Boston Heights City Zoning Code
TITLE ONE
Planning
1101.01 MEMBERSHIP; TERMS.
The Planning Commission of the Village of Boston Heights ("Commission") is hereby established. The Commission shall consist of five members: the Mayor, one member of Council to be selected by Council, and three citizens of the Municipality to be appointed by the Mayor, for the term of six years each, except that the term of one of such members of the first Commission shall be for four years and one for two years. In the event of absence from the Municipality or incapacity of one of the citizen Commission members, the Mayor may appoint a temporary substitute to serve as a member of the Commission with the same power and authority as a regular member until such member has returned or has become capacitated for service. In the event of absence from the Municipality or incapacity of the Council member of the Commission, the Council President Pro Tempore may appoint as substitute another member of Council who may serve as the Council member of the Commission with the same power and authority as the regular Council member until such regular Council member has returned or has become capacitated for service. All citizen Commission members shall serve without compensation.
(Ord. 2017-7-15. Passed 9-12-17.)
1101.02 POWERS MEETINGS; RULES OF ORDER.
(a) The Planning Commission shall have all the powers conferred by the laws of the State of Ohio and which may be conferred on it by ordinance or resolution of the municipality.
(b) The Planning Commission shall have jurisdiction to review and decide all issues pertaining to conditional use requests.
(c) The Planning Commission may adopt rules and bylaws for the holding of regular and special meetings, for the transaction and disposition of its business, and for the exercise of its powers. Except as otherwise provided in this section, Robert's Rules of Order shall govern the deliberations of the Commission.
(d) Meetings of the Planning Commission shall be held at the call of the Chairperson, and at such other times as the Commission may determine. All meetings of the Commission shall be open to the public.
(e) All proceedings and deliberations of the Planning Commission shall be conducted in public session and all testimony to the commission shall be under oath or affirmation. The Chairperson, or in the Chairperson's absence the acting Chairperson, has the authority to administer an oath or affirmation to individuals giving testimony, and shall request that each person who presents testimony provide his or her identity and home or business address. The absence of sworn testimony shall not invalidate any determination made by the Commission. The administration of an oath or affirmation of witnesses shall be conducted as a group only when, prior to receiving testimony, the Chairperson requires each witness to indicate on the record that he or she has been sworn or made such affirmation.
(f) Three members of the Planning Commission shall constitute a quorum. The Commission shall act by resolution, and the affirmative votes of three members of the Commission shall be necessary to approve, recommend, or enact any measure for which the Commission has jurisdiction.
(g) The Planning Commission 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 actions, all of which shall be filed in the office of the Zoning Inspector and shall be a public record. The Chairperson in his or discretion may permit a voice vote by the Commission as a whole on non-substantive questions.
(Ord. 2017-7-15. Passed 9-12-17.)
1101.03 PLATTING COMMISSION.
The Planning Commission shall also be the Platting Commission of the Municipality and have all the powers and duties provided by law for a platting commission.
(Ord. 2017-7-15. Passed 9-12-17.)
1101.04 CONTROL OF BUILDINGS.
The Planning Commission shall be authorized to control the height, design and location of buildings. (Ord. 2017-7-15. Passed 9-12-17.)
1101.05 PLANNING AND ZONING FEE SCHEDULE.
(a) The Village shall publish a Planning and Zoning Fee Schedule established by the Planning Commission subject to the approval of a majority vote of Council. A copy of this schedule shall be attached to and made a part of every application form associated with the permits, certificates, hearings, and/or administrative functions regulated by Part Eleven of these Codified Ordinances. This schedule shall also list any bond that is required or established in Part Eleven of these Codified Ordinances.
(b) All applications for permits, certificates, hearings, or administrative functions associated with projects regulated by Part Eleven of these Codified Ordinances, known as the Planning and Zoning Code, shall be accompanied by a non-refundable application fee established pursuant to subpart (a) and be made payable to the Village of Boston Heights. No such application for permit, hearing, or administrative function shall be accepted by the Village of Boston Heights unless accompanied by the payment of such fee. Such fee may be in addition to any other fee or deposit required by the Village, County of Summit or other political subdivision or governmental agency.
(c) The application fee in this section is separate from and in addition to any deposit into or charge against a Professional Fees, Costs, and Review Account established under Section 1101.06 of these Codified Ordinances.
(d) The Village Office Clerk shall be the records keeper and prepare appropriate documents for execution by the Zoning Inspector, Planning Commission, and/or the Board of Zoning Appeals. All applications for permits, certificates, hearings, or other administrative functions associated with projects regulated by Part Eleven of these Codified Ordinances shall be filed with the Village Office Clerk. All applications shall be time-stamped upon submission. Each application and/or other request shall be designated with a docket number. The docket number sequence shall be a four-part designation in the form DD-YYYY-MM-II, comprising:
(1) The particular department (DD), whether it be Zoning Inspector (ZI), Planning Commission (PC), or Board of Zoning Appeals (BZA); and,
(2) The calendar year of submission (YYYY); and,
(3) The month (MM) of that calendar year; and,
(4) An index number (II) with the first application in that particular month receiving the number 01, and continuing so on.
(e) The Village may consider and permit in its discretion a refund of any such fee paid hereunder where the Village finds that such application was made for a matter not under its or one of its departments' jurisdiction.
(Ord. 2017-7-15. Passed 9-12-17.)
1101.06 PROFESSIONAL FEES AND COSTS; ACCOUNT ESTABLISHED; DEPOSIT BY APPLICANT REQUIRED.
(a) All persons submitting an application, license, or other request to the Village Engineer, Street Commissioner, Zoning Inspector, Planning Commission, and/or the Board of Zoning Appeals shall be required to reimburse the Village for any professional fees and related costs associated with the Village's review, analysis, inspection, and other activity related to such request.
(b) The Planning Commission shall, subject to the approval of the Mayor and a majority vote of Council, establish a Professional Fees, Costs, and Review Account for the Village of Boston Heights. The funds placed in this Review Account are subject to the deposit and fee schedules described in subparts (c) and (d) herein.
(c) A Professional Fees and Costs Deposit shall accompany each application, license, or request submitted to the Village Engineer, Street Commissioner, Zoning Inspector, Planning Commission, and/or the Board of Zoning Appeals. The Deposit shall be placed in a Professional Fees, Costs, and Review Account, which shall be maintained for each separate application, license or request. The initial Deposit shall be received before the Village will incur any professional fee or cost associated with the Village's review, analysis, inspection, and other activity related to an applicant's request. The specific amount for an initial Deposit shall be established in a schedule created by the Mayor and approved by the Village Engineer and a majority vote of Council. The Mayor may, on a case by case basis, assess an applicant an additional Deposit based upon anticipated future professional fees and costs. At all times during the pendency of an application, license or request where professional fees and/or costs for the Village are required, such fees and costs shall be charged against the Professional Fees and Cost Deposit on a monthly and/or as needed basis and a positive balance shall be maintained in an applicant's professional review account. The Village shall give notice to an applicant once the balance in the applicant's professional review account reaches a five hundred dollar ($500.00) or lower balance if an additional Deposit will be required. Should the fees as set forth in subpart (d) consume the entire initial Professional Fees and Costs Deposit, all reviews, consideration, deliberation and analysis of the subject application, license or request by the Village shall be suspended and no further construction, work, and/or further use shall be done by the applicant or its agents until a supplemental Deposit is assessed and deposited. The balance of the Deposit funds on hand, after fees are assessed to said applicant, shall be returned to the applicant within 90 days of the final conclusion of the project and any potential legal matter pertaining to the request, application or license.
(d) The Mayor shall also create a fee schedule for various tasks associated with the professional review, inspection or other conduct required in association with any application, request or license submitted to the Village Engineer, Street Commissioner, Zoning Inspector, Planning Commission, and/or the Board of Zoning Appeals. The fee schedule shall be created by the Mayor with the approval of the Village Engineer and a majority vote of Council. The fees shall be charged against the Professional Fees and Cost Deposit on a monthly and/or as needed basis. The fees set forth in the schedule shall not conflict with any other fee established by the Codified Ordinances.
(e) No approvals shall be granted for any application, license, or other request submitted to the Village Engineer, Street Commissioner, Zoning Inspector, Planning Commission, and/or the Board of Zoning Appeals unless and until the required initial and/or supplemental Deposit have been made.
(f) The commencement, undertaking and/or completion of any construction, grading, soil preparation or other activity conducted by an applicant related to a project that requires a Deposit under this Codified Ordinance is strictly prohibited until an initial and/or supplemental Deposit has been made. Any such work completed without the submission of an initial and/or supplemental Deposit shall be subject to removal and/or demolition by the Village at the applicant's costs.
(Ord. 2017-7-15. Passed 9-12-17.)