(A) Authority. The Planning Commission shall be responsible for reviewing applications for development of or improvements to permissible structures as well as expansion and alterations to existing structures in the shore district to determine if they are in accordance with the provisions of this division.
(B) Project review procedure. Applications for development and improvements as well as expansion and alterations shall be made as follows:
(1) All applications made to the Planning Commission pursuant to this chapter shall be in writing and on forms prescribed therefor. Every application shall refer to the specified provisions of this chapter and shall exactly set forth the interpretation that is claimed, the use for which the permit is sought and the grounds on which it may be granted. All applications shall include a fee which shall be established by Council from time to time. In the event the Planning Commission will find it necessary to draw upon any planning, legal, engineering, or other expert testimony, such fee shall be paid by the applicant in order to cover all expenses of such expert testimony.
(2) When an application has been filed in proper form with the Planning Commission, the secretary shall immediately place the application upon the agenda for the next meeting of the Planning Commission, if notices for said application can be sent out in a timely manner. Said notices shall state the date, time, and place of the meeting in which the application will be considered, and shall be served personally or by mail addressed to the parties making the application, at least 30 days prior to the date of the scheduled meeting. All notices shall be sent to addresses given in the last assessment roll, and shall be posted five places in the village. The Commission may recess such meetings from time to time, and, if the time and place of the continued meeting be publicly announced at the time of adjournment, no further notice shall be required.
(3) Not less than 30 days prior to the date set for the meeting at which the application is to be considered by the Planning Commission, written notice of such meeting shall be caused by the Commission to be given by mail to any person, firm or corporation owning premises located within 500 feet of the land to which such application relates. The Commission shall approve, modify, or disapprove said application within 45 days after date of the meeting at which the application is considered except that such time may be extended by mutual consent or if necessary due to expert testimony.
(4) The above procedure shall be utilized except as it relates to the following projects:
(a) When the project under review is subject to the issuance of a Submerged Lands Lease from the Ohio Department of Natural Resources Submerged Lands Coordinator and/or a Section 10 and/or Section 404 permit from the Army Corps of Engineers, a copy of the appropriate permit applications(s) shall be filed with the local application.
(b) Upon receipt of the local application, the Zoning Inspector shall send a notification of the project application to all property owners within 500 feet of the project advising them of the application and their right to request a public hearing with the Planning Commission within 30 calendar days of the date of application.
(c) 1. When the project requires a Submerged Lands Lease, the Village Council must issue a resolution approving the proposed application provided the project complies with local permissible land uses pursuant to R.C. § 1506.11(B). This resolution must be sent to the Submerged Lands Coordinator and must describe the project area in metes and bounds, and state that the submerged land is not necessary or required by the village for the construction, maintenance or operation of structures in aid of navigation or water commerce.
2. The resolution must also state that the land uses specified in the application comply with the regulations of permissible land uses under the Village Master Plan and this Zoning Code. The resolution shall be issued within 90 calendar days from the date the application is approved by the Planning Commission.
(d) When a Submerged Lands Lease is required, a zoning certificate shall be issued after a copy of the lease is received by the Planning Commission.
(e) When Section 10 and Section 404 permits are also required for the project, the Zoning Inspector shall not issue the zoning certificate for the project until the required permits are secured by the applicant and copies of the same are provided to the Zoning Inspector.
(Ord. 591, passed 4-25-92; Am. Ord. 1998-O-31, passed 7-9-98)