For the purposes of this code, there shall be review boards established for the administration and enforcement of this code including the PC and BZA.
(a) General Rules and Regulations for All Review Boards. The following shall apply to the PC and BZA:
(1) All members of a review board, at the date of their respective appointments, shall be residents of the City and shall continue to be residents of the City during the terms of their office with the exception of the Safety Service Director.
(2) Except where the organizational requirements of this chapter allow for, or the ORC mandates, membership by an elected official or employee of the City, members of the review boards shall not otherwise be employed or appointed to any other Sharonville municipal office.
(3) Members of any review board shall be removable for nonperformance of duty, misconduct in office or other cause, by the Mayor, upon written charges having been filed with the Mayor and after a public hearing by City Council has been held regarding such charges. A copy of the charges shall be served upon the member at least ten (10) days prior to the hearings, either personally, by registered mail or by leaving the same at their usual place of residence. The member shall be given opportunity to be heard and answer such charges.
(4) A vacancy occurring during the term of any member of a review board shall be filled through the same manner as the position was originally filled, for the unexpired term in a manner authorized for the original appointment.
(5) The review boards may, by a majority vote of its entire membership at the time of consideration, adopt bylaws or rules for the governance of said board, provided they are consistent with State law and with any ordinances of the City.
(6) The review boards shall keep a record of their meetings and hearings, which shall be a public record.
(7) All meetings of the review boards shall be open to the public, except as exempted by law.
(8) The departments, divisions, and agencies of the City shall cooperate with and assist the boards in implementing the purposes for which they are formed.
(9) Alternates.
A. The Mayor may appoint up to two alternate members to each review board for a term of two (2) years each.
B. An alternate member shall take the place of an absent regular member at any meeting of the applicable review board.
C. An alternate member shall meet the same appointment criteria as a regular member.
D. When attending a meeting on behalf of an absent member, the alternate member may vote on any matter the absent member is authorized and eligible to vote for provided the member attended all pertinent public meetings or hearings.
E. When a vacancy occurs, alternate members do not automatically become full members of the applicable review board. Alternate members have to be appointed by the Mayor to replace a full member upon a vacancy.
(10) Meetings.
A. Each review board shall hold such meetings as it may require for conducting its business. Prior to the end of each year, the members shall, by motion, determine the dates of its regular meetings for the succeeding year.
B. The Chairperson of each board or the Director of Community Development may cancel a meeting if there is no pending business to be conducted.
C. Special meetings may be called by the Chairperson or by a vote of the applicable review board at its regular meeting.
D. At either the first meeting or the last regular meeting of each year, or when practical, each review board shall elect a Chairperson who shall serve for a one-year term. The boards may also elect a Vice-Chairperson, who shall also serve for a one-year term. These officers shall be elected from among the members of the applicable boards. During the temporary absence of the Chairperson, the Vice-Chairperson, where elected, shall fulfill the duties of the Chairperson.
(b) Organization and Roles of the Planning Commission.
(1) Establishment. The City of Sharonville Planning Commission is hereby established by City Council pursuant to Chapter 713 of the ORC.
(2) Membership and Terms. Membership of the Planning Commission shall be in accordance with Chapter 713 of the ORC, including the length of terms.
(3) Roles and Powers of the Planning Commission. The Planning Commission shall have the following roles and powers:
A. Initiate, hear, review, and make recommendations to City Council for the approval of a Comprehensive Plan and other plans for the future physical development and improvement of the City, based upon utility, convenience and beauty, physical needs, density and the social welfare and physical well-being of the people;
B. Initiate, hear, review, and make recommendations to City Council related to amendments to the text of this code or the zoning map;
C. Hear, review, and make recommendations or decisions related to Planned Unit Developments in accordance with Chapter 1109: Planned Unit Developments;
D. Hear, review, and make decisions on conditional use permits in the respective zoning district;
E. Hear, review and make decisions on requests for substitution of nonconforming uses in accordance with Section Chapter 1131: Nonconformities;
F. Review and make decisions on site plan applications;
G. Review and make decisions on the preliminary subdivision plats and final subdivision plats for major subdivisions;
H. Review and make decisions on requests for subdivision modifications;
I. Hear, review and make decisions on alternative equivalency review applications, when the proposed alternative equivalency review provision is not related to a certificate of appropriateness application;
J. Serve as the commission to review and address historic landmarks, historic sites, and historic districts including the following roles and powers:
i. Review and make decisions with respect to certificates of appropriateness regarding any change, demolition, construction, preservation, restoration, reconstruction, and rehabilitation of any structure or property within its jurisdiction;
ii. The Commission shall determine the appropriateness of the application regarding demolition, construction, preservation, restoration, reconstruction and rehabilitation of structures identified and listed as a landmark, historic district, contributing building or historic site;
iii. Make recommendations regarding amendments to this code as they affect historic districts or landmarks;
iv. Establish the procedures for evaluating applications for certificates of appropriateness;
v. Establish and use written guidelines for the preservation of designated landmarks, historic districts, contributing buildings or historic sites (See Chapter 1115: Historic Preservation.);
vi. Conduct or cause to be conducted a continuing survey of cultural resources in the community, according to the guidelines established by the Ohio Historic Preservation Office or other preservation agencies;
vii. Act in an advisory role to other officials and departments of local government regarding the protection of local cultural resources;
viii. Review applications for designation as a historic landmark or historic district according to the procedures and criteria in this chapter; and
ix. Perform any other duties related to the administration and enforcement of this code as authorized by this code or by ordinance of City Council.
K. Consider, investigate, and report upon any special matter or question coming within the scope of its work as requested by City Council, or the administration; and
L. Perform any other duties related to the administration and enforcement of this code as authorized by this code, by ordinance of City Council, and/or by the ORC.
(4) Special Provisions for Planning Commission Hearings Related to Conditional Use Review. As stated in Chapter 1129: Review Procedures, a conditional use shall be reviewed through an adjudication hearing that allows the PC to have the additional powers as part of the review of any conditional use application:
A. The Planning Commission shall make findings and conclusions which support all of its decisions. The findings and conclusions shall set forth and demonstrate the manner in which the decision carries out and helps administer and enforce the provisions of this code, including the application of any review criteria for the subject application.
B. The Planning Commission shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony and to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
C. Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. Comments may also be submitted in writing or verbally to the Community Development Department, and provided to the PC in advance of the hearing.
D. The privilege of cross-examination of witnesses shall be accorded all interested parties or their attorney.
(5) Quorums and Decisions.
A. Any combination of three or more regular or alternate members of the Planning Commission shall constitute a quorum.
B. A motion made on a decision shall carry when at least three (3) members of the Planning Commission concur.
C. General business items that do not include decisions on applications, such as continuances or approval of minutes, shall only require a majority of the quorum to concur.
D. A member of a Planning Commission shall not be qualified to vote if that member did not attend the public hearing or meeting of the applicable case subject to a decision unless he or she has read or listened to the transcript of the public hearing or meeting, as applicable.
E. A member of the Planning Commission shall not be qualified to vote if they have a direct or indirect interest in the issue subject to the application or any other conflict of interest.
(c) Organization and Roles of the Board of Zoning Appeals (BZA).
(1) Establishment. The City of Sharonville Board of Zoning Appeals is hereby established.
(2) Membership and Terms.
A. The BZA shall be composed of a total of seven (7) members appointed by the Mayor.
B. The terms of all members shall be of such lengths and so arranged so that the term of at least one but not more than two (2) members shall expire each year.
(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 Director of Community Development or other staff member authorized to make such decisions or orders, unless another appeals board is established by this code;
B. Hear, review, and decide on variance requests in accordance with the applicable provisions of this code;
C. Resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of Section 1103.03(b);
D. To permit the completion, restoration, reconstruction, expansion or extension of a nonconforming use where the enforcement of the regulations pertaining to nonconforming lots or buildings will result in unnecessary hardship (See Chapter 1131: Nonconformities.); and
E. Perform any other duties related to the administration and enforcement of this code as authorized by this code or the ORC.
(4) Quorums and Decisions.
A. Any combination of four or more regular or alternate members of the BZA shall constitute a quorum.
B. A motion made on a decision shall carry when at least four (4) members of the BZA concur.
C. General business items that do not include decisions on applications, such as continuance or approval of minutes, shall only require a majority of the quorum to concur.
D. A member of a BZA shall not be qualified to vote if that member did not attend the public hearing of the applicable case subject to a decision unless he or she has read or listened to the transcript of the public hearing.
E. A member of the BZA shall not be qualified to vote if they have a direct or indirect interest in the issue subject to the application or any other conflict of interest.
(5) Special Provisions for BZA Hearings.
A. The BZA shall make findings and conclusions which support all of its decisions. The findings and conclusions shall set forth and demonstrate the manner in which the decision carries out and helps administer and enforce the provisions of this code, including the application of any review criteria for the subject application.
B. The BZA shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony and to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
C. Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. Comments may also be submitted in writing or verbally to the Community Development Department, and provided to the BZA in advance of the hearing.
D. The privilege of cross-examination of witnesses shall be accorded all interested parties or their attorney.
(6) Record of Decisions. Immediately following the BZA's decision, the applicant shall be notified of the decision, in writing, including any conditions of approval.
(Ord. 2022-22. Passed 5-10-22.)