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(A) A Planning Commission to administer the details of the application of the regulations, restrictions, and limitations provided by the Zoning Code is hereby created.
(B) The Planning Commission shall consist of 5 electors of the village appointed by the Mayor and with the advice and consent of the Village Council, 1 for 3 years, 2 for 2 years, and 2 for 3 years, and the successor each for the term of 3 years.
(C) The Mayor annually shall appoint 1 of the members of the Planning Commission as Chair thereof, which person shall serve in such capacity until his or her replacement is appointed and qualifies.
(D) The jurisdiction to administer the Zoning Code, as specified therein and subject to the provisions thereof regarding appeals, is hereby delegated to the Planning Commission. The duties of the Planning Commission are as follows:
(1) Review proposed amendments and rezoning requests to the Zoning Code and make recommendations to Council.
(2) Review and act upon applications for Certificates of Appropriateness for new construction, exterior modification and/or structural alterations in § 151.066, other applications as provided for in this chapter, and applications for variances from the provisions of the Zoning Code in a particular instance as provided in §§ 151.090 et seq.
(3) Propose amendments to the Zoning Code and make such planning or zoning recommendations to Council as are deemed necessary.
(4) Perform all the actions or duties required of or permitted to a planning commission of a village established pursuant to R.C. § 713.01 as provided for in R.C. Chapter 713, and also any and all the actions or duties required of or permitted to an administrative board established by a village legislative authority established pursuant to R.C. § 713.11.
(5) Perform such other duties as may be required by ordinance or requested by Council.
(6) Hold informal working sessions with owners, occupants, developers, builders and the general public, for the purpose of providing advice and guidance in accordance with the zoning ordinances and prior to the submittal and review of formal development plans.
(7) Perform any action or matter for which any provision of the Building and Zoning Code permits or requires action by a “Planning Commission.”
(E) Members of the Planning Commission, and the Chair thereof, shall receive such compensation as shall be determined by Village Council from time to time, and shall be entitled to be reimbursed for any necessary expenses incurred in the discharge of their duties.
(F) The Planning Commission shall adopt from time to time such rules and regulations as may be necessary to conduct its business and to carry into effect the provisions of the Zoning Code.
(G) Any person aggrieved by the action of the Planning Commission shall have the right to appeal an adverse action to Village Council, as provided in § 151.096.
(Ord. 01-2008, passed 3-17-2008; Am. Ord. 03-2014, passed 8-18-2014)
(A) Whenever a structure, whether public or private, within the above described district is proposed to be constructed or erected and whenever an existing structure is proposed to be altered, reconstructed, enlarged or remodeled, if such alteration, reconstruction, enlargement or remodeling involves the exterior design, material, finish grade line, hardscaping or orientation of the structure, an application for a certificate of appropriateness shall be filed with the Clerk-Treasurer together with a fee based upon the following schedule:
(1) If the cost of the proposed project is to be $2,000 or less, the applicant shall pay a fee of $10.
(2) If the cost of the proposed project is to exceed $2,000, a fee of $1 for each $1,000 or fraction thereof of the estimated total cost shall be paid. In no case shall such fee be less than $10 or more than $200.
(B) The application shall be accompanied by a line drawing indicating at a minimum, the lot dimensions, size, shape and dimensions of the structure, the location and orientation of the structure on the lot, a lot coverage tabulation, an estimate of total construction cost, and the actual or proposed building setback lines. In addition, the application shall be accompanied by a detailed narrative description of the proposed design or change of design, use of materials, finish grade line, hardscaping and orientation of the structure. Applications for structures to be constructed or remodeled, which remodeling would increase or decrease the total gross building area by 50% or more, shall be accompanied by a colored elevation showing at a minimum, the design, use of materials, finish grade line, hardscaping and orientation of buildings. In addition, the Planning Commission may require the submission of colored perspectives or architectural renderings.
(C) Upon receipt of a completed application for a certificate of appropriateness, which is accompanied by the material required by the provisions of division (B) of this section, the Clerk-Treasurer shall promptly transmit the application to the Planning Commission. The Planning Commission may establish rules of procedure regarding the method and timing of the acceptance and review of completed applications. All completed applications for a certificate of appropriateness shall be scheduled for hearing and heard, subject to such rules relating to the timing or completeness of submissions, not later than the second regular meeting to occur after the receipt of the completed application by the Planning Commission, unless extended upon written request of the applicant. The Planning Commission by motion may at any time request additional information or drawings relating to the proposal, and such application shall be deemed to be a “completed application” only after the receipt of such additional information, and for the purpose of receiving such information may delay the consideration of the application to a date not later than the next regular meeting occurring after such request.
(Ord. 584, passed 4-21-1986; Am. Ord. 675, passed 12-21-1992; Am. Ord. 04-2009, passed 7-20-2009; Am. Ord. 03-2014, passed 8-18-2014)
(A) Notice of the hearing before the Planning Commission shall be published by posting copies thereof in the 5 most public places in the village, as determined by Village Council from time to time. The notice shall include the place, time and date of the hearing, the location of the property and the general nature of the proposed construction. An announcement shall be posted on the village website, indicating the type of application as well as the date and time for the hearing, 7 days prior to the hearing date. Additionally, a notice containing the foregoing information shall be sent by first class mail to all property owners adjacent to the property for which the application was filed not less than 10 days prior to the date fixed for the hearing. Failure of any such property owner to receive mail notice does not invalidate the granting or denial of the certificate.
(B) The following persons may appear at hearings as parties and be heard in person or by attorney: the applicant; the owner of property that is the subject of the application, if the owner is not the applicant; the owner of property adjacent or contiguous to the property that is the subject of the application or who is the addressee of any notice provided for in division (A) of this section; and any other person who claims a direct, present injury or prejudice to any personal or property right or interest that will occur if the application is approved or denied.
(C) A person authorized to appear and be heard may: present his or her position, arguments and contentions; offer and examine witnesses and present evidence in support of his or her position, arguments, and contentions; cross-examine witnesses purporting to refute his or her position, arguments, and contentions; offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions; proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Planning Commission.
(D) Hearings are open to the public, but are not public hearings. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. All hearings shall be recorded by tape recorder or other electronic means. The Planning Commission, at its option, may have a hearing transcribed by court reporter.
(Ord. 584, passed 4-21-1986; Am. Ord. 03-2007, passed 9-17-2007; Am. Ord. 04-2009, passed 7-20-2009; Am. Ord. 03-2014, passed 8-18-2014)
(A) The Planning Commission, in deciding whether to issue a certificate of appropriateness, shall determine that the application under consideration is in conformity with the requirements of the village ordinances with respect to the location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of hardscaping on the site and that the application will not be hazardous, inconvenient or in conflict with pedestrian or normal traffic movement, and promotes, preserves and enhances the distinctive architectural village character of the community. In conducting its review, the Planning Commission shall make examination of and give consideration to the elements of the application including, but not necessarily limited to:
(1) Height, which shall include the requirements of all other village ordinances.
(2) Building massing, which shall include in addition to the requirements of any other village ordinances, the relationship of the building width to its height and depth; and its relationship to the viewer’s and pedestrian’s visual perspective.
(3) Window treatment, which shall include the size, shape and materials of the individual window units and the overall harmonious relationship of window openings.
(4) Exterior detail and relationships, which shall include all projecting and receding elements of the exterior, including but not limited to, porches and overhangs and the horizontal or vertical expression which is conveyed by these elements.
(5) Roof shape, which shall include type, form and materials.
(6) Materials: texture and color, which shall include the appropriateness of the use of exterior design details.
(7) Compatibility of design and details, which shall include the appropriateness of the use of exterior design details.
(B) In conducting its inquiry and review, the Planning Commission may request from the applicant such additional information, sketches and data as it shall reasonably require. It may call upon experts and specialists for testimony and opinion regarding the matters under examination. It may recommend to the applicant changes in the plans to comply with current ordinances that it considers desirable. The Planning Commission may accept a voluntary amendment to the application to include or reflect such changes. To expedite approval, the Planning Commissioner can approve minor alterations with the authorization of the Planning Commission, without calling a meeting; or can call an additional meeting of the Planning Commission to consider changes. The Planning Commission shall keep a record of its proceedings and shall append to the application copies of information, sketches and data needed to clearly describe any amendment to it.
(C) When its review is concluded, the Planning Commission will determine by a vote of its members, whether the application for a certificate of appropriateness shall be approved and shall adopt written findings of fact regarding the compliance of the application with the applicable statutory requirements. If approved by 3 or more of its members, the Planning Commission shall return the application and appended material to the Clerk-Treasurer, together with the written findings of fact regarding the application, with the instruction that the certificate of appropriateness be issued, provided all other requirements for a building permit, if applicable, are met. If not approved, the Planning Commission shall return the application and appended material, together with the findings of fact regarding the application, to the Clerk-Treasurer with the instruction that the certificate of appropriateness shall not be issued because the application did not meet the criteria and standards set forth herein. The Clerk-Treasurer shall promptly give to the applicant written notice of the determination of the Planning Commission and, if the application has been approved, shall issue the certificate of appropriateness to the applicant promptly after the expiration of the time within which an aggrieved party may appeal such action.
(Ord. 584, passed 4-21-1986; Am. Ord. 04-2009, passed 7-20-2009; Am. Ord. 03-2014, passed 8-18-2014)
(A) Nothing in this subchapter shall be construed to prevent any ordinary repair or maintenance of an exterior architectural feature or any ordinary hardscaping now in the village.
(B) Nothing in this subchapter shall be construed to prevent the demolition of a structure, whether public or private, within the village.
(Ord. 584, passed 4-21-1986; Am. Ord. 03-2014, passed 8-18-2014)
VARIANCES AND APPEALS
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