For the purposes of this code, there shall be review boards established for the administration and enforcement of this code, including the Planning Commission and BZA.
(a) General Rules and Regulations for All Review Boards. The following shall apply to the Planning Commission and BZA:
(1) Unless otherwise stated by the ORC, all members of a review board, at the date of their respective appointments, shall be residents of the Village and shall continue to be residents of the Village during the terms of their office.
(2) Except where the organizational requirements of this chapter allow for, or the ORC mandates membership by, an elected official or employee of the Village, members of the review boards shall not otherwise be employed or appointed to any other Sheffield Village municipal office.
(3) Members of any review board shall be removable for nonperformance of duty, misconduct in office, or other cause, by the Village Council, upon written charges having been filed with the Village Council and after a public hearing has been held regarding such charges. A copy of the charges shall be served upon the member at least ten days prior to the hearings, either personally, by registered mail, or by leaving the same at his usual place of residence. The member shall be given the 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 in 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 Village.
(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 Village shall cooperate with and assist the boards in implementing the purposes for which they are formed.
(9) 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 Village Administrator 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 board shall elect a Chairperson who shall serve for one-year terms. The boards may also elect a Vice-Chairperson. 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 Sheffield Village Planning Commission is hereby established by Village 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 Village Council for the approval of a comprehensive land use plan and other plans for the future physical development and improvement of the Village 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 Village 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;
D. Hear, review, and make decisions on conditional uses in the respective zoning district;
E. Hear, review, and decide on use variance requests in accordance with the applicable provisions of this code;
G. Hear, review, and make decisions on requests for substitution of nonconforming uses in accordance with Section 1125.04(e);
H. Review and make decisions on site plan applications;
I. Review and make recommendations and decisions, as applicable, on the preliminary subdivision plats and final subdivision plats for major subdivisions;
J. Review and make decisions on requests for subdivision modifications;
K. Consider, investigate, and report upon any special matter or question coming within the scope of its work as requested by Village 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 Village Council, and/or by the ORC.
(4) Special Provisions for Planning Commission Hearings Related to Conditional Use Review and Use Variances. A conditional use application and a use variance application shall be reviewed through an adjudication hearing that allows the Planning Commission to have the additional powers as part of the review of the 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 Village Administrator and provided to the Planning Commission in advance of the hearing.
D. The privilege of cross-examination of witnesses shall be accorded to all interested parties or their attorneys.
(5) Quorums and Decisions.
A. Any combination of three (3) or more members of the Planning Commission shall constitute a quorum.
B. A motion made on a decision or recommendation 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 Sheffield Village Board of Zoning Appeals is hereby established.
(2) Membership.
A. The BZA shall be composed of a total of three (3) members appointed by the Mayor and confirmed by the Village Council.
B. The terms of all members shall be three (3) years in duration, with one person being appointed every year, in order to permit staggered terms.
(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 Village Administrator, Zoning Administrator, 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 area/dimensional 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 1107.03(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 1125: 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 two (2) or more members of the BZA shall constitute a quorum.
B. A motion made on a decision shall carry when at least two (2) 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 Village Administrator and provided to the BZA in advance of the hearing.
D. The privilege of cross-examination of witnesses shall be accorded to all interested parties or their attorneys.
(6) Record of Decisions. Immediately following the BZA's decision, the applicant shall be notified of the decision, and conditions of approval, if approved, and any next steps.
(Ord. 2879. Passed 10-23-23.)