(a) City Council. In addition to any other authority granted to City Council by charter, ordinance, or State law, City Council shall have the following powers and duties, as it relates to this code.
(1) Appoint members to the Planning and Zoning Commission, Historic Commission, and the Board of Zoning Appeals, in accordance with the charter and this code;
(2) Initiate, hear, review, and make decisions related to amendments to the text of this code, the zoning map, or planned developments;
(3) Review and accept, where appropriate, any proposed dedication of street, utilities, other public improvements, financial guarantees in lieu of construction of those public improvements, and maintenance bonds as may be required by these regulations;
(4) Establish fees for development review and permits; and
(5) Perform any other duties related to the administration and enforcement of this code as authorized by the charter, this code, and the Ohio Revised Code.
(b) Planning Commission.
(1) Establishment.
A. The Middletown Planning Commission is hereby established by City Council.
B. The Middletown Planning Commission may be hereafter referred to as the "Planning Commission."
(2) Membership. The Planning Commission shall be comprised of nine members as follows:
A. The City Council shall appoint six voting members of the Planning Commission who shall each be a citizen of the United States and a resident of the City.
B. One additional voting member shall be appointed by the Board of Education for the Middletown City School District.
C. In addition to the seven voting members, there shall be the following two additional members who shall not vote on any matters before the Planning Commission:
1. One member of City Council, as designated by Council; and
2. The Development Code Administrator or other staff member as may be appointed by City Council.
D. Each member shall serve four-year terms. The terms of existing members shall continue until expiration.
E. Any such member of the Planning Commission may serve on other administrative boards of the City, if such other office is not incompatible with membership on the Planning Commission.
F. Members of the Planning Commission may be removed for misfeasance, malfeasance, or nonfeasance by City Council.
G. A vacancy occurring during the term of any member of the Planning Commission shall be filled, by appointment from City Council or Board of Education, as applicable, for the unexpired term in a manner authorized for the original appointment.
(3) Roles and powers of the Planning Commission. The Planning Commission shall have the following roles and powers to:
A. Consider all questions relating to the City's planning policies;
B. Advise on all matters involving acquisition or disposal of public real estate;
C. Advise in the preparation of a budget for capital improvements and recommend the priority of acquisition of such improvements;
D. Initiate, hear, review, and make recommendations to City Council related to amendments to the text of this code, the zoning map, or PD plans and related zoning map amendments;
E. Hear, review, and make decisions related to the PD final development plans;
F. Hear, review, and make decisions on conditional uses in the respective zoning district;
G. Hear, review and make decisions on alternative equivalent review applications on standards except for historic preservation standards;
H. Hear, review, and decide on any proposed amendments to previously approved planned use modification approvals and documents;
I. Review and make decisions on minor subdivisions when such application is forwarded to the Planning Commission by the Development Code Administrator;
J. Review and make decisions on the preliminary plat, construction drawings, and final plats of major subdivisions;
K. Review and make decisions on requests for subdivision modifications; and
L. Perform any other duties related to the administration and enforcement of this code as authorized by the charter and this code.
(4) Bylaws, rules, and regulations. The Planning Commission shall, by a majority vote of its entire membership, adopt bylaws, rules, or regulations for the governance of Planning Commission activities provided they are consistent with the charter or with any other ordinances of the City.
(5) Meetings.
A. The Planning Commission shall hold such meetings as it may require for conducting its business.
B. The Development Code Administrator or staff appointee to the Planning Commission shall serve as secretary of the Planning Commission.
C. The Planning Commission shall elect a Chairperson and a Vice-Chairperson from among the members of the Planning Commission at the Commission's first meeting of the year. During the temporary absence of the Chairperson, the Vice-Chairperson shall fulfill the duties of the Chairperson. If both the Chairperson and Vice-Chairperson are absent, a member of the Planning Commission may make a motion to appoint an acting Chairperson for that meeting.
D. All meetings shall be open to the public, except as exempted by law.
(6) Quorums and decisions.
A. Any combination of four or more regular voting members of the Planning Commission shall constitute a quorum.
B. The Planning Commission shall act when at least four voting members concur.
C. Non-decision items, such as continuance or approval of minutes, shall require a majority of the quorum to concur.
D. The Planning Commission may be required to make an annual report and such other reports as may be requested by City Council.
(c) Historic Commission.
(1) Establishment.
A. The Middletown Historic Commission is hereby established by City Council.
B. The Middletown Historic Commission may be hereafter referred to as the "Historic Commission."
(2) Membership.
A. The Historic Commission shall be comprised of seven members, all of whom shall be residents of the City and appointed to the Historic Commission by City Council.
B. All members shall have, to the greatest extent practical, interest and proficiency in historic preservation, reconstruction, rehabilitation and restoration. Every attempt shall be made to include the following areas of expertise in the appointment of members:
1. A registered architect;
2. A professional landscape architect, historian, archaeologist, or city planner;
3. A person whose education and experience qualify him or her in building construction;
4. A member of the Middletown Historical Society;
5. One elector who neither resides nor owns property in a designated historic district or a zoning district which requires approval of City Council for alterations and/or modifications;
6. One elector from each historic district or zoning district which requires approval of this City Council for alterations and/or modifications, who shall reside or own property in such district;
7. An attorney; and
8. A member of the Planning Commission.
C. All members shall have, to the greatest extent practical, interest and proficiency in historic preservation, reconstruction, rehabilitation and restoration and a determination to work for the overall improvement of the quality of the physical environment of the City.
D. Each member shall serve four-year terms. Terms shall be staggered so as no more than two members are up for appointment each year. The terms of existing members shall continue until expiration.
E. Any such member of the Historic Commission may serve on other administrative boards of the City, if such other office is not incompatible with membership on the Historic Commission.
F. Members of the Historic Commission may be removed for misfeasance, malfeasance, or nonfeasance by City Council.
G. A vacancy occurring during the term of any member of the Historic Commission shall be filled, by appointment from City Council for the unexpired term in a manner authorized for the original appointment.
(3) Roles and powers of the Historic Commission. The Historic Commission shall have the following roles and powers to:
A. Conduct a continuous survey of all areas, places, structures, works of art, or similar objects in the City which the Historic Commission has reason to believe are or will be eligible for designation as historic sites, landmarks or districts according to guidelines established by the State Historic Preservation Office;
B. Make recommendations for designation of landmarks and historic districts to the City Council;
C. Establish and implement written guidelines for the conservation of designated local landmarks and historic districts;
D. Act in an advisory role to other officials and departments of local government regarding the protection of local cultural resources;
E. Act as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation;
F. Work for the continuing education of the residents of the City in regard to the archaeological, historical, and architectural heritage of the City and the historic sites and historic districts designated under the provisions of this chapter;
G. Conduct or encourage members to attend training/educational sessions at least once a year, or in-depth consultation with the State Historic Preservation Office, pertaining to work and functions of the Commission or on specific historic preservation issues;
H. Provide a public forum for the review of nominations of areas, places, structures, works of art, landmarks or similar objects within the City to the National Register of Historic Places of the U.S. Department of the Interior. Review shall include the relationship of the proposed nomination to the Historic Preservation Plan of the City and any other consideration which may be relevant to the proposed nomination. Such nominations may be generated from the Historic Commission or from any other source;
I. Adopt and periodically modify the Historic Preservation Plan as the general policy for designation of historic landmarks and historic districts and for the issuance or denial of certificates of appropriateness;
J. Hear, review, and make decisions on alternative equivalent review applications related to the historic preservation standards;
K. Review and make decisions on certain certificates of appropriateness; and
L. Perform any other duties related to the administration and enforcement of this code as authorized by the charter and this code; and
M. Undertake additional responsibilities upon mutual written agreement between the State Historic Preservation Office and the City.
N. Seek outside guidance, expertise, or assistance for commission decisions.
(4) Bylaws, rules, and regulations. The Historic Commission shall, by a majority vote of its entire membership, adopt bylaws, rules, or regulations for the governance of Historic Commission activities provided they are consistent with the charter and with any other ordinances of the City.
(5) Meetings.
A. Rules of procedure shall be established and made public. At least four meetings must be held every year at regular intervals. All meetings of the Commission shall be held in an accessible public place.
B. All decisions must be made at public meetings. Applicants must be notified of meetings and advised of decisions in writing.
C. No Commission member shall take part in the hearing, consideration, determination, or vote of any case in which the member is involved or has a financial interest.
D. Planning Director or their designate will serve as Secretary to the Commission and will keep minutes of all meetings. The Secretary shall keep, or cause to be kept, a complete record of all decisions and actions of the Commission. In addition, the Secretary shall prepare an annual report of Commission activities, cases, decisions, special projects, and qualifications of its members.
E. All minutes and annual reports will be kept on file at the Planning Department and available for public inspection subject to the City's public records retention schedule.
F. The Historic Commission shall hold such meetings as it may require for conducting its business.
G. The Historic Commission shall elect a Chairperson and a Vice-Chairperson from among the members of the Historic Commission at the Commission's first meeting of the year. During the temporary absence of the Chairperson, the Vice-Chairperson shall fulfill the duties of the Chairperson. If both the Chairperson and Vice-Chairperson are absent, a member of the Historic Commission may make a motion to appoint an acting Chairperson for that meeting.
H. All meetings shall be open to the public, except as exempted by law.
(6) Quorums and decisions.
A. Any combination of four or more members of the Historic Commission shall constitute a quorum.
B. The Historic Commission shall act when at least four members concur. Non-decision items, such as continuance or approval of minutes, shall require a majority of the quorum to concur.
C. The Historic Commission may be required to make an annual report and such other reports as may be requested by City Council.
(d) Architectural Review Board.
(1) Establishment.
A. The Middletown Architectural Review Board is hereby established by City Council.
B. The Middletown Architectural Review Board may be hereafter referred to as the "Architectural Review Board" or the "ARB."
(2) Membership.
A. The ARB shall be comprised of three members that shall include one member of City Council and two members of Planning Commission. The members shall be selected by their respective board.
B. Each member shall serve four-year terms or until the expiration of their term on their respective board. Terms shall be staggered so as one member is up for appointment each year. The terms of existing members shall continue until expiration.
C. Each member shall name one alternate, from the same body as that from which the member was appointed, who shall attend meetings of the ARB and vote in their absence.
D. A vacancy occurring during the term of any member of the ARB shall be filled by appointment of a new board member from the respective boards and shall be for the unexpired term in a manner authorized for the original appointment.
(3) Roles and powers of the ARB. The ARB shall have the following roles and powers to:
A. Review and make decisions on the architectural and landscaping standards that apply to developments in cases where the Development Code Administrator determines that the plans and elevations do not meet the standards of § 1210.03.
B. Perform any other duties related to the administration and enforcement of this code as authorized by the charter and this code.
(4) Bylaws, rules, and regulations. The ARB shall, by a majority vote of its entire membership, adopt bylaws, rules, or regulations for the governance of ARB activities provided they are consistent with the charter and with any other ordinances of the City.
(5) Meetings.
A. The ARB shall hold such meetings as it may require for conducting its business.
B. The Development Code Administrator or staff appointee shall serve as secretary of the ARB.
C. The ARB shall elect a Chairperson from among the members of the ARB at the Board's first meeting of the year. If the Chairperson is absent, a member of the ARB may make a motion to appoint an acting Chairperson for that meeting.
D. All meetings shall be open to the public, except as exempted by law.
(6) Quorums and decisions.
A. Any combination of two or more regular or alternate members of the ARB shall constitute a quorum.
B. The ARB shall act when at least two voting members concur.
C. The ARB may be required to make an annual report and such other reports as may be requested by City Council.
(e) Board of Zoning Appeals (BZA).
(1) Establishment.
A. The Middletown Board of Zoning Appeals is hereby established by City Council.
B. The Middletown Board of Zoning Appeals may be hereafter referred to as the "Middletown Board of Zoning Appeals," "Board of Zoning Appeals," or "BZA."
(2) Membership.
A. The BZA shall be comprised of seven members, all of whom shall be residents of the City and appointed to the BZA by City Council. Every attempt shall be made to include the following areas of expertise in the appointment of members:
1. A member of the Planning Commission;
2. An attorney;
3. A registered architect or a builder;
4. A person engaged in the real estate business; and
5. The remaining members may be selected from any residents of the City.
B. Each member shall serve four-year terms except that the term of the member of the Planning Commission shall expire at the same time as their term on the Planning Commission. Terms shall be staggered so at least one member is up for appointment each year. The terms of existing members shall continue until expiration.
C. Any such member of the BZA may serve on other administrative boards of the City, if such other office is not incompatible with membership on the BZA.
D. Members of the BZA may be removed for misfeasance, malfeasance, or nonfeasance by City Council.
E. A vacancy occurring during the term of any member of the BZA shall be filled by appointment from City Council for the unexpired term in a manner authorized for the original appointment.
(3) Roles and powers of the BZA. The BZA shall have the following roles and powers to:
A. Hear, review, and decide on appeals of any administrative decision where it is alleged there is an error in any administrative order, requirement, decision, or determination made by the Development Code Administrator, Planning Commission, or Historic Commission, unless another appeals board is established by this code;
B. Hear, review, and decide on variance requests as established in § 1226.10; and
C. Perform any other duties related to the administration and enforcement of this code as authorized by the charter and this code.
(4) Bylaws, rules, and regulations.
A. The BZA may, by a majority vote of its entire membership, adopt bylaws for the governance and procedures of the BZA provided they are consistent with the charter and with any other ordinances of the City.
B. The privilege of cross-examination of witnesses shall be accorded all interested parties or their counsel in accordance with the rules of the BZA.
C. The Chairperson, or, in his or her absence, the Vice-Chairperson, shall administer oaths and compel the attendance of witnesses.
(5) Meetings.
A. The BZA shall hold such meetings as it may require for conducting its business.
B. The BZA shall elect a Chairperson and a Vice-Chairperson from among the members of the BZA at the board's first meeting of the year. During the temporary absence of the Chairperson, the Vice-Chairperson shall fulfill the duties of the Chairperson. If both the Chairperson and Vice-Chairperson are absent, a member of the BZA may make a motion to appoint an acting Chairperson for that meeting.
C. All meetings shall be open to the public, except as exempted by law.
D. The BZA shall act by resolution or motion and shall keep minutes of its proceedings, showing the vote of each member or if any member is absent or fails to vote, the facts of each application considered by the BZA, and, where applicable, the section of this code, under which the BZA has considered the application, petition or other matter brought before the BZA.
E. The BZA shall make and enter findings and conclusions which support all of its decision. The findings and conclusions shall set forth and demonstrate the manner in which the decision recommended carries out and helps to implement the goals and objectives of the master plan, the purpose of this code, and other official policies and objectives of the City, and that the granting of the request for which application is made will not be unreasonably incompatible with or detrimental to the affected properties and to the general public.
(6) Quorums and decisions.
A. Any combination of four or more members of the BZA shall constitute a quorum.
B. The BZA shall act when at least four members concur.
C. Non-decision items, such as continuance or approval of minutes, shall require a majority of the quorum to concur.
(f) Development Code Administrator.
(1) Appointment. The City Manager shall appoint a Development Code Administrator to administer and enforce the provisions of this code. The City Manager may also appoint additional staff to provide assistance to the Development Code Administrator.
(2) Roles and powers of the Development Code Administrator. The Development Code Administrator shall have the following roles and powers to:
A. Enforce the provisions of this code. All officials and employees of the City may assist the Development Code Administrator by reporting to the Development Code Administrator any new construction, reconstruction, land uses, or violations that are observed;
B. Review and prepare a staff report, as needed, for the various procedures where the Planning Commission, Historic Commission, ARB, BZA, or City Council reviews an application;
C. Serve as the secretary for any board where such role is required;
D. Review and make decisions on certificate of zoning compliance and administrative waiver applications;
E. Review and make decisions on certain certificates of appropriateness;
F. Review and make decisions on questions of interpretation related to this code;
G. Participate in any pre-application conferences as may be encouraged or required by this code;
H. Review and make decisions on minor subdivision applications;
I. Refer requests for appeals of decisions to the BZA pursuant to the procedures established in § 1226.13;
J. Maintain permanent and current records of all applications and the decisions related to those application;
K. Review, inspect property, and make decisions on compliance with the provisions of this code;
L. Investigate complaints and issue citations or other forms of enforcement and penalties for any violations and keep adequate records of all violations;
M. Order discontinuance of any illegal work being done;
N. Revoke a permit or approval issued contrary to this code or based on a false statement or misrepresentation on the application; and
O. Take any other action authorized by this code to ensure compliance with or to prevent violation(s) of this code.
(3) Decisions of the Development Code Administrator. A decision of the Development Code Administrator may be appealed to the BZA in accordance with § 1226.13 unless another appeals board is established by this code.
(g) City Engineer.
(1) Appointment. The City Manager shall appoint a City Engineer to administer and enforce the provisions of this code under the City Engineer's authority, where stated. The City Manager may also appoint additional staff to provide assistance to the City Engineer.
(2) Roles and powers of the City Engineer. In addition to any other authority granted to the City Engineer by charter, ordinance, or State law, the City Engineer shall have the following powers and duties related to these regulations:
A. Develop and recommend the City of Middletown Streets Master Plan, City of Middletown Manual of Design for Public Improvements, and other documents as may be approved by City Council related to subdivision improvement specifications;
B. Review and make comments or recommendations on any applications where the Development Code Administrator or a review board requests such feedback;
C. Review and make recommendations to the Planning Commission and City Council on major subdivision applications;
D. Maintain permanent and current records of all public improvements and construction drawings that are part of major subdivision applications;
E. Inspect, or cause to be inspected, all construction or installation work related to public improvements as required by this code; and
F. Take any other action authorized by this code to ensure compliance with or to prevent violation(s) of this code.
(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2019-104, passed 1-7-2020)