(A) Zoning Inspector.
(1) Office of Zoning Inspector created. The Zoning Inspector, who shall be appointed by the Village Commission, shall enforce the zoning chapter. All officials and employees of the village shall assist the Zoning Inspector by reporting to him or her any new construction, reconstruction or apparent violations to this chapter.
(2) Duties of Zoning Inspector. For the purposes of this chapter, the Zoning Inspector shall have the following duties:
(a) Issue zoning permits and certificates of zoning compliance when the procedures and standards of this chapter have been followed;
(b) Make and keep all records necessary and appropriate to the office;
(c) Inspect any buildings or lands to determine whether any violations of the zoning chapter have been committed or exist;
(d) Upon finding that any violations exist, notify in writing the person responsible for such violation, ordering such action(s) as needed to correct such violations;
(e) Take all necessary steps to remedy conditions found in violation of this chapter by ordering, in writing, the discontinuance of illegal uses or work in progress, and direct cases of noncompliance to the appropriate village official(s) for action; and
(f) Advise the Planning and Zoning Board of matters pertaining to the enforcement of and amendments to the zoning chapter, as well as conditional use permits, appeals or variances, and all applications and records pertaining thereto.
(B) Planning and Zoning Board.
(1) Planning and Zoning Board established. There is hereby established a Planning and Zoning Board for the village. Pursuant to and as authorized by R.C. § 713.11, the Planning and Zoning Board shall serve as, and is hereby granted the authority of, both Village Planning Commission and Board of Zoning Appeals.
(2) Membership and terms. The Planning and Zoning Board shall consist of five members, consisting of the Commission President, one member of Village Commission, and three residents of the village, all to be appointed by the Commission President with the approval of Village Commission for terms of six years each, except for the term of one of the members of the first Board shall be four years and one for two years. All vacancies shall be filled by the Commission President, with the approval of the Village Commission. If, within a period of 60 days after a vacancy occurs, the Commission President has not appointed a new member to fulfill that vacancy, the full Commission may appoint a member to fill that vacancy.
(3) Removal of members. Members of the Board shall be removable for nonperformance of duty, misconduct in office or other cause by the Village Commission, after a hearing has been held regarding such charges. Charges against any Planning and Zoning Board member shall be reviewed by the Village Solicitor prior to any formal public hearing. The member shall be given the opportunity to be heard and answer such charges.
(4) Quorum. Three members of the Board shall constitute a quorum. Any action by the Board must be by a concurring vote of the majority of the total Board membership.
(5) Procedures.
(a) The meetings of the Board shall be public, however, the Board may go into executive session, as permitted by R.C. § 121.22, as amended, for discussion but not for vote on any case before it. The Board shall organize annually and elect a Chairperson and Vice-Chairperson. The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this zoning chapter.
(b) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question; or, if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official action, all of which shall be immediately filed in the village offices and shall be a public record.
(c) The Board shall have the power to subpoena witnesses, administer oaths and may require the production of documents, under such regulations as it may establish.
(6) Powers and duties. The Planning and Zoning Board shall have the powers and authority as granted in R.C. §§ 713.02 through 713.11 and, in addition, shall have the following powers and duties:
(a) Review proposed amendments to this zoning chapter or official zoning map and make recommendations to Village Commission, pursuant to § 152.022;
(b) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector, in accordance with § 152.023;
(c) Authorize such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions of the land, a literal enforcement of this chapter will result in unnecessary hardship in accordance with the provisions of § 152.023;
(d) Determine similarity of uses, pursuant to § 152.040(B)(5);
(e) Interpret the boundaries of the official zoning district map, in accordance with the provisions of this chapter;
(f) Permit conditional uses as specified in the official schedule of district regulations and under the conditions specified in § 152.024, and such additional safeguards as will uphold the intent of the chapter;
(g) Authorize the substitution or extension of nonconforming uses, as specified in § 152.026;
(h) Declare zoning permits void, pursuant to § 152.025(C); and
(i) Make a recommendation for the zoning of newly annexed areas to the village, in accordance with § 152.041(D).
(C) Powers of Zoning Inspector, Planning and Zoning Board and Village Commission on matters of appeal. It is the intent of this chapter that all questions of interpretation and enforcement shall first be presented to the Zoning Inspector. Such questions shall be presented to the Planning and Zoning Board only on appeal from the decision of the Zoning Inspector, and recourse from the decisions of the Board shall be only to the courts as provided by law. It is further the intent of this chapter that the powers of the Village Commission in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The Village Commission shall not have the authority to override the decisions of the Planning and Zoning Board and/or the Zoning Inspector on matters of appeal or variance.
(Ord. 97-5, passed 8-4-1997)