Bellville City Zoning Code
PLANNING COMMISSION
§ 155.400 CREATION, APPOINTMENTS AND VACANCIES.
There is hereby created a Village Planning Commission composed of the Mayor of this village, one member of Village Council appointed by Council for his or her term of office on Council and three residents of the village appointed by the Mayor for six-year overlapping terms.
(A) In the event of the death of the Council member of the Commission, his or her resignation from this Commission, or resignation from Council, Village Council shall appoint another of its members to serve the remainder of the unexpired term.
(B) In the event of the death or resignation of a citizen member of this Commission, the Mayor shall appoint some other resident of this village for the remainder of the unexpired term.
(C) The unexcused absence of any member of this Commission from three consecutive monthly meetings or the establishing of a permanent residence outside of this village shall be deemed a resignation.
(Ord. 87-27, § 600, passed 7-7-1987)
§ 155.401 ORGANIZATION AND FUNCTIONS.
The Planning Commission shall:
(A) Elect a chairperson, vice-chairperson and secretary from among its members to serve for their term upon the Commission;
(B) Keep a complete record of its proceedings including the vote of each member on all motions before the commission;
(C) Within the limits of the money appropriated for it, shall purchase such supplies and equipment as it finds necessary to carry out its duties;
(D) Retain or otherwise employ within the limits of the money appropriated for it, such consultants as it finds necessary to carry out its duties
(E) Establish a schedule for its meetings which shall include at least one regular meeting per month and such additional meetings as are necessary to carry out its duties; and
(F) Adopt rules and regulations to govern the conduct of its meetings.
(Ord. 87-27, § 601, passed 7-7-1987)
§ 155.402 CONDUCT OF MEETINGS.
At least three members must be present at any meeting before any official business can be conducted. An affirmative vote of three members shall be necessary to pass any motion before the Commission. The abstention or refusal to vote of any member shall not be counted for or against the motion and the member so abstaining or refusing to vote shall be deemed absent for the purpose of the motion upon which he or she abstains or refuses to vote. All meetings of the Commission shall be open to the public at all times. Reasonable steps shall be taken to notify the public and the news media of the time of all regular and special meetings. All records of the Commission shall be public records and shall be filed with the Financial Officer.
(Ord. 87-27, § 602, passed 7-7-1987)
§ 155.403 POWERS AND DUTIES.
The Planning Commission shall have the following powers and duties:
(A) To initiate amendments to this chapter including both changes in the text or changes of the use district of any parcel of land;
(B) To review applications for amendments to this chapter and make recommendations to Village Council thereon, including both changes in the text or changes of the use district of any parcel of land whether initiated by Village Council or initiated by any owner or leasee of the land in question;
(C) To review and approve or deny the platting or other subdivision of land within this village in accordance with the village subdivision ordinance, Chapter 154 of this code of ordinances;
(D) To review and approve or deny site plans for the use of land within this village for all uses except one- and two-family dwelling units. All site plans shall be drawn on a scale of one inch to 20 feet;
(E) To grant variances in the use of land permitted in a particular district where the proposed use is similar in character to the uses already permitted in the district and the proposed use will be consistent with the overall character of the district as stated in this chapter. No use variance shall be permitted under this division where the effect of the variance would be to rezone the land to another use district as, for example, where the use in question is already expressly permitted in another use district;
(F) To grant variances from the literal requirements of the requirements of this chapter where because of unique circumstances applicable to the particular property under consideration, the literal application of a particular provision of this chapter will cause undue hardship and the variance will not be detrimental to the overall purpose of this chapter;
(G) To hear and decide appeals from any decision of the Zoning Inspector in denying or granting a zoning or sign permit under this chapter;
(H) To issue conditional zoning permits where such permits are provided for a particular use within a use district and where the Commission finds that each of the specific conditions has been met or that the waiver of one or more of the specific conditions will be in accordance with the standards herein provided.
(Ord. 87-27, § 603, passed 7-7-1987)
§ 155.404 HEARINGS BEFORE PLANNING COMMISSION.
(A) All appeals to the Planning Commission from any decision of the Zoning Inspector shall be filed within 30 days of the decision appealed. It shall be initiated by filing with the Financial Officer, a written appeal on the form provided and must be accompanied by the fee required by § 155.446 below.
(B) All requests for variances or conditional permits to the Planning Commission shall be filed with the Financial Officer, or with the Planning Commission when in open session, on a form provided and shall be accompanied with the appropriate fee required by § 155.446 below.
(C) Hearings on appeals or on applications for variances shall be held at the next regular Planning Commission meeting occurring more than 14 days after the application is filed or at such special meeting called for this purpose. The 14-day requirement herein may be waived by the Commission for good cause shown.
(D) At the hearing on variances, all testimony shall be received under oath or affirmation, a verbatim record of the proceedings shall be kept, the application shall be allowed upon application and deposit of fees to the issuance of subpoenas for the attendance of witnesses, all testimony shall be subject to cross examination.
(E) The Commission shall render its decision within a reasonable time after the hearing not to exceed 60 days and advise the applicant in writing thereof.
(Ord. 87-27, §604, passed 7-7-1987)
§ 155.405 NOTICE OF HEARING ON VARIANCE.
The Financial Officer of this village shall give notice of the time and place of the public hearing on all requests for variances by first-class mail at least ten days prior to the hearing to all owners of property within, contiguous to and directly across the street from the parcel or parcels involved. The notice shall be mailed to the address listed in the current county auditor's tax duplicate. The failure of delivery of the notice shall not invalidate any subsequent action with respect to the proposed variance.
(Ord. 87-27, § 605, passed 7-7-1987)
§ 155.406 ZONING INSPECTOR; CREATION AND APPOINTMENT.
There is hereby created the position of Zoning Inspector for the village. The Zoning Inspector shall be appointed by the Mayor and may be removed by the Mayor at any time. He or she shall be paid such compensation as Council shall direct.
(Ord. 87-27, § 606, passed 7-7-1987)
§ 155.407 ZONING INSPECTOR; POWERS AND DUTIES.
The Zoning Inspector shall have the following powers and duties:
(A) To issue zoning permits for one- and two-family dwelling units and accessory uses thereto, provided the proposed use is permitted under this chapter and the applicant has paid the appropriate application fee at time of filing.
(B) To issue sign permits provided the proposed sign is in accordance with this chapter and the applicant has paid the proper application fee at the time of filing.
(C) To issue zoning permits for business and industrial uses and accessory uses thereto, after the site plan has been approved by the Planning Commission and the applicant has paid the proper application fee at the time of filing.
(D) To issue conditional zoning permits and variance permits after approval by the Planning Commission and applicant has paid the proper application fee at the time of filing.
(E) To investigate alleged violations of this chapter.
(F) To attend all regular and special meetings of the Planning Commission and such other meetings as the Mayor or Council shall direct.
(G) (1) To keep records of all activities of his or her office and to report monthly at the first meeting of a month to Village Council as to the various classes of permits issued during the month. Give written report the first meeting in January to the Village Council as to all various classes of permits issued during the preceding year.
(2) The Zoning Inspector shall within ten days after receipt of an application issue a zoning certificate if the application complies with the requirements of this chapter and the application is accompanied by a proper fee. If the certificate is refused, the applicant shall be notified in writing of such refusal and cause within ten days.
(H) To determine that all construction has occurred only in accordance with the provisions of any permit, conditional permit or variance issued;
(I) To perform such other duties as the Council, Planning Commission of the Mayor directs with respect to the enforcement of this chapter;
(J) To maintain the official zoning map of the village and make all changes of use districts thereon immediately after their approval by Council.
(Ord. 87-27, § 607, passed 7-7-1987)
§ 155.408 VARIANCES.
The Commission shall have the following powers and duties: To grant use or area variances in the use of land permitted in a particular district where the proposed use is similar in character to the uses already permitted in the district and the proposed use will be consistent with the overall character of the district as stated in the resolution.
(A) The Commission shall not grant a use variance unless it finds that all of the following conditions apply to the case in question:
(1) There are special circumstances or conditions applying to the land, building or use referred to in the application, which circumstances were not created by the applicant.
(2) The granting of a variance application is necessary for the preservation and enjoyment of substantial property rights.
(3) The granting of the application will not materially affect, adversely, the health or safety of persons residing or working in the neighborhood of the proposed use and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.
(B) The Commission shall not grant an area variance unless the property owner has encountered practical difficulties in the use of his or her property. The factors to be considered and weighted by the Commission are:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.
(2) Whether the variance is substantial.
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.
(4) Whether the variance would adversely affect the delivery of governmental services (e.g. water, sewer, garbage).
(5) Whether the property owner purchased the property with knowledge of the zoning restriction.
(6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance.
(7) (a) Whether the spirit and intent behind the zoning requirement would be required to be observed and substantial justice done by granting the variance.
(b) In granting any variance under the provisions of this section, the Commission shall designate such conditions in connection therewith as will, in the opinion, secure substantially the objectives of the regulations or provisions in the application on which the variance is granted.
(Ord. 87-27, § 609, passed 7-7-1987; Ord. 28-06, passed 7-17-2006)
§ 155.409 ADDITIONAL CONDITIONS.
The Planning Commission may, in addition to the specific conditions listed in this chapter, also impose any of the following conditions as a further condition upon the granting of the conditional zoning permit in the interest of protecting the public health, safety, welfare, preserving property values of surrounding properties and the village as a whole and the aesthetic values of the village.
(A) The location, width, radius and number of driveways entering onto any public street;
(B) The requirement that barriers be established to prevent access to a public street at any other location than established driveways;
(C) A limitation upon access to certain public streets where there are more than one public street abutting the property;
(D) Limitations upon the use of required setbacks for the parking of motor vehicles, storage or display of goods for sale or use;
(E) Limitations on the intensity and location of lighting and requirements that lighting be shielded from adjoining properties;
(F) Requirements that surface water be detained, channelized or otherwise carried from the property to public storm sewers so as to avoid injury to adjoining properties;
(G) Requirements that culverts be installed parallel to the road under any proposed driveway so as not to interfere with the existing flow of surface water. The size of the culvert shall be determined based upon accepted engineering standards.
(Ord. 87-27, § 610, passed 7-7-1987)
§ 155.410 APPLICATION FOR ZONING PERMIT.
All applications for zoning permits shall be made upon forms provided by the Zoning Inspector. Each application shall be accompanied by a site plan of the entire parcel drawn to a scale of one inch equals 20 feet. Each application shall be accompanied by the appropriate fee required by § 155.446 below. If the application meets all the requirements of this chapter, the Zoning Inspector shall issue the permit. The Zoning Inspector shall grant or deny the permit within 30 days of the filing of a complete application. If no decision is made within 30 days, the zoning permit shall be issued.
(Ord. 87-27, §611, passed 7-7-1987; Ord. 20-05, passed 7-5-2005
§ 155.411 APPLICATION FOR CONDITIONAL PERMIT.
All applications for conditional zoning permits shall be made upon forms provided by the Zoning Inspector. Each application shall be accompanied by site plan of the entire parcel drawn to a scale of one inch equals 20 feet. Each application shall be accompanied by the fee as established hereafter. The application shall be considered at the next regular meeting of the Planning Commission occurring more than seven days after filing, or at a special meeting called for this purpose. Notice shall be given to the applicant at the time the application is received of the date of the meeting at which the application will be considered. The Planning Commission may waive the time limit of this section for good cause.
(Ord. 87-27, § 612, passed 7-7-1987)
§ 155.412 OWNER'S CONSENT.
All applications for any permit under this chapter shall be signed by the landowner or be accompanied by written evidence that the landowner has authorized the application to be filed.
(Ord. 87-27, §613, passed 7-7-1987)
§ 155.413 VIOLATIONS OF CONDITIONS.
Any zoning permit or conditional zoning permit issued under this chapter shall be valid only so long as each and every condition imposed by this chapter or the Planning Commission shall be complied with by the landowner or tenant. Any violation of any of the conditions of the permit shall be deemed to void the permit and make the continued use of the land a violation of this chapter which may be prosecuted or enjoined under §§ 155.440 to 155.445 and 155.999 below.
(Ord. 87-27, § 614, passed 7-7-1987)