Cedarville Village City Zoning Code
CHAPTER 1133
Administrative Bodies
1133.01 VILLAGE COUNCIL.
(a) Duties: The Village Council shall be responsible for the following duties in addition to those assigned by Ohio Revised Code:
(1) Appointments and Removals: Appoint and/or remove a Zoning Inspector, members of the Planning Commission, and members of the Board of Zoning Appeals.
(2) Fee Schedule: Establish a schedule of fees for issuing zoning permits, processing appeals, variances, conditional use authorizations, amendments, and any other zoning actions requiring postage, legal advertising, inspections, or general processing of applications;
(3) Amendments: Consider and adopt, reject or modify all proposed amendments to this Zoning Regulation as provided in Chapter 1137.
(4) Planned Unit Developments: Consider and adopt, reject, or modify all planned unit development applications as provided in Chapter 1137.
(Ord. 2008-04. Passed 8-11-08.)
(b) Interpretation and Enforcement: It is the intent of this Zoning Regulation that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning Inspector and that recourse from the decisions of the Board of Zoning Appeals shall be by administrative appeal to the Village Council for hearing and determination. Any appeal from the decision of the Village Council shall be to the Court of Common Pleas as provided by law.
(Ord. 2024-03. Passed 12-9-24.)
1133.02 PLANNING COMMISSION.
(a) Duties: The Planning Commission shall be responsible for the following duties:
(1) Amendments: Initiate or review all proposed amendments to this Regulation and make recommendations to the Village Council in accordance with Chapter 1137.
(2) Planned Unit Developments: Review all proposed planned unit development applications as provided in Chapter 1137.
(3) Review of Land Use Plan and Zoning Regulation: Review the Land Use Plan and the Zoning Regulation for additions, deletions and changes no less frequently than each two years with the Land Use Plan falling in the odd years and the Zoning Regulation the even years, during the first three (3) months of the calendar year. Recommendations shall be presented to the Village Council.
(b) Creation and Membership: The Village Council shall create and establish the Planning Commission. The Planning Commission shall be composed of three members appointed by the Village Council plus one member of Council and the Mayor who reside in the incorporated area of the Village. The terms of the members shall be of such length and so arranged that the term of one member will expire each year, thus each member shall serve a three (3) year term. Each member shall serve until his successor is appointed and qualified. Members may be reappointed to successive terms by the Council. Vacancies shall be filled by Council for unexpired term.
(c) Removal of Member: Members of the Planning Commission shall be removable by the Village Council for nonperformance of duty, misconduct in office, or other cause upon written charges being filed with the Village Council after a public hearing has been held regarding such charges. A copy of the charges shall be served upon the member so charged at least ten (10) days prior to such hearing, either personally, by registered mail, or by leaving such copy at his or her usual place of residence. The member shall be given an opportunity to be heard and answer such charges.
(d) Organization: The Council member shall chair the Planning Commission and a recorder shall be chosen from the citizen members. The Commission shall adopt the rules necessary for the conduct of its affairs in keeping with the provisions of this Zoning Regulation.
(e) Meetings: Meetings shall be held at the call of the Chair and at such other times as the Planning Commission may determine. A majority of the Planning Commission shall constitute a quorum for conducting business. The Chair, or in his/her absence, the acting Chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Planning Commission shall keep minutes of its proceedings, and shall keep records of its examinations and other official actions, all of which shall be a public record.
(f) Official Action: The Planning Commission shall act by resolution or motion on which a majority of the members must concur in any action before the Commission. The results of such resolution or motion shall be forwarded to the Council for their action, showing the vote of each member upon question, or if absent or failing to vote, indicating such fact, except as may otherwise be provided herein. In the event of a tie vote, the motion only fails, a further motion must be brought to a vote to resolve the issue. If an issue cannot gain a simple majority motion vote at a meeting, then said issue is to be continued until a majority motion vote is taken. A motion can only be voted upon by members who are present at a meeting.
1133.03 BOARD OF ZONING APPEALS.
(a) Duties: The Board of Zoning Appeals shall be responsible for the following duties:
(1) Appeals from Administrative Decision: To hear and decide appeals in accordance with Chapter 1137, where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector. The consideration of such appeals in accordance with Article ____, Section ____, Appeals shall include but not be limited to the following:
A. To determine if uses not specifically mentioned in this Regulation are similar to uses permitted within a district in accordance with Article _____, Section _______;
B. To determine the exact location of any district boundary in accordance with Article _____, Section _____, if there is any uncertainty as to the exact location involved.
(2) Authorize Variances: To authorize, upon appeal, in specific cases, such variances from the terms of this Zoning Regulation as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of this Zoning Regulation will result in unnecessary hardship, and so that the spirit of this Zoning Regulation shall be observed and substantial justice done. The consideration of such variances shall be in accordance with Chapter 1137.
(3) Conditional Uses: To grant conditional use authorization for specified use of land, buildings, or other structures where the spirit of this Zoning Regulation is observed.
(b) Creation and Membership: The Village Council shall appoint the Board of Zoning Appeals. The Board of Zoning Appeals shall be composed of five members who shall be residents of the incorporated territory of the Village. The terms of members shall be such length and so arranged that the term of one member shall expire each year, thus each member shall serve a five (5) year term. Each member shall serve until his successor is appointed and qualified. Vacancies shall be filled by the Village Council and shall be for the unexpired term.
(c) Removal of Member: Members of the Board of Zoning Appeals shall be removable by the Village Council for nonperformance of duty, misconduct in office, or other cause upon written charges being filed with the Council after a public hearing has been held regarding such charges.
A copy of the charges shall be served upon the member so charged at least ten (10) days prior to such hearing, either personally, by registered mail, or by leaving such copy at his or her usual place of residence. The member shall be given an opportunity to be heard and answer such charges.
(d) Organization: The Board of Zoning Appeals shall elect its own officers annually and shall adopt the rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Regulation.
(e) Meetings: Meetings shall be held at the call of the chair and at such other times as the Board of Zoning Appeals may determine. A majority of the members of the Board of Zoning Appeals shall constitute a quorum for the conducting of business. The chair or, in his absence, the acting chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board of Zoning Appeals shall keep minutes of its proceedings, showing the vote of each member upon 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 a public record.
(f) Official Action: The Board of Zoning Appeals shall act by resolution or motion on which three members must concur, otherwise no official action is taken. The results of such action shall be forwarded to the applicant, showing the vote of each member upon each question, or if absent, or failing to vote indicating such facts and a statement of the facts of each appeal considered by the Board of Zoning Appeals, and the section(s) of this Zoning Regulation where applicable which the Board of Zoning Appeals has considered in approving or disapproving any petition or other matter brought before it. The Board of Zoning Appeals may reconsider any official action based upon the uncovering of a procedural error or if information which was a part of the basis for decision was found to be invalid or if additional pertinent information becomes available.
1133.04 VILLAGE ZONING INSPECTOR.
(a) Duties: The Village Zoning Inspector shall be responsible for the following duties:
(1) Zoning Permits: The Zoning Inspector shall review all applications for Zoning Permits within the Village and insure they conform to all applicable provisions of this Regulation before issuing a Zoning Permit. A record of all such permits shall be maintained.
(2) On-Site Inspections: The Zoning Inspector may periodically conduct on-site inspections to insure that actual construction and/or use conforms to the Zoning Permit;
(3) Notify and Order Zoning Violations Corrected: The Zoning Inspector, upon finding that any of the provision of this Regulation are being violated, shall notify, in writing, the person responsible for such violation and order the action necessary to correct such violation.
(4) Order Illegal Uses Discontinued: The Zoning Inspector may order discontinuance of illegal uses of land, building or structures,
(5) Order Illegal Buildings or Structures Removed: The Zoning Inspector may order removal of illegal buildings or structures or illegal additions or structural alterations.
(6) Review of Subdivision Applications: The Zoning Inspector shall review all applicable applications for subdivision plats and lot splits which are submitted to the Planning Commission in order to determine if the plat or lot split conforms to all applicable provisions of this Zoning Regulation.
(7) Maintain Official Zoning District Map: The Zoning Inspector may, if so designated by the Village Council, maintain the original official Zoning District Map and at least one copy thereof.
(b) Creation, Modification, or Termination: The Village Council may create, modify, or terminate the position of Village Zoning Inspector in accordance with the Ohio Revised Code.