Edon City Zoning Code
CHAPTER 1191
Administration
1191.01 PURPOSE.
This chapter sets forth the powers and duties of the Planning and Zoning Commission, the Village Council, and the Zoning Inspector with respect to the administration of the provisions of this Ordinance.
(Ord. 05-08. Passed 4-10-08.)
1191.02 GENERAL PROVISIONS.
The formulation, administration and enforcement of this Zoning Ordinance is hereby, vested in the following offices and bodies within the Village of Edon:
(a) Zoning Inspector.
(b) Planning and Zoning Commission.
(c) Village Council.
(d) Village Attorney.
(Ord. 05-08. Passed 4-10-08.)
1191.03 ZONING INSPECTOR.
A Zoning Inspector designated by the Mayor, with the concurrence of a majority of the members of Council, shall administer and enforce this Ordinance.
He/she may be provided with the assistance of such other persons as the Mayor may direct.
(Ord. 05-08. Passed 4-10-08.)
1191.04 RESPONSIBILITIES OF ZONING INSPECTOR.
For the purpose of this Ordinance, the Zoning Inspector should have the following duties:
(a) Enforce the provisions of this Ordinance and interpret the meaning and applications of its provisions.
(b) Respond to questions concerning applications for amendments to the Zoning Ordinance text and the Village of Edon Zoning Map.
(c) Issue zoning permits and certificates of occupancy as provided by this Ordinance, and keep a record of same with a notation of any special conditions involved.
(d) Act on all applications upon which he/she is authorized to act by the provisions of this Ordinance within thirty (30) days or notify the applicant in writing of his or her refusal or disapproval of such application and the reasons, therefore, failure to notify the applicant, in case of such refusal or disapproval, within specified time shall entitle the applicant to submit his or her request to the Planning and Zoning Commission.
(e) Conduct inspections of buildings and uses of land to determine compliance with this Ordinance and in the case of any violation to notify, in writing, the person(s) responsible, specifying the nature of the violation and ordering corrective action.
(f) Maintain in current status the Village of Edon Zoning Map which shall be kept on permanent display in the Village offices.
(g) Maintain permanent and current records required by this Ordinance, including, but not limited to zoning permits, zoning certificates, inspection documents, and records of all variances, amendments, and special uses.
(h) Make such records available for the use of the Village Council, the Planning and Zoning Commission, and the public.
(i) Review and approve site plans pursuant to this Ordinance.
(j) Determine the existence of any violations of this Ordinance, and cause such notifications, revocation notices, stop orders, or tickets to be issued, or initiate such other administrative or legal action as needed, to address such violations.
(k) Prepare and submit an annual report to the Village Council and Planning and Zoning Commission on the administration of this Ordinance and setting forth such information as may be of interest and value in advancing and furthering the purpose of this Ordinance. Such report shall include recommendations concerning the schedule of fees.
(Ord. 05-08. Passed 4-10-08.)
1191.05 PLANNING AND ZONING COMMISSION.
The Planning and Zoning Commission is designated by the Mayor according to Section 1191.06. The main function of the Commission is to make recommendations to the Council concerning special use permits, site plans, and changes to the Zoning Ordinance. Additionally, the Planning and Zoning Commission acts as a quasi-judicial body that shall hear variance appeals and decide whether or not to grant the appeal. More specific responsibilities of the Planning and Zoning Commission are detailed in Section 1191.08.
(Ord. 05-08. Passed 4-10-08.)
1191.06 PLANNING AND ZONING COMMISSION APPOINTMENT AND TERM LENGTH.
The Commission shall be composed of five (5) members who reside in the incorporated area of the Village and shall include the Mayor, one member of the Village Council, and three (3) additional citizens to be appointed by the Mayor. The term of the council member shall be the remainder of his/her elective term. He/she can be re-elected for a maximum of a six (6) year term and shall be prohibited from becoming a member of the Planning and Zoning Commission for two (2) years after the completion of a term on the commission. The citizens appointed by the Mayor shall have a term of six (6) years, except that the term of one (1)of the members on the first commission shall be four (4) years, and one for two (2) years. All members shall serve without compensation.
(Ord. 06-20. Passed 5-18-20.)
1191.07 PROCEEDINGS OF PLANNING AND ZONING COMMISSION.
The Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance., Commission meetings shall be held at the call of the chairman and at such other times as the Commission may determine., All meetings shall be open to the public. The 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 a public record and be immediately filed in the office of the Commission. The presence of three members shall constitute a quorum. The concurring vote of three (3) members of said Commission shall be necessary to reverse an order, requirement, decision, or determination of the Zoning Inspector in matters of appeal.
(Ord. 05-08. Passed 4-10-08.)
1191.08 DUTIES OF PLANNING AND ZONING COMMISSION.
For the purpose of this Ordinance, the Commission shall have the following duties:
(a) Recommend the proposed Zoning Ordinance, including text and Village Zoning Map to the Village of Edon Council for formal adoption.
(b) Initiate advisable Village Zoning Map changes or changes in the text of the Zoning Ordinance where same will promote the best interest of the public, in general, through recommendations to the Village Council.
(c) Review all proposed amendments to the text of this Ordinance and the Village Zoning Map and make recommendations to the Village Council.
(d) Review all special uses as identified in the respective zoning districts according to Chapter 1177.
(e) Carry on a continuous review of the effectiveness and appropriateness of this Ordinance and recommend such changes or amendments as it feels would be appropriate.
(f) Hear and decide appeals from denied permits where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector.
(g) Authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where owing to the special conditions, a literal enforcement of this Ordinance will result in unnecessary hardship and so that the spirit of this Ordinance shall be observed and substantial justice done.
(Ord. 05-08. Passed 4-10-08.)
1191.09 INTERPRETATION OF USES NOT FOUND IN THE ZONING DISTRICTS.
In case of a use that is not, specifically, mentioned in this Ordinance, the Planning and Zoning Commission shall classify the use of a similar nature to a use that is already listed in this Ordinance. The use that is approved as a similar use shall be recommended by the Planning and Zoning Commission for addition to the permitted uses in the zoning districts previously described in this Ordinance.
(Ord. 05-08. Passed 4-10-08.)
1191.10 DUTIES OF THE ZONING INSPECTOR, PLANNING AND ZONING COMMISSION, LEGISLATIVE AUTHORITY, AND COURTS ON MATTERS OF APPEAL.
It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector and that such questions shall be presented to the Planning and Zoning Commission only on appeal from the decision of the Zoning Inspector and that recourse from the decisions of the Planning and Zoning Commission shall be to the courts, as provided by law. It is further the intent of this Ordinance that the duties of the Village Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Ordinance. Under this Ordinance, the Village Council shall only have the duties of considering and adopting or rejecting proposed amendments or the repeal of this Ordinance, as provided by law, and of establishing a schedule of fees and charges as stated in Section 1191.13 of this Ordinance. Nothing in this Ordinance shall be interpreted to prevent any official of the Village of Edon from appealing a decision of the Commission to the courts as provided in Chapters 2505 and 2506 of the Ohio Revised Code. Any such appeal shall be made within 10 days of the Commissions written decision.
(Ord. 05-08. Passed 4-10-08.)
1191.11 VILLAGE COUNCIL.
The powers and duties of the Village of Edon Council pertaining to the Zoning Ordinance are as follows:
(a) Approved the appointments of members to the Planning and Zoning Commission.
(b) Initiate or act upon suggested amendments to the Zoning Ordinance text or Village of Edon Zoning Map. Final action upon a suggested zoning amendment shall be undertaken at a public hearing.
(c) Over-ride a written recommendation of the Planning and Zoning Commission on a text or map amendment provided that such legislative action is passed by a vote of not less than three-quarters (¾) of the Village Council.
(Ord. 05-08. Passed 4-10-08.)
1191.12 REMOVAL FOR MISCONDUCT AND VACANCY APPOINTMENTS.
Each member of the Planning and Zoning Commission shall serve until his or her successor is appointed and qualified. Members shall be removable for non-performance of duty, misconduct in office, or other reasonable cause by the Mayor upon written charges and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten (10) days prior to the hearing, either personally or by registered mail, or by leaving the same at his or her place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by appointment by the Mayor and shall be for the unexpired term.
(Ord. 05-08. Passed 4-10-08.)
1191.13 SCHEDULE OF FEES.
The Village Council shall by Resolution establish a schedule of fees for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals, and other procedures and services pertaining to the administration and enforcement of this Ordinance after considering the recommendations of the Zoning Inspector with respect to actual administrative costs, both direct and indirect. The schedule of fees shall be posted in the office of the Zoning Inspector and may be altered or amended only by the Village Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure.
(Ord. 05-08. Passed 4-10-08.)