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The formulation, administration and enforcement of this Zoning Code is hereby vested in the following officers and bodies within the City Government:
(a) The Zoning Administrator;
(b) The Planning Commission;
(c) The Board of Zoning Appeals;
(d) Council; and
(e) The Law Director.
(Ord. 186-91. Passed 10-15-92.)
(a) Appointment; Administration and Enforcement of Code. A Zoning Administrator shall be designated by the Safety-Service Director and approved by Council and shall administer and enforce this Zoning Code. The Zoning Administrator may be provided with the assistance of other persons, as the Safety-Service Director may direct.
(b) Duties. The Zoning Administrator shall have the following duties:
(1) Enforce the provisions of this Zoning Code and interpret the meaning and application of its provisions.
(2) Respond to questions regarding applications for amendments to the Zoning Code text and/or the Official Zoning Map.
(3) As required by this Zoning Code, issue zoning and other permits, plus occupancy and other certificates, and keep records of them, with a notation of any special conditions involved.
(4) Act on all applications within the specified time or notify the applicant, in writing, of the refusal or disapproval of such application and the reasons for the refusal or disapproval. Failure to notify the applicant (in case of such refusal or disapproval) within the specified time shall enable the applicant to submit the request to the Board of Zoning Appeals.
(5) Maintain the Official Zoning Map in current status, which Map shall be kept on permanent public display in the City offices.
(6) Maintain permanent and current records required by this Zoning Code, including zoning permits, occupancy certificates, inspection documents and records of all variances, amendments, conditional uses and special uses.
(7) Make such records available for the use of Council, the Planning Commission, the Board of Zoning Appeals and the public.
(8) Review and approve site plans pursuant to this Zoning Code.
(9) Make evaluations and/or conduct inspections to determine the existence of any violations of this Zoning Code and issue such notifications, revocation notices, stop orders or tickets, or initiate such other administrative or legal action, as needed to address such violations.
(10) Prepare and submit an annual report to Council, the Planning Commission and the Board of Zoning Appeals on the administration of this Zoning Code, as may be of interest and value in advancing and furthering the purposes of this Zoning Code. Such report shall include recommendations concerning the schedule of fees and needed amendments to the text of this Zoning Code or to the Official Zoning Map.
(11) Provide advice, at the request of Council, the Planning Commission and/or the Board of Zoning Appeals.
(12) Should the Zoning Administrator use Section 1268.02(e) in applying a sign standard, the Zoning Administrator shall serve a written notice that a special action was taken. The notice shall contain the applicant's name and property address, shall identify the zoning district that lacked sign regulations, shall identify the action taken and the date of such action. The Zoning Administrator shall send such notice within fourteen days of such action to the Safety-Service Director, Chairperson of the Planning Commission, Chairperson of the Board of Zoning Appeals and the Law Director.
(Ord. 186-91. Passed 10-15-92; Ord. 180-11. Passed 11-17-11.)
(a) Appointment and Organization; Removals. The Planning Commission shall be composed of five members who reside in the incorporated area of the City and should include the Mayor, the Safety-Service Director and three citizens to be appointed by the Mayor. The terms of the citizen members shall be six years, with the initial terms so arranged that the term of one member shall expire every two years. After a member's term expires, the member shall serve until a successor is appointed by the Mayor and approved by Council.
Members of the Planning Commission shall be removable by the Mayor for nonperformance of duty, misconduct in office or other reasonable cause, upon written charges and after a public hearing (if requested) has been held regarding such charges. A copy of the charges shall have been served upon the member so charged at least ten days prior to the hearing, whether personally, by registered mail or by leaving the charges at the member's place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by appointment by the Mayor and shall be for the unexpired term.
(b) Proceedings. The Planning Commission shall adopt rules that are necessary to the conduct of its affairs, in keeping with the provisions of this Zoning Code. The presence of three members shall constitute a quorum. The Planning Commission cannot pass recommendations unless it does so by a majority of the members of the Planning Commission, whether present or not. Planning Commission meetings shall be held at the call of the Chairperson and at such times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question (or, if absent or failing to vote, indicating such fact), and shall keep records of its examinations and other official actions. All of such minutes and records shall be a public record and shall be filed immediately in the office of the Planning Commission.
(c) Duties. The Planning Commission shall have the following duties:
(1) Recommend to Council suggested changes to the Official Zoning Map and/or to the text of this Zoning Code.
(2) Review all proposed amendments to the text of this Zoning Code and to the Official Zoning Map and make recommendations to Council.
(3) Review all planned unit development applications, review all applications for conditional use permits in planned unit development districts, review all applications for variances in planned unit development districts and make recommendations to Council.
(4) Review all special uses, as identified in the respective zoning districts, according to provisions and criteria stated in this Zoning Code.
(5) Recommend to Council the temporary zoning of land annexed to the City.
(6) Recommend to Council a substantially similar use determination for an unlisted use.
(Ord. 186-91. Passed 10-15-92; Ord. 170-11. Passed 10-6-11.)
(a) Membership; Removals; Vacancies. The Board of Zoning Appeals shall be composed of five members who reside in the incorporated area of the City and who shall be appointed by the Mayor. The term of all members shall be five years, with the initial terms so arranged that the term of one member shall expire each year. After a member's term expires, the member shall serve until a successor is appointed by the Mayor and approved by Council.
Members of the Board shall be removable by the Mayor for nonperformance of duty, misconduct in office or other reasonable cause, upon written charges and after a public hearing (if requested) has been held regarding such charges. A copy of the charges shall be served upon the member so charged at least ten days prior to the hearing, whether personally, by registered mail or by leaving the charges at the member's place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by appointment by the Mayor and shall be for the unexpired term.
(b) Proceedings. The Board shall adopt rules that are necessary to the conduct of its affairs, in keeping with the provisions of this Zoning Code. The presence of three members shall constitute a quorum.
Board meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson (or, in his or her absence, the acting Chairperson) may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question (or, if absent or failing to vote, indicating that fact), and shall keep records of its examinations and other official actions, all of which shall be a public record and shall be immediately filed in the office of the Board.
The Board shall act by resolution, and the concurring vote of three members of the Board shall be necessary to reverse the order or determination of the Zoning Administrator, in order to decide in favor of the applicant in any matter over which the Board has original jurisdiction under this Zoning Code or in order to grant any variance from the requirements of this Zoning Code.
(c) Duties. The Board shall have the following duties:
(1) Hear and decide appeals, where it is alleged that there is an error in any order, requirement, decision, interpretation and/or determination made by the Zoning Administrator.
(2) Authorize such variances from the terms of this Zoning Code, as provided in accordance with Chapter 1244, in all zoning districts except Planned Unit Development districts.
(3) Authorize the issuance of conditional use permits in all districts except Planned Unit Development districts, when the requirements of this Zoning Code are met.
(4) Authorize the revocation of a conditional use permit, when the requirements of this Zoning Code are violated.
(5) Resolve disputes about the exact location of zoning district boundaries.
(6) Authorize the substitution of nonconforming uses, as provided by this Zoning Code.
(Ord. 186-91. Passed 10-15-92; Ord. 170-11. Passed 10-6-11.)
(a) Composition; Term of Office. There are hereby established one or more Citizen Advisory Committees for Industrial Development. Each Committee shall consist of five members. One member shall be appointed by the Mayor, one by the President of Council, one by the Councilmember in whose ward the project will be located, and two additional members by the three appointees. Members shall be selected on the basis of their having personal residences and/or businesses located within one-half mile of any proposed industrial development, including an expansion of existing industry. Such members' residences or businesses shall not necessarily be located in the City. Persons from contiguous townships within one-half mile of any proposed development shall be eligible for membership on such a Committee.
The term of office for each member shall be one year.
(b) Organization; Procedure. Each Committee shall be organized on an ad hoc basis for rendering advisory opinions on industrial development in the committee's geographic area. Each Committee shall select its Chairperson, adopt its own rules of procedure and proceed with its investigation in whatever manner it deems proper.
(c) General Powers. The function of each Committee shall be to review applications submitted to the Zoning Administrator with regard to any use on M-1 District lands or in a PUD District with M-1 District-type land uses, which fall within the geographic area of the Committee. The Committee shall conduct such investigations as it deems necessary to determine whether or not the proposed industrial project meets with the transportation, air quality, sewage, water and/or storm water capabilities; whether or not it generates excessive noise, heat, light and/or glare; and whether or not the nature of the proposed usage is, on balance, detrimental to the residents of such area. After making such determinations, the Committee shall submit a report and a recommendation to the Commission and/or the Board, which the Commission and/or Board may consider together with other evidence.
(Ord. 186-91. Passed 10-15-92.)
It is the intent of this Zoning Code that all questions of interpretation and enforcement shall be presented first to the Zoning Administrator, that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning Administrator and that recourse from the decisions of the Board shall be to the courts, as provided by law.
It is also the intent of this Zoning Code that the duties of Council, in connection with this Zoning Code, shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this Zoning Code.
Under this Zoning Code, Council shall have the authority only to establish and amend a schedule of fees, as set forth in Section 1242.08.
Nothing in this Zoning Code shall be interpreted to prevent any official of the City from appealing a decision of the Board of Zoning Appeals to the courts, as provided in the Ohio Revised Code. Any such appeal shall be made within ten days of the Board's written decision.
(Ord. 186-91. Passed 10-15-92.)
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