1119.01 Appeals to the Planning Commission.
1119.02 Initiation of appeal.
1119.03 Planning Commission hearing of appeal.
1119.04 Stay of proceedings.
1119.05 Decision of the Planning Commission on appeals.
1119.06 Variances.
1119.07 Variance application requirements.
1119.08 Planning Commission review of variance request.
1119.09 Decision of the Planning Commission on variances.
1119.10 Appeal of Planning Commission’s decision.
1119.11 Professional fees and costs; account established; deposit by applicant required; appeal of professional fees.
CROSS REFERENCES
Appeals from zoning decisions - see Ohio R.C. 713.11, Ch. 2506
Amendments - see P. & Z. Ch. 1121
Any person, firm or corporation may appeal a decision or action of the Chief Building Official or other administrative officer in the enforcement and administration of the Planning and Zoning Code to the Planning Commission within ten (10) days after the date of such decision or action by filing with the Planning Commission a written notice of such appeal. The notice of appeal shall include a brief statement of the nature of the appeal, a copy or a recital of the substantive facts giving rise to the order, act or omission appealed from, including the date thereof.
(Ord. 2016-07-24. Passed 8-3-16.)
(a) Upon the filing of an appeal, the Chief Building Official shall transmit to the Planning Commission all the papers constituting the record upon which the action appealed from was taken.
(b) For the purposes of this Chapter, an applicant's request for a variance from the terms of this Code shall be considered as an appeal to the Planning Commission, subject to the regulations set forth in this Chapter.
(c) All appeals shall be submitted with the required fees, if applicable, as established in the Glenwillow fee schedule.
(Ord. 2016-07-24. Passed 8-3-16.)
(a) Upon the filing of appeal with the Planning Commission, the Planning Commission shall fix a time and place of hearing thereon.
(b) The Planning Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(c) The appellant and the officer whose act or omission is the subject matter of appeal shall have the right to appear in person and with legal counsel as well as any person in interest may appear at the public hearing in person or by attorney.
(d) The Planning Commission shall have the power to subpoena persons, records and other pertinent data, on its own motion or at the request of the appellant or the administrative officer.
(e) In considering the appeal, competent evidence may be presented directly affecting the subject matter of appeal.
(Ord. 2016-07-24. Passed 8-3-16.)
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Chief Building Official certifies to the Planning Commission after the notice of the appeal has been filed, that by reason of facts stated in the application, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Planning Commission or by a court of record on application, on notice to the Chief Building Official from whom the appeal is taken on due cause shown.
(Ord. 2016-07-24. Passed 8-3-16.)
(a) The Planning Commission shall determine such appeals within sixty (60) days after the filing thereof.
(b) Within its powers, the Planning Commission may reverse or affirm, wholly or in part, the decision being appealed, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a permit or certificate.
(Ord. 2016-07-24. Passed 8-3-16.)
An application for a variance shall be filed for review by the Planning Commission. The application shall include all such forms, maps, and information, as may be prescribed for that purpose by the Chief Building Official to assure the fullest practicable presentation of the facts for the permanent record, including:
(a) The completed application form, along with the appropriate review fee;
(b) Legal description of property or portion thereof;
(c) Description or nature of variance requested;
(d) Narrative statements establishing and substantiating the justification for the variance pursuant to the criteria in Section 1119.08(b); and,
(e) A plan, neatly and legibly drawn to adequately depict the information showing the following, where applicable:
(1) The lot/parcel identification of the subject site and the adjacent parcels;
(2) The street providing access to the lot as well as the location and setback of driveways;
(3) The actual dimensions of the lot, the setbacks and other open space dimensions thereof and the location and size of any existing structures thereon;
(4) The location and size of the proposed structure, and/or the proposed enlargement of existing structures;
(f) List of all owners of the property contiguous to and directly across the street from the property for which the variance is requested.
(g) Any other information, including but not limited to floor plans and other drawings at a reasonable scale to convey the need for the variance, which, in the judgment of the Chief Building Official, may be necessary to provide for the enforcement of this Code.
(Ord. 2016-07-24. Passed 8-3-16.)
(Ord. 2016-07-24. Passed 8-3-16.)
(a) Hearing and Notice. The Planning Commission shall schedule a hearing to review the variance application and give notice of the same.
(1) Upon such application being filed, the Chief Building Official shall provide written notice to the owners of all properties directly contiguous to the property for which the variance is requested.
(2) Such notice shall be provided by first class mail, at least fifteen (15) days before the date of the Planning Commission hearing at which the variance will be considered. Such notice shall be mailed to the address of such property owners appearing on the County Auditor's current tax list. The failure of delivery of such notice shall not invalidate any determination made by the Planning Commission.
(b) Factors For Review of Variance Application. The Planning Commission shall review each application for a variance to determine if it complies with the purpose and intent of this Zoning Code and evidence demonstrates that the literal enforcement of this Zoning Code will result in practical difficulty or unnecessary hardship, depending on the type of variance requested. The Planning Commission shall not grant a variance unless it shall, in each case, make specific findings of fact directly based upon the particular evidence presented to it from the factors below.
(1) On appeal where there is unnecessary hardship the Planning Commission may grant a use variance in the application of the provisions of the Zoning Ordinance only if all of the following findings are made:
A. That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the Zoning Code in the neighborhood or district in which the property is located.
B. That because of such physical circumstances or conditions, there is no possibility that the property can be developed, further developed, or used in strict conformity with the provisions of the Zoning Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C. That such unnecessary hardship has not been created by the appellant.
D. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use of development of adjacent property, nor be detrimental to the public welfare.
E. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(2) On appeal where there is practical difficulty the Planning Commission may grant an area variance in the application of the provisions of the Zoning Code. The following factors shall be considered and weighed by the Planning Commission when determining whether the applicant will experience practical difficulties:
A. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.
B. Whether the variance is substantial.
C. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.
D. Whether the variance would adversely affect the delivery of governmental services.
E. Whether the property owner purchased the property with knowledge of the zoning restriction.
F. Whether the property owner's predicament feasibly can be obviated through some method other than a variance.
G. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(c) Requests for Additional Information. The Planning Commission may request that the applicant supply additional information that the Planning Commission deems necessary to review and evaluate the request for a variance.
(Ord. 2016-07-24. Passed 8-3-16.)
(a) Within sixty (60) days after the hearing concludes, the Planning Commission shall make a decision on the application. The Planning Commission shall: approve; approve with supplementary conditions; or disapprove the request.
(b) The Planning Commission may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation(s) or provision(s) to which the variance applies will be met. Violation of such conditions and safeguards, when made a part of the terms under which the application is granted, shall be deemed a violation punishable under Chapter 1125, Enforcement and Penalties.
(Ord. 2016-07-24. Passed 8-3-16.)
Any aggrieved party may appeal a decision made by the Planning Commission to Village Council by filing a written notice of appeal to Council within ten (10) days after the date of the Planning Commission's final written decision. Council shall follow same procedure guidelines as written in Section 1119.08. Any party adversely affected by a decision of Village Council may appeal to the County Court of Common Pleas in accordance with the laws of the State.
(Ord. 2016-07-24. Passed 8-3-16.)
(a) When a property owner submits an application for a use variance under this Chapter, the property owner shall reimburse the Village for any professional fees and related costs associated with the Village's review, analysis, inspection, and other activity related to such request.
(b) The Director of Finance shall establish a Professional Fees, Costs, and Review Account for the Village of Glenwillow. The funds placed in this Review Account are subject to the deposit and fee schedules described in subparts (c) and (d) herein.
(c) A Professional Fees and Costs Deposit in the amount of one thousand dollars ($1000.00) shall accompany each use variance application submitted under this Chapter. The Deposit shall be placed in a Professional Fees, Costs, and Review Account, which shall be maintained for each separate application or appeal. The initial Deposit shall be received before the Village is to incur any professional fee or cost associated with the Village's review, analysis, inspection, and other activity related to an applicant's request. The Chief Building Official may, on a case by case basis, assess an applicant an additional Deposit based upon anticipated future professional fees and costs. At all times during the pendency of an application or appeal where professional fees and/or costs for the Village are required, such fees and costs shall be charged against the Professional Fees and Cost Deposit on a monthly and/or as needed basis and a positive balance shall be maintained in an applicant's professional review account. The Village shall give notice to an applicant once the balance in the applicant's professional review account reaches a five-hundred dollar ($500.00) or lower balance if an additional Deposit will be required. Should the fees as set forth in subpart (d) of this Section consume the entire initial Professional Fees and Costs Deposit, all reviews, consideration, deliberation and analysis of the subject application by the Village shall be suspended and no further work, and/or further use shall be done by the applicant or its agents until a supplemental Deposit is assessed and deposited. The balance of the Deposit funds on hand, after fees are assessed to said applicant, shall be returned to the applicant within ninety (90) days of the final conclusion of the project and any potential legal matter pertaining to the application or appeal.
(d) The Chief Building Official shall create and maintain a fee schedule for various tasks associated with the professional review, inspection or other conduct required in association with any use variance application submitted under this Chapter. Said fee schedule shall be created by the Chief Building Official in accordance with the fee service rates established by Village agreement with the professional. The fees shall be charged against the Professional Fees and Cost Deposit on a monthly and/or as needed basis. The fees set forth in the schedule shall not conflict with, and shall be in addition to, any other fee established by the Codified Ordinances.
(e) No approvals shall be granted for any application submitted under this Chapter unless and until the required initial and/or supplemental Deposit(s) described in this Section have been made.
(f) Whenever a property owner is required to reimburse the Village for professional fees pursuant to this Section, such applicant shall have the right to appeal to the Planning Commission the amount of such professional's fees charged to the applicant.
(1) An appeal under this subsection shall be initiated within ten (10) days after the fees are invoiced to the applicant by the Village, by the filing of a written Notice of Appeal with the Secretary of the Planning Commission, together with a deposit of an official bank check or certified check, or cash, in the full amount of the professional's fees which the applicant disputes. Such deposits shall thereafter be held by the Village until such time as the Planning Commission renders its decision as set forth below. The Notice of Appeal shall set forth a written summary of the applicant's grounds for disputing such fees.
(2) No later than thirty (30) days after the filing of such response, the Planning Commission shall conduct a hearing relative to the applicant's appeal.
(3) The Planning Commission shall thereafter determine, by a majority vote, whether the applicant has demonstrated, by a preponderance of the evidence, that the professional's fees are unreasonable. Reasonableness shall be determined based upon the following factors:
A. The terms of the contract between the Village and the professional.
B. The amount of time expended on the review by the professional and the nature of the issues under review.
(4) In the event the Planning Commission denies the appeal, the Village shall immediately utilize the deposit previously referred to herein for the payment of the professional's fees. In the event the Planning Commission agrees with the applicant that the professional's fees are unreasonable, then the Planning Commission shall determine a reasonable amount for such professional fees and shall thereafter direct the Village to pay to such professional the amount so determined from the deposit previously referred to herein. The balance remaining in such deposit shall be remitted to the applicant. The Village shall have no liability to the professional for services rendered on any project of an applicant for any sums determined under this section to have been unreasonably charged for such professional's services.
(Ord. 2021-05-15. Passed 8-4-21.)