(a) Rules and Regulations. In exercising its powers in hearing appeals, the Planning Commission shall adopt from time to time such general rules and regulations as it may deem necessary to carry out its functions in hearing appeals.
(b) Hearings.
(1) Any party adversely affected by any order or action of an administrative decision by the Village Clerk, may appeal therefrom by filing a notice of appeal with the Village Planning Commission, setting forth the order or decision appealed from and the grounds of his appeal. Such notice of appeal shall be filed within fifteen days after the issuance of the order or decision made and issued by the Clerk, except in case of any order or decision made and issued by the Village Clerk prior to the adoption of this chapter, in which case fifteen days shall begin to run from the time of service of these rules and regulations upon the parties affected by such administrative decision, by publication in The Putnam County Sentinel.
(2) The filing of a notice of appeal shall not automatically operate as a suspension of the order or decision of the Village Clerk. If it appears to the Planning Commission that an unusual hardship to the appellant shall result from the execution of the Village Clerk's order or decision pending determination of the appeal, the Planning Commission may grant a suspension and fix its terms.
(3) Within twenty days after the receipt of the notice of appeal from an order or decision in any case the Village Clerk shall prepare and certify to the Planning Commission a complete record of the proceedings in the case. Failure of the Village Clerk to comply within the time allowed shall, upon motion, cause the Planning Commission to enter a finding in favor of the party adversely affected. Additional time, however, may be granted by the Planning Commission, not to exceed ten days, when it is shown that the Clerk has made substantial effort to comply. Such records shall be prepared and transcribed, and the expense thereof shall be taxed as part of the cost on the appeal. The appellant shall provide security for cost satisfactory to the Planning Commission. Upon demand by any interested party, the Planning Commission shall furnish, at the cost of the party requesting it, a copy of the stenographic report of testimony offered, if any, and evidence at any hearing, and a copy of the complete record.
(4) In the hearing of the appeal the Planning Commission is not confined to the record as certified to it by the Clerk, but may hear any evidence offered and consider the matter de novo.
(5) The Planning Commission shall conduct a hearing on such appeal and shall give preference to such proceedings over all other matters, irrespective of the time of filing of any other proceedings on the calendar of the Planning Commission. The hearing before the Planning Commission shall determine the rights of the parties in accordance with the Zoning Code and general laws of the State of Ohio applicable to such appeal. At such hearing Council may be heard on oral argument, briefs may be submitted, and evidence introduced, if the Planning Commission has granted a request for presentation of additional evidence.
(6) The Planning Commission may affirm the order or decision of the Village Clerk complained of in the appeal, if it finds, upon evidence of the entire record and such additional evidence as the Planning Commission has admitted, that the order or decision is supported by reliable, probative, and substantial evidence and is in accordance with law. In the absence of such finding it may reverse, vacate or modify the order or make such other rulings as are supported by reliable, probative, and substantial evidence and in accordance with law. The decision of the Planning Commission shall be final and conclusive unless reversed, vacated or modified on appeal to the Court of Common Please. Such appeal may be taken either by the party or the Village Clerk and shall proceed as in the case of appeals in civil actions as provided by the Ohio Revised Code and the Ohio Rules of Civil Procedure.
(7) Hearings of the Planning Commission shall be public.
(8) Notice of hearings on each appeal shall be given by publication in accordance with the Ohio Revised Code.
(c) Actions of the Planning Commission in Hearing Appeals.
(1) The Planning Commission may go into executive session for discussion but not for vote on any case before it.
(2) The Planning Commission shall act by resolution, in which a majority of members shall concur.
(3) Concise records and minutes of all official acts of the Planning Commission in hearing appeals shall be maintained.
(d) Fees.
(1) With each application, the applicant shall pay a fee of not more than twenty-five dollars ($25.00).
(2) Such fee shall be in addition to the payment of the regular building permit fee and any other fee which thereafter may accrue, and no portion of any fee shall be refunded whatever may be the outcome of the application.
(Ord. 1135. Passed 11-26-84.)