(A) Generally. In accordance with Article VII the Village Charter, a Planning Commission and a Board of Zoning and Building Appeals are hereby created.
(1) Membership.
(a) The Planning Commission shall consist of seven members appointed by Council: two of whom shall be members of Council appointed for a term of one year, and five citizen members who shall serve four year overlapping terms of office. Members of the Planning Commission shall hold no other municipal office or board membership.
(b) The Board of Zoning and Building Appeals shall consist of seven citizen members appointed by Council to serve four year overlapping terms of office. Members of the Board of Zoning and Building Appeals may not hold any other municipal office.
(2) Vacancy. The position on a board or commission shall become vacant upon the member’s death, resignation, removal from office in any manner authorized by the Charter, or forfeiture of office. A vacancy during the term of any member of a board or commission created by the Charter or by ordinance of the Council shall be filled by:
(a) Advertising the opening for two weeks requesting anyone interested in serving on that board or commission to make application to the Council;
(b) Applications shall be in writing by anyone interested;
(c) The Manager and the Mayor plus two members of Council shall interview all applicants; and
(d) Appointment shall be made seven days after the last advertisement or within 45 days of the vacancy.
(3) Forfeiture of office. If it is so determined by an affirmative vote of at least four members of the board or commission, a member shall forfeit that position if the board or commission member:
(a) Lacks at any time during his or her term of office, any qualification for the office prescribed by the Charter;
(b) Intentionally violates any express prohibition of the Charter;
(c) Is convicted of a crime involving moral turpitude or malfeasance or a felony; or
(d) Fails to attend regular meetings as established by the board or commission’s attendance policy. Each board or commission shall establish and have approved by the Manager its own attendance policy. This policy will be reviewed by each board or commission at the first meeting held each year.
(4) Disability. On questions of disability involving the members of the boards or commission, the decision as to actuality of the time of, and duration of the disability, for purpose of declaring a vacancy, shall be determined by an affirmative vote of at least four members of the board or commission.
(B) Meetings.
(1) The Planning Commission or the Board of Zoning and Building Appeals may meet at the request of the Mayor or Commission Chairperson or Board Chairperson upon written notice by two or more of its members; in all cases such request or notice shall be given at least 24 hours prior to the meeting time. All meetings shall be public and public records shall be kept of all proceedings indicating the vote of each member on each issue, the members present and absent, and the facts of each case and other minutes of the meeting, a copy of which shall be sent to the Village Council. Nothing in this code shall prevent the Commission or Board from granting a continuance of a public hearing.
(2) An organizational meeting shall be held each January at which a Chairperson for each Commission or Board shall be nominated. A Vice Chairperson and a secretary shall be designated by the Chairperson. All officers shall serve for a one-year term and shall serve without compensation.
(C) Procedure. Four members constitute a quorum. The Board or Commission shall act by resolution passed by the vote of a majority of the members of the Board or Commission. The Chairperson, or in his or her absence the Vice Chairperson, may administer oaths and compel the attendance of witnesses. The secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. The secretary may or may not be a member of the Board or Commission, and if not a member may hold another office or employment with the municipality. The secretary shall keep records of the Board’s or Commission’s examinations and other official actions, all of which are to be filed with the Clerk of Council within ten days after the meeting and are public record. All meetings shall be open to the public.
(D) Duties.
(1) The duties of the Planning Commission are as follows:
(a) To review all proposed amendments to and rezonings of this chapter and map, as in § 153.041, and to forward recommendations to Village Council;
(b) To initiate amendments to the provisions of this chapter and official zoning map by resolution and make recommendation to Village Council;
(c) To review and act upon applications for conditional use permits, as in § 153.042, and all other pertinent sections of this chapter;
(d) To act on all proposed planned developments, as in § 153.174, and to forward recommendations to Council for final action relative to development plans and amendments;
(e) To conduct studies and surveys and prepare plans, reports, and maps relative to the overall planning of the growth, development, redevelopment, rehabilitation, and renewal of the municipality, and make such recommendations relative thereto to the Council as it feels are in the best interests of the municipality;
(f) To administer the subdivision regulations of the village;
(g) To make plans which show the Commission’s recommendations for the character of both public and private streets, bridges, parks, open spaces, waterways, and utilities;
(h) To make plans which show the Commissions’s recommendations on the location and extension of streets, bridges, parks, open spaces, waterways, and utilities;
(i) To work with the Historic Preservation Board of the village and to make plans and recommendations for the control and care of historic structures and grounds not located in areas subject to the Historic Preservation Board;
(j) To assist in the design of public works such as bridges, street fixtures, public art, and visible utilities; and
(k) To administer and make recommendations for the application of the Comprehensive Community Plan for the village.
(2) The duties of the Board of Zoning and Building Appeals are as follows:
(a) To hear and decide appeals where it is alleged there is in error any order, requirement, decision, or determination made by the Director of Inspection and Engineering;
(b) To review and act upon applications for variances from the terms of this chapter, as per § 153.043; and
(c) To review and act upon appeals with regard to reconstruction and substitution of nonconforming uses, as per § 153.044.
(E) Matters of interpretation. It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Director of Inspection and Engineering, and that such questions shall be presented to the Board of Zoning and Building Appeals on appeal from the decision of the Director of Inspection and Engineering, and that recourse from the decisions of the Board of Zoning and Building Appeals shall be to the Village Council. Recourse from the Village Council shall be the County Court of Common Pleas as provided under the Ohio Revised Code.
(F) Village Council powers and duties. The Village Council shall have the following powers and duties with respect to the administration and enforcement of this Zoning Code:
(1) To review, render decision, and enact amendments to the provisions of this chapter and official zoning map;
(2) To initiate amendments to the provisions of this chapter and official zoning map through ordinance or resolution and forwarding the action to Planning Commission for review and recommendation;
(3) To hear and decide appeals from Planning Commission or Board of Zoning and Building Appeals determinations relative to conditional use and variance requests;
(4) Request by resolution or require by ordinance duties of the Planning Commission and/or the Board of Zoning and Building Appeals; and
(5) To hear and decide appeals from the Historic Preservation Board relative to certificate of appropriateness requests.
(Ord. 96-152, passed 10-7-1996)
Charter reference:
Council may amend districting or zoning, see Charter § 3.09
Duties and powers of Board of Zoning and Building Appeals, see Charter § 7.06
Duties and powers of Planning Commission, see Charter § 7.04
Statutory reference:
Council may amend districting or zoning, see R.C. § 713.10
Duties and powers of Board of Zoning and Building Appeals, see R.C. § 713.11
Duties and powers of Planning Commission, see R.C. §§ 713.02 et seq.