners within 200 feet of the proposed municipal use or project. The procedure for a public hearing and notices thereof shall comply with the requirements of Section 1111.101.
      (2)   The Council may consider comments made at the public hearing and letters received by the Clerk of Council at or prior to the hearing. The Council will address the concerns of the property owners and residents and comments of the municipal Planning Commission, if any.
      (3)   The Council may consider whether revision or amendment of the plan is in the best interest and health, safety and welfare of all the residents of the City of Chardon. The factors that the Council may consider include, but are not limited to, increased costs of the project, suitability of the site or plan for the intended municipal purpose, environmental impact and significant reduction in the values of adjacent and neighboring property
      (4)   After consideration of the foregoing, the Council will make a good faith effort to comply with the requirements of Part 11 and balance the burden of non-compliance upon the abutting and nearby property owners and the best interests and the health, safety and welfare of all the residents of the City of Chardon, which determination shall be within the sole discretion of the Council as the legislative body of the municipality.
         (Ord. 2916. Passed 2-11-16.)