(A) Creation. The Planning Commission shall perform the duties and exercise all powers as provided in R.C. § 713.11 and as otherwise provided by this § 154.187.
(B) Minutes. The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon question, or if absent or failing to vote, it shall indicate such fact, and file and record its proceedings in the office of the Village Fiscal Officer and the minutes shall be public record.
(`94 Code, §1147.04)
(C) Meetings. The Planning Commission shall meet at the call of its chairman or two other members; and at such other regular times as specified in the Commission’s rules or procedure. All hearings held by the Commission shall be open to the public. The Commission shall require a quorum of three members at all meetings, and the concurring vote of at least three members shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to decide in favor of an applicant or any matter upon which they are required to pass or to effect any variations in this chapter. The Commission shall have the power to subpoena and require the attendance of witnesses, compel testimony and the production of books, papers, files and other material which may serve as evidence to the matters before it.
(`94 Code, § 1147.05)
(D) Powers and duties. The Planning Commission shall not have the power to alter or change the zoning district classification of any property, nor to make a change in the terms of this chapter, but does have the power to act on those matters where this chapter provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and the laws of the state. Such powers include:
(1) Appeals. The Commission shall hear and decide all appeals from any decision or action of the Zoning Inspector or any other administrative official in carrying out or enforcing any provisions of this chapter.
(2) Variance. Where there are practical difficulties of unnecessary or particular hardship in the way of carrying out the strict letter of this chapter, the Commission shall have the power in passing on appeals to vary any of the provisions of this chapter relating to the construction or structure. The Commission shall authorize a variance from the strict application of the provisions of this chapter where evidence is submitted showing that:
(a) By reason of exceptional narrowness, shallowness, shape or area of a specific piece of property or by reason of exceptional topographic conditions or other extraordinary physical land conditions applying to the property involved or to the intended use or development of the property that does not generally apply to other properties or uses within the same zoning district or neighborhood, the strict application of the provisions of this chapter would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this chapter.
(b) Granting of such variance will not be of substantial detriment to the public interest or to property or improvements in such district in which the variance is sought, and will not materially impair the purpose of this chapter. In granting a variance, the Commission may attach such conditions or safeguards as it may deem necessary to protect the public health, safety or welfare and to further the purposes and intent of this chapter.
(3) Special Exceptions. The Commission shall hear and decide in accordance with the provisions of this chapter requests for exceptions for interpretations of the Zoning Districts Map, and for decisions on special approval situations on which this chapter specifically authorizes the Commission to pass. Any exception or special approval shall be subject to the following conditions:
(a) Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the Comprehensive Plan, as shown on the Zoning Districts Map, accompanying and made a part of this chapter where the street layout on the actual ground differs from the street layout on the Zoning Districts Map.
(b) Permit, upon proper application, temporary uses, not otherwise permitted in any district, not to exceed 12 months providing such uses do not require the erection of any capital improvement of a structural nature.
(c) Permit modification of fence requirements, providing such modification will not adversely affect or be detrimental to surrounding or adjacent development.
(d) Permit modification of the height and area regulations as may be necessary to secure an appropriate improvement of a building or lot which is so located or of such a precarious shape in relation to surrounding development that it cannot be appropriately improved without such modification.
(`94 Code, § 1147.06)
(E) Appeals. Appeals to the Planning Commission may be taken by any person, firm, corporation or by any officer, board or department of the village, deeming himself or itself to be adversely affected by the decision of the Zoning Inspector regarding the interpretation of this chapter. Appeals shall be made no later than 15 calendar days after the date of the grievance. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative officer, whose decision is appealed from, shall certify to the Commission, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by the Commission or by a court having lawful jurisdiction. Within its powers, the Commission may reverse or affirm, wholly or in part or may modify the order, requirement, decision or determination as in its opinion ought to be done, and in that end shall have all the powers of the officers and bodies from whom the appeal was taken and it may issue or direct the issuance of a certificate.
(`94 Code, § 1147.07)
(F) Procedure.
(1) All appeals and applications made to the Planning Commission shall be in writing and on forms prescribed therefor. Every appeal or application for a variance or special exception shall refer to the specified provision of the Zoning Ordinance involved and shall exactly set forth the interpretation that is claimed, the use for which the certificate is sought or the details of the appeal that is applied for and the grounds on which it should be granted, as the case may be. Each and every decision made by the Commission shall be by resolution, and shall contain a full record of and findings of the Commission in the particular case. Each such resolution shall be filed in the office of the Village Fiscal Officer by case number under one or another of the following headings:
(a) Variances; interpretations; certificates; together with all documents pertaining thereto.
(b) Special exceptions; interpretations; certificates; together with all documents pertaining thereto.
(2) When a notice of appeal has been filed in proper form with the Commission or Board, the secretary shall immediately place the request for appeal upon the calendar for hearing, and shall cause notices, stating the time, place and purpose of the hearing. The notice shall be served personally or by mail, addressed to the parties making the request for appeal, at least 30 days prior to the date of the scheduled hearing. Notices of the hearing shall be sent to the owners of property within and contiguous to and directly across the street from such parcel or parcels, at least ten days prior to the date of the scheduled hearing. Such hearing shall be advertised by one publication in one or more newspapers of general circulation in the village at least ten days before the date of such hearing. The Commission or Board, at its discretion, may send out further notices to publicize such hearings. The Commission or Board may recess hearings from time to time, and if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.
(`94 Code, § 1147.08)
(G) Fees. Council may from time to time prescribe and amend by ordinance, a reasonable schedule of fees to be charged to applicants for appeals to the Planning Commission. At the time the notice for appeal is filed, the fee shall be paid to the Village Fiscal Officer.
(`94 Code, § 1147.09) (Ord. 26-82, passed 12-28-82; Am. Ord. 14-2003, passed 7-8-03; Am. Ord. 4-2007, passed 2-27-07; Am. Ord. 32-2008, passed 9-9-08)