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In any matter where a rule, regulation, order or decision of the Civil Service Commission conflicts with any provision of the laws, rules or regulations of the State of Ohio, the rule, regulation, order or decision of the Maple Heights Civil Service Commission shall prevail over and render null and void the State provision with respect to the City of Maple Heights. (Adopted November 8, 1955; Amended November 7, 2017)
There is hereby established a Planning & Zoning Commission, which shall consist of five (5) members, holding no other elected or appointed office within the City, who shall be appointed by the majority of the members of City Council. The City Council shall appoint members of the Planning & Zoning Commission to terms of five (5) years that shall be staggered such that one (1) appointment will be made annually with each term commencing on June 1st. The City Council shall appoint a member to the Planning & Zoning Commission to complete an unexpired or shortened terms when a vacancy occurs. A chairperson shall be elected annually by the members of the Planning & Zoning Commission. The chairperson shall have the powers and duties conferred by them by ordinance and/or by the rules established by the members of the Planning & Zoning Commission. The City shall provide all necessary and reasonable resources to assist the Planning & Zoning Commission in the performance of its duties. The various department directors and/or their designees shall act as advisors to the Planning & Zoning Commission and shall attend all meetings as necessary to assist it in the performance of its duties, but shall have no voting authority. Any member of the Planning & Zoning Commission may be removed by a two-thirds (2/3) vote of the full elected voting members of City Council.
(Adopted November 4, 1969; Amended November 5, 1996; Amended November 7, 2006)
The Planning & Zoning Commission shall act as the platting commissioners of the Municipality, shall serve as an advisory authority to City Council on matters pertaining to planning, zoning and building ordinances and shall have the powers and duties conferred upon it by the Codified ordinances of the City of Maple Heights. The Planning & Zoning Commission may, by rule, establish procedures for considering matters coming before it, to the extent they are not inconsistent with the Charter or the Codified Ordinances of the City. The Planning & Zoning Commission shall decide variances from the strict letter of the Zoning Code in instances of unnecessary hardship, but not to alter provisions of the zoning code or to change district boundaries of the zoning map, which will be the functions of City Council only. Council may, by resolution, overrule a decision of the Planning & Zoning Commission within 45 days after the decision is rendered. Council may, by ordinance, establish rules and procedures for considering and reviewing decisions of the Planning & Zoning Commission.
(Adopted November 8, 1955; Amended November 7, 2006; Amended August 14, 2012)
Except by a three-quarters (3/4) vote of the full number of elected voting members of City Council specifically waiving the requirement, no public building, street, boulevard, parkway, park, public land, playground, bridge, tunnel, or publicly or privately owned utility or part thereof shall be constructed or authorized to be constructed in the City, nor purchased, nor sold, nor shall any street, avenue, parkway, boulevard or alley be widened, narrowed, relocated, vacated, or its used changed or any ordinance referring to planning, zoning or other regulations controlling the use or development of land be passed, nor become binding upon the City, unless and until City Council shall submit the same to the Planning & Zoning Commission for report and recommendation. Any matter so referred to the Planning & Zoning Commission shall be acted upon by it within sixty (60) days from the date of referral unless a longer time is established by City Council. If the Planning & Zoning Commission fails to act within the time allowed, it shall be deemed to have approved such matter. Any provision of any ordinance, resolution, or order disapproved or recommended for amendment by formal action of the Planning & Zoning Commission shall require a concurrence of a two-thirds (2/3) vote of the full number of elected voting members of City Council for adoption or authorization.
(Amended November 7, 2006)
The Planning & Zoning Commission may make a recommendation to the City Council for the establishment, repeal or amendment of any planning, zoning, and building ordinance or any other ordinance where City Council has conferred jurisdiction. City Council shall study each recommendation and place legislation that covers the recommendation on its agenda for a first reading within ninety (90) days of the Planning & Zoning Commission's action. Except by a three-quarters (3/4) vote of the full number of elected voting members of City Council specifically waiving the requirement, the proposed legislation shall be referred back to the Planning & Zoning Commission for its review. Final action shall be taken by City Council of the Planning Commission's recommendation by placing the legislation as reviewed and amended on the City Council's agenda for a third and final reading within sixty (60) days of the first reading.
The effective date of this Charter Amendment upon passage shall be June 1, 2007.
(Amended November 7, 2006)
(EDITOR'S NOTE: The Council District descriptions contained herein were established by Ordinance 1992-114, passed August 12, 1992, pursuant to Article XVII, Section 3, of this Charter.)
The following descriptions for each district are adopted for the seven councilmanic districts of the City of Maple Heights.
District 1. District 1 shall comprise that section of the City of Maple Heights described as follows: Beginning at the westerly City boundary at the westerly prolongation of the northerly back property line of the parcels fronting Janice Road; thence easterly along the prolongation of the northerly back property line of the parcels fronting Janice Road to the centerline of Dunham Road; thence southerly along the centerline of Dunham Road to the centerline of Steinway Boulevard; thence easterly along the centerline of Steinway Boulevard to the centerline of Lee Road; thence southerly and westerly along the City boundary to the centerline of Dunham Road; thence southerly, westerly and northerly along the City boundary to the place of beginning.
District 2. District 2 shall comprise that section of the City of Maple Heights described as follows: Beginning at the westerly City boundary at the property line which is the continuation of the northerly right-of-way line of Brunswick Avenue; thence easterly along the property line to the centerline of East 141st Street; thence southerly along the centerline of East 141st Street to the rear property line of those parcels fronting the south side of Brunswick Avenue; thence easterly along the rear property line of those parcels fronting the south side of Brunswick Avenue to the centerline of Dunham Road; thence northerly along the centerline of Dunham Road to the southerly right-of-way of Fernway Drive; thence easterly along the southerly right-of-way line of Fernway Drive to the back property line of the parcels fronting Dunham Road; thence southerly along the back property lines of the parcels fronting Dunham Road to the intersecting back property lines of the parcels fronting Fernway Drive; thence easterly along the back property lines of the parcels fronting Fernway Drive and its easterly prolongation to the northeasterly line of the Railroad Mainline right-of-way; thence southeasterly along the northeasterly line of the Railroad Mainline right-of-way to an easterly City boundary; thence southerly and westerly along the City boundary to a point on the centerline of Lee Road; thence northerly along the centerline of Lee Road to the centerline of Steinway Boulevard; thence westerly along the centerline of Steinway Boulevard to the centerline of Dunham Road; thence northerly along the centerline of Dunham Road to the easterly prolongation of the northerly back property lines of the parcels fronting Janice Drive; thence westerly along the prolongation of the northerly back property lines fronting Janice Drive to the westerly City boundary; thence northerly along the westerly City boundary to the place of beginning.
District 3. District 3 shall comprise that portion of the City of Maple Heights described as follows: Beginning at the northwesterly City boundary corner; thence easterly along the northerly City boundary to its intersection of the prolongation of the centerline of Stanley Avenue; thence southerly on the centerline of Stanley Avenue to the centerline of Grant Avenue; thence easterly and southeasterly along the centerline of Grant Avenue to the centerline of Lee Road; thence southwesterly along the centerline of Lee Road to the centerline of Friend Avenue; thence southwesterly along the centerline of Friend Avenue to the centerline of Broadway Avenue; thence southeasterly along the centerline of Broadway to the centerline of Dunham Road (Bridge); thence southerly along the Dunham Road (Bridge) centerline to the northeasterly line of the Railroad Mainline right-of-way; thence southeasterly along the northeasterly line of the Railroad Mainline right-of-way to its easterly prolongation of the rear property line of those parcels fronting on the south side of Fernway Drive; thence westerly along the rear property line of those parcels fronting on the south side of Fernway Drive to the intersection of the rear property line of those parcel fronting the east side of Dunham Road; thence northerly along the rear property line of those parcels fronting the east side of Dunham Road to the south right-of-way line of Fernway Drive; thence westerly along the south right-of-way line of Fernway Drive to the centerline of Dunham Road; thence southerly along the centerline of Dunham Road to the rear property line of those parcels fronting the south side of Brunswick Avenue; thence westerly along the rear property line of those parcels fronting the south side of Brunswick Avenue to the centerline of East 141st Street; thence northerly along the centerline of East 141st Street to the westerly prolongation of Brunswick Avenue's northerly right-of-way line, which is also the easterly prolongation of a property line of a parcel fronting the west side of East 141st Street; thence westerly along the property line of a parcel fronting the west side of East 141st Street to the westerly City boundary; thence northerly along the westerly City boundary to the place of beginning.
District 4. District 4 shall comprise that portion of the City of Maple Heights described as follows: Beginning at the northerly City boundary at the intersection of the centerline of Stanley Avenue; thence easterly along the northerly City boundary to the intersection of the centerline of Camden Road; thence southerly along the centerline of Camden Road to the centerline of Nitra Avenue; thence westerly along the centerline of Nitra Avenue to the centerline of Homewood Avenue; thence southerly along the centerline of Homewood Avenue to the centerline of Libby Road; thence westerly along the centerline of Libby Road to its intersection on the prolongation of the rear property line of those parcels fronting on the easterly line of Lee Road; thence northerly along the rear property line of those parcels fronting on the easterly line of Lee Road to the centerline of Raymond Street; thence westerly along the centerline of Raymond Street to the centerline of Grant Avenue; thence northwesterly and westerly along the centerline of Grant Avenue to the centerline of Stanley Avenue; thence northerly along the centerline of Stanley Avenue to the place of beginning.
District 5. District 5 shall comprise that portion of the City of Maple Heights described as follows: Beginning at the intersection of the centerline of Lee Road and the centerline of Raymond Street; thence easterly along the centerline of Raymond Street to the intersection on the prolongation of the rear property lines of those parcels fronting Lee Road; thence southerly along the rear property lines of those parcels fronting Lee Road to the centerline of Libby Road; thence easterly along the centerline of Libby Road to the centerline of South Boulevard; thence southerly along the centerline of South Boulevard to the intersection on the prolongation of a southerly City boundary line; thence southerly, southwesterly and southerly along the City boundary to the intersection of the northeasterly line of the Railroad Mainline right-of-way; thence northwesterly along the northeasterly line of the Railroad Mainline right-of-way to the centerline of Dunham Road (Bridge); thence northeasterly along the centerline of Dunham Road (Bridge) to the centerline of Broadway; thence northwesterly along the centerline of Broadway to the centerline of Friend Avenue; thence northeasterly along the centerline of Friend Avenue to the centerline of Lee Road; thence northerly along the centerline of Lee Road to the place of beginning.
District 6. District 6 shall comprise that portion of the City of Maple Heights described as follows: Beginning at the northerly City boundary at the intersection of the centerline of Camden Road; thence easterly and southerly along the City boundary to the prolongation of the rear property line of those parcels fronting Kenyon Drive; thence westerly along the rear property line of those parcels fronting Kenyon Drive prolonged to intersect the centerline of Prayner Road; thence westerly and southwesterly along the rear property line of those parcels fronting Kenyon Drive from the intersection of the prolongation of the rear property line of those parcels fronting Kenyon Drive and Prayner Road to the intersection of the prolongation of the rear property line of those parcels fronting Kenyon Drive and the centerline of Gardenview Drive; thence southwesterly along the rear property line of those parcels fronting Kenyon Drive from the intersection on the prolongation of the rear property line of those parcels fronting Kenyon Drive and the centerline of Gardenview Drive to the intersection of the rear property line of those parcels fronting Kenyon Drive and the centerline of Mountville Drive; thence southeasterly along the centerline of Mountville Drive to the centerline of Kenyon Drive; thence southwesterly along the centerline of Kenyon Drive to the centerline of Libby Road; thence westerly along the centerline of Libby Road to the centerline of Homewood Avenue; thence northerly along the centerline of Homewood Avenue to the centerline of Nitra Avenue; thence easterly along the centerline of Nitra Avenue to the centerline of Camden Road; thence northerly along the centerline of Camden Road to the place of beginning.
District 7. District 7 shall comprise that portion of the City of Maple Heights described as follows: Beginning at the centerline of Libby Road and South Boulevard; thence easterly along the centerline of Libby Road to the centerline of Kenyon Drive; thence northeasterly along the centerline of Kenyon Drive to the centerline of Mountville Drive; thence northwesterly along the centerline of Mountville Drive to the prolongation of the rear property line of those parcels fronting Kenyon Drive; thence northeasterly along the rear property line of those parcels fronting Kenyon Drive from the intersection of the prolongation of the rear property line of those parcels fronting Kenyon Drive and the centerline of Mountville Drive to the intersection of the prolongation of the rear property line of those parcels fronting Kenyon Drive and the centerline of Gardenview Drive; thence northeasterly and easterly along the rear property line of those parcels fronting Kenyon Drive from the intersection on the prolongation of the rear property line of those parcels fronting Kenyon Drive and Gardenview Drive to the intersection of the prolongation of the rear property line of those parcels fronting Kenyon Drive and the centerline of Prayner Road; thence easterly along the rear property line of those parcels fronting Kenyon Drive from the intersection of the prolongation of the rear property line of those parcels fronting Kenyon Drive and the centerline of Prayner Road to the intersection of the prolongation of the rear property line of those parcels fronting Kenyon Drive and the most easterly City boundary; thence southerly along the most easterly City boundary to a southerly City boundary; thence westerly along a southerly City boundary to the centerline of South Boulevard; thence northerly along the centerline of South Boulevard to the place of beginning.
(Ord. 1992-114. Passed August 12, 1992)
The Council districts as set forth herein shall be established as of January 1, 1968, and shall be the districts from which members of Council are elected at the regular Municipal election in 1967, and thereafter. No member of Council presently serving in Council shall be removed or replaced by this amendment, but all members of Council in office at the effective date of this amendment shall continue to serve until their terms expire or end, pursuant to the provisions of this Charter. (Adopted November 8, 1966)
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