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Cedarville Village City Zoning Code

CHAPTER 1137

Administrative Procedures

1137.01 ZONING PERMIT REQUIRED.

   No person shall change any use of land, locate, erect, construct, reconstruct, enlarge or structurally alter any building or structure within the Village without first obtaining a Zoning Permit. No Zoning Permit shall be issued unless the plans for the proposed building or structure or use of land fully comply with the provisions of this Regulation, unless the Zoning Inspector receives a written order from the Board of Zoning Appeals deciding an appeal, a variance, or conditional use. A Zoning Permit shall be required for all dwellings, all principal structures and uses, all accessory structures unless otherwise specified, all specified accessory uses, and all temporary uses.
   (a)   Accompanying Information: A written application and site plan for a Zoning Permit shall be submitted to the Zoning Inspector on forms provided by the Zoning Inspector. The following information shall be required:
      (1)   Name, address, and phone number of applicant;
      (2)   Date;
      (3)   The name of the subdivision and the lot number or other information necessary to establish the location of the lot;
      (4)   The actual dimensions of the lot based on actual survey, including square footage and/or acreage, the yard and other open space dimensions thereof, and the location and size of any existing structures thereon;
      (5)   The location on the lot and size of any proposed structure and/or the proposed alteration of any existing structure, indicating dimensions, including building height;
      (6)   The number of proposed dwelling units, and the total residential floor area and the number of bedrooms to be included in each dwelling unit;
      (7)   A permit from the Greene County Health Department or Ohio Environmental Protection Agency for onsite wastewater disposal, where applicable, illustrating the location of primary and secondary leaching field locations;
      (8)   The proposed parking plan and number and location of proposed off-street parking or loading spaces;
      (9)   A plan for screening when applicable;
      (10)   A statement by the applicant attesting to the truth and exactness of all information supplied on the application;
      (11)   A statement that the permit shall expire and shall be revoked if work has not been started and substantially pursued within one (1) year of its issue date;
      (12)   Such other information as may be necessary to determine conformance with this Regulation; and
      (13)   A fee as established by the Village Council.
   (b)   Processing of Permit: Within thirty (30) days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Regulation. If the application is approved, the Zoning Inspector shall issue a Zoning Permit. One copy of the application shall be returned to the applicant by the Zoning Inspector after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of the application similarly marked shall be retained by the Zoning Inspector and filed. After the Zoning Inspector issues a Zoning Permit, he shall issue a placard to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Regulation.
In the event an application involves land within three hundred (300) feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification of local officials by the Director of the Ohio Department of Transportation or any land within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall require a third application for a Zoning Permit and send it to the Director of the Ohio Department of Transportation by registered mail for review. If the Director of the Ohio Department of Transportation notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the Zoning Permit. If the Director of the Ohio Department of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest or upon the expiration of the one hundred twenty (120) day period or any extension thereof agreed upon by the Director of the Ohio Department of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provisions of this Regulation, issue the Zoning Permit.

1137.02 CONDITIONAL USE PERMITS.

   Conditional uses shall be permitted only upon issuance of a Conditional Use Permit by the Zoning Inspector after approval by the Board of Zoning Appeals. At a minimum, the application shall contain the following information:
   (a)   Application: An application for a Conditional Use Permit by at least one owner of the property is required prior to any authorization by the Board of Zoning Appeals. At a minimum, the application shall contain the following information:
      (1)   Name, address, and telephone number of applicant;
      (2)   Date;
      (3)   The lot, name, and number or legal description of the property;
      (4)   Description of existing zoning district;
      (5)   Description of the proposed Conditional Use;
      (6)   A site plan of the proposed site for the Conditional Use showing the scale, north arrow, location of all buildings, parking and loading areas, traffic access and traffic circulation, sidewalks, curbs, open spaces, landscaping, refuse and service areas, fire hydrants, utilities, rights-of-way, signs, yards, and such other information as the Board of Zoning Appeals may require to determine if the proposed Conditional Use meets the intent and requirements of this Regulation;
      (7)   A plan for screening when applicable;
      (8)   A narrative statement discussing the merits of the proposal;
      (9)   Such other information as may be required by the Board of Zoning Appeals; and
      (10)   A fee as established by the Village Council.
   (b)   Conditional Use Standards: Conditional Uses may be permitted provided that such uses shall be found to comply with the following requirements and all other applicable requirements as set forth in this Regulation:
      (1)   The use is so designed, located and proposed to be operated so that the public health, safety, welfare and convenience will be protected;
      (2)   The use will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance;
      (3)   The use will be designed, constructed, operated, and maintained so that it shall not cause substantial injury to the value of the property in the area or neighborhood where it is to be located;
      (4)   The use shall be compatible with adjoining development and the proposed character of the zoning district where it is to be located;
      (5)   The use will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide any such services adequately;
      (6)   The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
      (7)   Adequate landscaping and screening are provided, as required under Section 1117.15 ;
      (8)   Adequate off-street parking and loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets;
      (9)   The use conforms with all applicable regulations governing the district in which it is located, except as may otherwise be determined for planned unit development;
      (10)   The use is compatible with the standards, objectives, and policies of Perspectives: A Future Land Use Plan for Greene County, Ohio;
      (11)   The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odors, or vibrations; and
      (12)   Any other supplementary requirements as prescribed by the Board of Zoning Appeals.
   (c)   Processing of Conditional Uses: The Board of Zoning Appeals shall hold a public hearing within twenty (20) days from the receipt of the application. Before holding the public hearing, notice of such hearing shall be given in one (1) or more newspapers of general circulation within the Village at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed Conditional Use. Before holding the public hearing, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least ten (10) days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers. Within thirty (30) days after the hearing, the Board of Zoning Appeals shall either approve, approve with supplementary conditions, or disapprove the application as presented. If the application is disapproved by the Board of Zoning Appeals, the applicant may seek relief through the Court of Common Pleas.
   (d)   Expiration of Conditional Use Permits: A conditional use permit shall be deemed to authorize only one particular conditional use. The Conditional Use Permit shall automatically expire if, for any reason, the conditional use shall cease for more than six (6) months, or construction is not begun within the amount of time indicated on the Conditional Use Permit.

1137.03 APPEALS AND VARIANCES.

   It is the purpose of this Section to establish procedures and requirements for the hearing of appeals and variances. As is specified in Section 1133.03, the Board of Zoning Appeals has appellate jurisdiction relative to appeals and variances.
   (a)    Appeals. Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Regulation may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the Village affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty (20) days after the decision by filing, with the Zoning Inspector and with the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed was taken.
   (b)    Stay of Proceedings. An appeals stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
   (c)    Variance. The Board of Zoning Appeals may authorize, upon appeal in specific cases, such variance from the terms of this Regulation as will not be contrary to the public interest or the intent of this Regulation, but only where strict interpretation would result in unnecessary hardship. No non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted or non- conforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance.
   (d)    Application. A variance from the terms of this Regulation shall not be granted by the Board of Zoning Appeals unless the applicant has provided sufficient evidence to warrant the granting of a variance, and a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Appeals containing, at a minimum, the following information:
      (1)   Name, address, and telephone number of applicant;
      (2)    Legal description of the property;
      (3)    Description and nature of variance requested;
      (4)   A narrative statement demonstrating that the requested variance conforms to the following standards:
         A.    That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
         B.    That a literal interpretation of the provisions of this Regulation would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Regulation.
         C.    That special conditions and circumstances do not result from the actions of the applicant.
         D.    That granting the variance requested will not confer on the applicant any special privilege that is denied by this Regulation to other lands, structures, or buildings in the same district.
         E.    That an economic hardship, requesting a more intensive use of the property than would normally be permitted, is not the only nor the primary factor for requesting the variance; and
      (5)    A fee as established by the Village Council.
   (e)    Granting of Variances. The burden of proof for granting a variance, shall rest with applicant. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with the Regulation. Violation of such conditions and safeguards, when made part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Regulation and punishable under Section 1137.06. Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Regulation in the district involved, or any use expressly or by implication prohibited by the terms of this Regulation in said district.
   (f)    Processing Appeals and Variances. The Board of Zoning Appeals shall hold a public hearing within twenty (20) days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
      Before holding the required public hearing, notice of such hearing shall be given in one or more newspapers of general circulation within the Village at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
      Before holding the required public hearing, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least ten (10) days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers.
      All costs resulting from additional services requested by applicant for the purpose of processing an appeal and/or variance shall be paid by applicant.
      (Ord. 2022-04. Passed 3-14-22.)

1137.04 AMENDMENT AND DISTRICT CHANGES.

   Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Village Council may, by Ordinance after receipt of recommendations from the Planning Commission and subject to procedures provided by law,  amend, supplement, change, or repeal the regulations, restrictions, and district boundaries or classification of property.
   (a)   Initiation of Amendments: Amendments to this Regulation may be initiated in one of the following ways:
      (1)   By adoption of a motion by the Planning Commission.
      (2)   By adoption of a resolution by the Village Council; or
      (3)   By the filing of an application by at least one (1) owner or his designee or property within the area proposed to be changed or affected by said amendment.
   (b)   Application for Amendments: The application for amendment shall contain at a minimum the following information in triplicate:
      (1)   Name, address, and telephone number of applicant;
      (2)   Date;
      (3)   Legal description of the property;
      (4)   Present use;
      (5)   Present zoning district;
      (6)   Proposed use;
      (7)   Proposed zoning district;
      (8)   A vicinity map at a scale approved by the Planning Commission showing property lines, streets, existing and proposed zoning, and such other items as the Planning Commission may require;
      (9)   Proposed amendment to the text;
      (10)    A list of all property owners within five hundred (500) feet of, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned, and others that may have a substantial interest in the case;
      (11)   A statement on how the proposed amendment relates to Perspectives: A Future Land Use Plan for Greene County, Ohio, and
      (12)   A fee as established by the Village Council.
All applicants submitting requests for change in district boundaries on the Official Zoning District Map shall be required to post a sign upon the property in question within five (5) days after the submission of an application. Such sign shall be clearly visible from the street, or in the case of two or more streets, that street with the greater average traffic flow.
Such sign shall state "THIS PROPERTY IS BEING CONSIDERED FOR REZONING." "FOR INFORMATION CALL CEDARVILLE VILLAGE." and shall also denote the present and proposed zoning district classification for the site. No zoning permit shall be required. However, the location and size of such sign shall be subject to approval by the Zoning Inspector.
   (c)   Procedure for Amendments: In the event that a proposed rezoning is located adjacent to another political jurisdiction, an additional copy of the application shall be provided and forwarded to the chairman of the Zoning Commission of that jurisdiction. Any comments provided by the adjoining jurisdiction shall be considered at the public hearing of the Planning Commission.
Before any zoning amendment is approved affecting any land within three hundred (300) feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of the Ohio Department of Transportation, or within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Director of the Ohio Department of Transportation. The Planning Commission may proceed as required by law, however, for one hundred twenty (120) days from the date the notice is received by the Director of the Ohio Department of Transportation. If the Director of the Ohio Department of Transportation notifies the Village Council that he shall proceed to acquire any land needed, then the Village Council shall refuse to approve the zoning. If the Director of the Ohio Department of Transportation notifies the Council that acquisition at this time is not in the public interest or upon expiration of the one hundred twenty (120) day period or any extension thereof agreed upon by the Director of the Ohio Department of Transportation and the property owner, the Council shall proceed as required by law.
The Planning Commission shall schedule a public hearing after the adoption of their motion, a transmittal of a resolution from the Village Council, or the filing of an application for Zoning Amendment. Said hearing shall not be less than twenty (20) nor more than forty (40) days from the date of adoption of such motion, transmittal of such resolution, or the filing of such application.
Before the required public hearing, notice shall be given by the Planning Commission by at least one (1) publication in a newspaper of general circulation within the Village at least fifteen (15) days before the date of said hearing. This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to the Village Council for further determination.
If the proposed amendment intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Planning Commission, by first class mail, at least twenty days before the date of the public hearing to all owners of property within five hundred (500) feet of, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list or lists that may be specified by the Village Council. The failure to deliver the notice, as provided in this section, shall not invalidate any such amendment. This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to the Village Council for further determination. In the case of a text amendment or where more than ten (10) parcels of land are being considered, written notice shall not be required.
Within thirty (30) days after the required public hearing, the Planning Commission shall forward with reasons for such recommendation to the Village Council that the amendment be granted as requested, or it may recommend a modification of the amendment requested or it may recommend that the amendment not be granted.
Upon receipt of the recommendation from the Planning Commission, the Village Council shall schedule a public hearing. The date of said hearing shall be not more than thirty (30) days from the receipt of the recommendation from the Planning Commission.
Notice of the required public hearing shall be given by the Village Council by at least one (1) publication in a newspaper of general circulation within the Village. Said notice shall be published at least fifteen (15) days before the date of the required hearing. Such notice shall be mailed by the Clerk of Council, by first class mail, at least twenty (20) days before the day of the hearing to all owners of property within five hundred (500) feet of, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list or lists that may be specified by the Village Council. The failure to deliver the notice as provided in this section shall not invalidate any such amendment. In the case of a text amendment or where more than ten (10) parcels of land are being considered, written notice shall not be required.
Within twenty (20) days after the required public hearing the Village Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event the Village Council denies or modifies the recommendation of the Commission the unanimous vote of the Village Council is required.
Such amendment adopted by the Council shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the adoption of the amendment there is presented to the Council a petition, signed by a number of qualified voters residing in the Village equal to not less than eight (8) percent of the total vote cast for all candidates for Governor in such area at the last preceding general election at which a Governor was elected, requesting the Council to submit the amendment to the electors of such area, for approval or rejection, at the primary or general election.
No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the votes cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.

1137.05 PLANNED UNIT DEVELOPMENTS .

   (a)   Establishment of Planned Unit Developments: Planned Unit Developments may be established by resolution of the Village Council after receipt of recommendation by the Planning Commission, subject to the procedures outlined in this section.
   (b)   Pre-Application Meeting: The applicant shall meet with the Zoning Inspector and the Planning Commission prior to the submission of a preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of the Zoning Regulation and the criteria and standards for planned unit development. In addition, the applicant is encouraged to engage in informal consultation with: the Director of the Regional Planning and Coordinating Commission of Greene County to discuss any pertinent plans and regulations which affect the proposed project, with the Greene County Engineer to discuss thoroughfare plans and platting and subdivision requirements, with the Greene County Sanitary Engineer to discuss water and sanitary sewer systems, with the Greene County Health Department and/or Ohio Environmental Protection Agency to discuss on-site water supply and wastewater disposal, the Greene County Soil and Water Conservation District office to discuss drainage and soil conditions, and with the Greene County Building Regulations Department to discuss applicable building codes.
   (c)   Preliminary Development Plan Application: An application for preliminary plan approval shall be filed with the Zoning Inspector by at least one (1) owner or lessee of property included within the application. At a minimum, and in triplicate, the application shall contain the following:
      (1)   Name, address and telephone number of the applicant.
      (2)   Name, address and telephone number of the property owner(s).
      (3)   Name, address and telephone number of any registered surveyor, engineer, architect and/or urban planner assisting in the preparation of the preliminary development plan;
      (4)   Date of filing;
      (5)   Legal description of the property involved;
      (6)   A vicinity map at a scale of one (1) inch to one thousand (1,000) feet showing property lines, streets, existing zoning classifications, and major identifying landmarks in the vicinity;
      (7)   A preliminary development plan map, or set of maps, at a scale no greater than one (1) inch to one hundred (100) feet illustrating the following at a minimum, including adjacent areas within one hundred (100) feet of the boundary of the site.
         A.   A survey of the parcel(s) of land involved in the project, showing dimensions and bearings of property lines;
         B.   Topography at one (1) foot contour intervals for areas of zero percent (0%) to ten percent (10%) slope, in two (2) foot intervals for areas of ten percent (10%) to twenty percent (20%) slope, and in five (5) foot intervals for areas over twenty percent (20%) slope;
         C.   Existing streets, rights-of-way, easements, walks, bikeways, parks and community spaces, utilities, buildings and/or structures, and streams.
         D.   Soil types, land cover, and areas to developed and left undisturbed;
         E.   Proposed streets, rights-of-way, walks, public spaces, buildings and/or structures, and the layout and approximate dimensions of lots; and
         F.   Stormwater drainage facilities.
      (8)   A general or specific description of the proposed uses for each lot within the project area.
      (9)   Areas without specific plans for future development may be permitted in so far as not more than sixty percent (60%) of the total project area so designated and the proposed underlying zoning district(s) are specified;
      (10)   A general buffering and screening plan, if necessary, and one (1) or more profiles illustrating any relationship between proposed buildings or structures and any adjacent residential districts;
      (11)   A proposed schedule for development of the site;
      (12)   Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within five (5) years.
      (13)   A written statement by the applicant setting forth the reasons why, in his opinion, the planned unit development project would be in the public interest and how it relates to the appropriate land use plans; and
      (14)   A fee as established by the Village Council.
   (d)   Review of Preliminary Plan by Regional Planning and Coordinating Commission: A copy of the application for preliminary development plan approval may be forwarded to the Regional Planning and Coordinating Commission of Greene County within five (5) days after it is accepted by the Zoning Inspector. The Regional Planning and Coordinating Commission may then provide informal comments and recommendations to the Planning Commission.
   (e)   Review and Action on Preliminary Plan by Planning Commission: Within thirty (30) days after it is filed, the preliminary development plan shall be approved in principle, with or without conditions, or disapproved by the Planning Commission. The Planning Commission shall determine if the application is consistent with the intent and purposes of this Zoning Regulation, whether the application advances the general welfare of the neighborhood and the community, and whether the benefits, combinations of various land uses, and the inter-relationship with the land uses in the surrounding area justify the deviation from standard district regulations. Approval of the preliminary development plan shall not be construed to endorse a precise location of uses, configuration of parcels, or feasibility of the proposed project.
   (f)   Final Development Plan Application: After approval in principle has been given for an application, a preliminary development plan may be filed with the Zoning Inspector by at least one owner or lessee of property included within the application.
   At a minimum the application shall contain the following information:
      (1)   Date of filing;
      (2)   Name, address, and telephone number of applicant, property owner(s), and registered surveyor, engineer, architect, or urban planner assisting in the preparation of the final development plan;
      (3)   A vicinity map as required for preliminary approval;
      (4)   At least five (5) copies of the final development plan map or set of maps at a scale no greater than one (1) inch to one hundred (100) feet illustrating the following at a minimum, including adjacent areas within one hundred (100) feet of the boundary of the site:
         A.   A survey of the parcel (s) of land involved in the project, showing dimensions and bearings of the property lines;
         B.   The layout and dimensions of proposed lots;
         C.   Existing and proposed topography at one (1) foot contour intervals for areas of zero percent (0%) to ten percent (10%) slope, in two (2) foot intervals for areas of ten percent (10%) to twenty percent (20%) slope and five (5) foot intervals for areas over twenty percent (20%) slope;
         D.   Existing and proposed streets, rights-of-way, easements, walks, bikeways, parks and public spaces, utilities, buildings and/or structures, storm drainage facilities, waste disposal facilities, and watercourses;
         E.   Documentation of the acreage of the site devoted to buildings, streets, parking/loading /drive-through facilities, and landscaped or undisturbed areas;
         F.   Existing and proposed zoning districts; and
         G.   Proposed landscaping and buffering and screening, where applicable, showing types and locations of plantings;
      (5)   Documentation of the number and type of dwelling units, including minimum floor area, for residential developments;
      (6)   Engineering feasibility studies and plans showing, as necessary, water, sewer, and drainage installations, street improvements, and earthwork required for site preparations;
      (7)   A schedule for development of the project, by section;
      (8)   Common open space and recreational facilities, including proposed provisions for their care and maintenance. Copies of proposed articles of incorporation and by-laws of any private entity proposed to maintain such areas shall be submitted, otherwise, a copy of the acceptance of such areas by a governmental entity shall be submitted; and
      (9)   The Planning Commission may waive any of the above requirements as deemed inappropriate for the type of development proposed.
   (g)   Required Public Hearing by Planning Commission: Within thirty (30) days after filing of the final development plan, the Planning Commission shall hold a public hearing. Such hearing shall require notice as specified under Section 1137.04 .
   (h)   Recommendation by Planning Commission: Within thirty (30) days after required Public Hearing, and receipt of recommendation from the Regional Planning and Coordinating Commission, the Planning Commission shall recommend to the Village Council that the final development plan be approved as presented, approved with supplementary conditions, or disapproved. The Planning Commission shall then transmit all papers constituting the record and the recommendations to the Village Council.
   Before making its recommendation to the Village Council as required, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
      (1)   The planned unit development is consistent in all respects with the purpose and intent of this Zoning Regulation;
      (2)   The proposed development advances the general welfare of the community and the immediate vicinity with no adverse effect to the adjoining or surrounding development and the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
      (3)   The site will be accessible from public thoroughfares adequate to carry the traffic which will be imposed upon them by the proposed development and the streets and driveways on the site of the proposed development will be adequate to serve the residents or occupants of the proposed development;
      (4)   The development will not impose an undue burden on public services and facilities, including fire and police protection and the existing and proposed utility services are adequate for the population densities and non-residential uses proposed;
      (5)   Each individual section of the development, as well as the total development, can exist as an independent section capable of creating an environment of sustained desirability and stability or that adequate assurance has been provided that such objective will be attained;
      (6)   Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accord with the planned unit development and the adopted policy of the Planning Commission and the Village Council;
      (7)   If governmental ownership of common open space or recreational facilities is planned, a copy of its acceptance has been filed with the application. If it is proposed that such open space be owned and/or maintained by an entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted; and
      (8)   The Planned Unit Development can be substantially completed within the time specified in the schedule of development submitted by the developer and that implementation of the proposed development will begin within five (5) years after the date of approval.
   (i)   Public Hearing and Action by Village Council: Within thirty (30) days after the receipt of the recommendation from the Planning Commission, the Village Council shall hold a public hearing and give notice of such hearing as specified in Section 1137.04 . Within twenty (20) days of the close of the required public hearing, the Village Council shall accept or reject the recommendation of the Planning Commission, or shall approve some modification thereof.
   (j)   Period of Validity: If no construction has begun within five (5) years after approval is granted, the approval shall become void and the land shall revert to the standard district regulations in which it is located. An extension of the time limit of the approved final development plan may be approved if the Village Council and Planning Commission find that such extension is not in conflict with the public interest. No zoning amendment passed during the time period granted for the approval period shall in any way affect the terms under with approval of the Planned Unit Development was granted.
   (k)   Revision or Modification of Final Development Plan: Minor revision to the final development plan in such areas as lot lines, screening plan, loading and unloading space locations, parking provisions, may be approved without following all of the required procedures under this Section, if the Planning Commission and Village Council find that such revision is not in conflict with the intent of the approved final development plan and the public interest. All other modifications to an approved development plan require all of the procedures of this section to be followed.

1137.06 VIOLATIONS AND PENALTIES.

   (a)   Violation of the provisions of this Regulations or failure to comply with any of its requirements, including violations of conditions and safeguards established in various sections of this Regulation, including those established by the Board of Zoning Appeals for Conditional Uses, shall constitute a misdemeanor. Any person who violates this Regulation or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one hundred dollars ($100.00) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violation.
   (b)    Whenever a violation of this Regulation occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Inspector who shall record properly such complaint, immediately investigate, and take action thereon as provided in this section.