The Planning and Zoning Commission shall be appointed and shall have the powers conferred upon it as established in Article XVI of the Charter of the City of Maple Heights and as specifically established below:
A. Compensation. Salaries of the Planning & Zoning Commission shall be Seventy-Five Dollars ($75.00) per meeting held in which a quorum is present and business is conducted, not to exceed One Thousand Eight Hundred Dollars ($1,800.00) per year. The salary of the Chairperson shall be Eighty-Five Dollars ($85.00) per meeting held in which a quorum is present and business is conducted, not to exceed Two Thousand Forty Dollars ($2,040.00) per year. No member shall be entitled to compensation for a meeting in which that member was not in attendance.
B. Appointment of Members. The Clerk of Council shall notify all Council members at least sixty (60) calendar days and not more than ninety (90) calendar days before, that the term of a Planning and Zoning Commission member is about to expire. The Clerk of Council shall also advertise this notice in a newspaper of general circulation in the City of Maple Heights and shall cause this notice to be posted in the same manner as the posting of legislation. The notice shall indicate that all candidates interested in appointment to the position must submit their applications to the Council Clerk no later than thirty (30) calendar days before the current term expires. Council shall review all applications, schedule interviews as necessary and make the appointment within this thirty (30) calendar day time period.
C. Meetings.
1. Unless there is a lack of business, the Planning & Zoning Commission shall hold at least one (1) regular meeting per month and such other meetings as the Commission may deem necessary to conduct its business. The Planning & Zoning Commission shall annually establish and publish a calendar of regular meeting dates.
2. The Planning & Zoning Commission may establish rules necessary to conduct its business. In the absence of any rule the Planning & Zoning Commission shall be governed by the latest edition of Robert's Rules of Order. No rule established by the Planning & Zoning Commission shall be in conflict with the requirements of the Charter or the Ordinances of the City of Maple Heights.
3. The Planning and Zoning Commission shall consist of five (5) members. A quorum of the Planning & Zoning Commission shall consist of three (3) members and the concurring vote of three (3) members of the Planning & Zoning Commission shall be necessary to render a decision on a matter before it. Should the Commission fail to have its full membership present at a proceeding the applicant has the right to have the proceeding postponed until such time as the full membership is present. The Commission shall advise the applicant of this right prior to conducting the proceeding and the applicant must choose whether to invoke his or her right of postponement at the time of the Commission's advisory.
4. The Planning & Zoning Commission shall produce a record of its proceedings, recording the issues discussed, the comments of the participants, the vote of each member participating therein and the absence of a member or his or her failure to vote. Copies of said records shall be filed in the office of the Building Commissioner or his or her selected representative and shall be open to public inspection.
5. A secretary, appointed by City Council, shall be provided to the Planning & Zoning Commission to record and transcribe the proceedings of all its meetings and to perform all clerical duties necessary to conduct its business. Original minutes of the proceedings of the Planning & Zoning Commission shall be filed by the Clerk of Council.
6. Special conditions that may be prescribed by the Planning & Zoning Commission in its decisions shall be incorporated by the Chief Building Official, or his or her selected representative, on any certificate issued subsequently in accordance with such decisions.
7. The Planning & Zoning Commission shall have the authority to seek public comment and to use experts, professionals and officials provided by the City as it may find necessary in its deliberations and decisions. The Commission shall also have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony and seek the advice of legal counsel. After the review of the evidence pertinent to any issue referred to it for decision, the Commission may produce reports or issue findings that support its decisions.
D. Application Deadlines. No matter shall be considered by the Planning and Zoning Commission at any meeting unless an application with all required supporting documents is submitted to the Building Department prior to 4:00 p.m., fourteen (14) business days before the meeting, which provides at least one (1) week for review and ten (10) calendar days for advertisements. No exception to this requirement will be permitted without the approval of the Council member from the district wherein the subject property or subject matter exists and the Building Commissioner. If it is a Citywide matter, no exceptions to this requirement will be permitted without the approval of the President of Council and the Building Commissioner.
E. Zoning Code Appeals.
1. The Planning and Zoning Commission shall hear appeals on decisions made by the Chief Building Official or his or her selected representative, or by any administrative officer, in matters relating to this Zoning Code, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits, and may then decide appeals by either reversing, affirming wholly or in part, or modifying such order, requirement, decision or determination.
2. The Planning and Zoning Commission shall also decide all matters specifically referred to it for decision in Sections of the Zoning Code.
3. No appeal shall be entertained by the Planning and Zoning Commission unless:
a. Formal action has been taken by the Chief Building Official or his or her selected representative to refer the case to the Planning and Zoning Commission.
b. Within ten (10) business days of such referral by the Building Official, or his or her selected representative, an application for appeal has been filed by the applicant in the office of the Chief Building Official or his or her selected representative.
c. The application for appeal includes references to the decision or section of this Zoning Code from which appeal is sought, together with all necessary data in accordance with the form provided.
d. A fee as established by ordinance or resolution is paid.
4. An order may be reversed or modified by the Board Commission if it finds:
a. The order is contrary to a provision of this Code.
b. The order is contrary to a fair interpretation or application of this Code.
c. A variance from the provisions of this Code, in a specific case, will not be contrary to the public interest where literal enforcement of this Code will result in unnecessary hardship.
5. If an appeal of a decision of the Chief Building Official or his or her representative is received by the Building Department at least fourteen (14) business days before a regularly scheduled meeting, the appeal shall be placed on the agenda of the next Planning and Zoning Commission meeting.
6. Before making a decision, the Planning and Zoning Commission shall hold a public hearing or hearings and notify the applicant of the date and time of such hearing on all appeals for a variance to this Zoning Code.
a. For purposes of conducting hearings, the Commission may require the attendance of witnesses and the production of records and papers, and may take depositions of witnesses in accordance with Ohio R.C. 119.09.
b. Testimony shall be under oath. A mechanical record of testimony and other evidence submitted shall be taken at the expense of the Commission.
c. At the discretion of the Chief Building Official, notices of the time and place of the hearing shall be posted on the affected property of the owners of record as they appear in the current records of the County Recorder. In all cases, the notices shall also be published ten (10) business days prior to the Public Hearing in a newspaper of general circulation in the Municipality.
7. The applicant must be present at the Public Hearing and the Public meeting to be considered for an appeal. The Commission shall render its decision within sixty (60) days after the conclusion of the public hearing. Failure to act within sixty (60) days shall be considered approval. The Commission may postpone or continue any hearing or case on its own motion or upon the application of any party.
8. The concurring vote of three (3) members of the Commission shall be necessary to reverse, affirm or modify, in whole or in part, the order, interpretation, requirement, direction or failure to act, which is the subject matter of the appeal.
9. Following a denial of an appeal regarding decisions made by the Chief Building Official, or his or her selected representative, or by any administrative officer, in matters relating to the Zoning Code, the Chairman of the Commission shall inform the applicant of his or her right to appeal to Council.
F. Over Ruling Decision. Council has the authority to review and overrule any decision of the Planning & Zoning Commission, by ordinance or resolution, passed by two-thirds (2/3) vote of the members elected to Council within forty-five (45) business days of the date of the decision, provided that a Council member or the applicant notifies the Secretary to the Planning & Zoning Commission and the Chief Building Official of his or her objection in writing within five (5) business days of the date of the decision of the Planning & Zoning Commission. The decision of Council in such matters is final and shall not be subject to appeal except to a court of competent jurisdiction in conformance with state and federal law.
G. References to Planning Commission or Board of Zoning Appeals. Where elsewhere in these Codified Ordinances reference is made to either the Planning Commission or the Board of Zoning Appeals, it shall be construed as reference to the Planning and Zoning Commission.
(Ord. 2000-128. Passed 12-6-00; Ord. 2005-005. Passed 1-19-05; Ord. 2006-010. Passed 1-18-06; Ord. 2007-30. Passed 5-2-07; Ord. 2008-131. Passed 1-21-09; Ord. 2011-10. Passed 2-2-11; Ord. 2013-68. Passed 10-16-13.)