(a) With respect to the administration and enforcement of this Zoning Ordinance, the Official Zoning Map and the Subdivision Regulations, Council:
(1) May initiate and enact amendments to this Ordinance, the Official Village Zoning Map and the Subdivision Regulations and may submit such amendments to the Planning Commission for recommendation and review.
(b) With respect to the administration and enforcement of decisions of the Planning Commission and Board of Zoning and Building Appeals related to appeals, review hearings and Development Plans, Council:
(1) Shall hear and decide appeals from decisions of the Planning Commission and Board of Zoning and Building Appeals and conduct reviews of administrative decisions and orders, as hereinafter provided.
(2) Shall, upon recommendation of the Planning Commission under Section 1171.04
(a) of this Zoning Ordinance, hear applications for approval of Development Plans in Planned Development Districts, as hereinafter provided.
(c) With respect to the process for appeals, review hearings and Development Plans in subsection (b) above, the procedure shall be as follows:
(1) Upon receipt of a notice of appeal or upon receipt of a resolution for review, the Village Clerk shall direct the person, board or commission whose decision is being appealed or reviewed to submit to the Clerk all materials submitted to the person, board, or commission, or considered in reaching its decision or making the order. Upon receipt of an application for approval of a Development Plan, the Clerk shall proceed directly under subsection (e) hereof.
(d) When the appeal is from a decision or order of the Planning Commission or Board of Zoning and Building Appeals, the appellant shall file a letter indicating their reason for appealing the decision of the Commission or Board and shall file the transcript or parts thereof he/she intends to include in the record with the Clerk as soon as it or they are made available. For reviews of Council's prior administrative decisions, the Clerk shall obtain the findings of fact required by subsection (k) hereof and a transcript of the proceedings, if available. For appeals and reviews of other administrative decisions and orders, the Clerk shall obtain any findings of fact and transcript or parts thereof from whatever record is available.
(e) For appeal and review hearings, the Clerk shall forward any findings of fact and a copy of the minutes of the subject meeting to Council along with all pertinent materials submitted to or considered in reaching the decision or making the order and serve the same copy received by Council upon the appellant or person requesting the review or appeal. The Clerk shall also serve notice by personal service or ordinary mail as set forth in subsection (f) hereof, of the date and time scheduled for the appeal to be received by the Council to all adjacent and contiguous property owners and upon any other person identified in the record who was permitted to appear and be heard.
(f) At the next regularly scheduled Council meeting following service by the Clerk under subsection (e) hereof, the hearing shall be scheduled. The Council hearing may be scheduled to be held at either of the next two immediately subsequent regularly scheduled Council meetings after the meeting at which the appeal was received. The Clerk shall serve notice of the date and time of the hearing upon all persons entitled to notice under subsection (e) hereof by personal service or ordinary mail. The notice shall state the date, time and place of the hearing, the name of the applicant, and the nature of the application. A hearing may be continued as needed to receive all testimony and evidence or for the purpose of deliberations and discussions.
(g) The following persons may appear at hearings as parties and be heard in person or by attorney:
(1) In appeal hearings: any party to the hearing before the Board or Commission; and any person who claimed a right but was not permitted to appear and be heard at the hearing before the Board or Commission, but only after Council determines that his/her exclusion was error.
(2) In all review hearings: any party to the last hearing held on the decision or order prior to the review hearing; and any person who claimed a right but was not permitted to appear and be heard at the last hearing prior to the review hearing, but only after Council determines that his/her exclusion was error;
(h) A person authorized to appear and be heard may:
(1) Present his or her position, arguments, and contentions;
(2) Offer and examine witnesses and present evidence in support of his or her position, arguments, and contentions;
(3) Cross-examine witnesses purporting to refute his or her position, arguments and contentions;
(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments and contentions;
(5) Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by Council.
(i) Hearings are open to the public but are not public hearings. Any witness offering testimony or presenting evidence at the hearing shall be placed under oath by the Mayor prior to offering testimony or evidence. In any hearing on a decision or order of the Board of Zoning and Building Appeals or Planning Commission, the Board or Commission shall be represented by the Law Director or such other counsel as determined appropriate by action of Council. All hearings shall be recorded by tape recorder or other electronic means. The Village Manager may have a hearing transcribed by court reporter.
(j) Following a hearing, Council may affirm, reverse, modify or remand for further proceedings the decision or order appealed from or under review. Following a hearing on a Development Plan, Council shall approve, approve with modifications, or disapprove the Plan, or may remand the application to the Planning Commission with instructions for further review under Section 1171.04
(a).
(k) Council shall make a decision not later than the next regularly scheduled Council meeting following the conclusion of its hearing. Within forty-five days, it shall formalize its decision in writing, including in the decision findings and conclusions of fact. The Village Clerk shall serve the decision upon all parties to the hearing and all persons who claimed a right but were not permitted to appear as parties to the hearing by personal service or ordinary mail.
(l) The date of service of the Clerk shall represent the commencement of the time for further appeal in all cases, except those in which Council approves a Development Plan, with or without modifications.
(m) If Council approves a Development Plan, with or without modifications, it shall formalize its approval by Ordinance, as set forth in Article III
of the Charter of the Village of Granville. The effective date of such ordinances shall represent the commencement of the time for appeal of the decision.
(Ord. 11-2012. Passed 7-18-12.)