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Enon City Zoning Code

TITLE SEVEN

Zoning Administration and Enforcement

1181.01 ENFORCEMENT BY THE ZONING INSPECTOR.

   There is hereby established the Village of Enon Zoning Inspector. Council shall appoint a Zoning Inspector together with such assistants as Council deems necessary, fix the compensation for such position, and make disbursements thereof. It shall be the duty of the Zoning Inspector, as provided under Ohio R.C. 713.01 et seq., to enforce this Zoning Ordinance in accordance with the administrative provisions of the Zoning Ordinance. All departments, officials, and public employees of Clark County or Enon which are vested with the duty or authority to issue certificate or license shall conform to the provisions of this Zoning Ordinance and shall issue no certificate or license for any use, building, or purpose, if the same is in conflict with the provisions of this Zoning Ordinance. Any certificate or license issued in conflict with the provisions of this Zoning Ordinance shall be null and void.
(Ord. 74-8. Passed 10-3-74.)

1181.02 ZONING CERTIFICATES.

   Until a zoning certificate has been obtained from the Zoning Inspector.
   (a)   The construction, building, moving, remodeling, or reconstruction of any building or structure shall not be commenced.
   (b)   The improvement of land preliminary to any use of such land shall not be commenced.
   (c)   The use of land, buildings, or structures for temporary and accessory uses and home occupations shall not be commenced.
   (d)   A certificate pertaining to the temporary or permanent use of land, buildings, or structures shall not be issued by any official, officer, employee, department, or board of the Village of Enon or Clark County.
      (Ord. 74-8. Passed 10-3-74.)
   (e)   An inspection by the Zoning Inspector shall be required prior to pouring concrete for footers, patios, pads, and other similar applications.
      (Ord. 2005-07. Passed 8-23-05.)

1181.03 APPLICATION FOR ZONING CERTIFICATES.

   Each application for a zoning certificate shall be accompanied by a plan in duplicate drawn to a scale, one copy of which shall be returned to the owner upon approval or disapproval. The plan shall show the following:
   (a)   The actual dimensions of the lot including easements.
   (b)   The exact size and location of all buildings existing on the lot.
   (c)   The proposed new construction.
   (d)   The existing and intended use of all parts of the land or buildings.
   (e)   Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Zoning Ordinance.
      (Ord. 74-8. Passed 10-3-74.)

1181.04 ISSUANCE OF ZONING CERTIFICATES.

   Zoning certificates shall normally be issued or refusal thereof given within twenty working days after the date of application. Written notice of such refusal and reason thereof shall be given to the applicant.
(Ord. 74-8. Passed 10-3-74.)

1181.05 PERIOD OF VALIDITY.

   A zoning certificate shall become null and void twelve months after the date on which it is issued unless within such twelve months period construction, building, moving, remodeling, or reconstruction of a building or structure is commenced or use is commenced.
(Ord. 74-8. Passed 10-3-74.)

1181.06 VIOLATIONS; REMEDIES.

   In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used, or any land is or is proposed to be used in violation of this Zoning Ordinance or any amendments or supplements thereto: Council, the Zoning Inspector, or Building Inspector, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action, proceedings to prevent, enjoin, abate, or remove such unlawful location, erection, construction, enlargement, change, maintenance, or use.
(Ord. 74-8. Passed 10-3-74.)

1181.07 FEES.

   (a)   Any application under this Zoning Ordinance for a zoning permit, variance, conditional use permit, or Planning Commission hearing shall be accompanied by a fee as specified by ordinance. There shall be no fee, however, in the case of an application filed by Council or the Planning Commission.
(Ord. 03-09. Passed 3-25-03.)
   (b)   Current fees are as follows:
      (1)   Zoning Permit (Construction): $.02 per square foot of construction area, with a minimum fee of $25.00.
      (2)   Zoning Permit (Other): $25.00.
      (3)   Variance Application: $50.00.
      (4)   Conditional Use Permit: $50.00.
      (5)   Planning Commission Hearing: $75.00.
      (6)   Inspection for footers and concrete: $20.00
         (Ord. 2005-07. Passed 8-23-05.)
         
   (c)   The above stated fees shall be in addition to any additional fees which may be imposed under applicable Ordinance of Enon or Resolution of Clark County. The fees imposed by this section are only intended to defer in part the costs involved in such applications, such as publishing and/or posting and mailing the notices of the hearing or hearings. Such fees are not refundable regardless of the outcome of the application.
(Ord. 93-12. Passed 12-14-93.)

1181.99 PENALTY.

   It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any regulation in or any provision of this Zoning Ordinance or any amendment or supplement thereto adopted by Council under Ohio R.C. Ch. 713. Any person, firm, or corporation violating any regulation in or any provision of this Zoning Ordinance or any amendment or supplement thereto shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00) . Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance of use continues shall be deemed a separate offense.
(Ord. 74-8. Passed 10-3-74.)

1183.01 ESTABLISHMENT.

   (a)   The Board of Zoning Appeals for the Village is hereby created. Such Board shall consist of five regular members and two alternate members, each of whom shall be appointed by the Village Council and shall be residents of the incorporated areas of Enon included in this Zoning Plan. The terms of all members shall be of such length and so arranged that the terms are overlapping. Each member shall serve until his successor is appointed and qualified. If for any reason a member of the Board of Zoning Appeals (whether regular or alternate) becomes unable to fulfill his or her duties before the expiration of his or her term, the Village Council shall fill any such vacancy for the remainder of the member's term.
   (b)   Should a regular member of the Board of Zoning Appeals be unable to attend a meeting of the Board, the Clerk of the Board of Zoning Appeals shall contact the alternate member to take the place of the absent regular member. The alternate member shall only be allowed to fill in for one regular member at any given meeting of Board. When attending a meeting on behalf of an absent member, the alternate member shall be vested with all powers of the absent regular member, including, without limitation, the power to vote on any matter on which the absent regular member is authorized to vote. The power of the alternate member to vote or take any other action on behalf of the Board of Zoning Appeals shall cease upon conclusion of the meeting at which the alternate has been asked to fill in for a regular member and shall not again be vested in the alternate member until such time as the alternate is reappointed by the Clerk of the Board of Zoning Appeals to fill in for an absent regular member.
(Ord. 07-06. Passed 3-27-07.)

1183.02 REMOVAL.

   Members of the Board shall be removable for nonperformance of duty, misconduct in office, or other cause by Council upon written charges having been filed with Council 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 days prior to the hearing, either personally or by registered mail, or by leaving the same at this usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by Council and shall be for the unexpired term.
(Ord. 74-8. Passed 10-3-74.)

1183.03 ORGANIZATION.

   (a)   The Board of Zoning Appeals shall organize and adopt rules in accordance with the provisions of this Zoning Ordinance. Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public.
   (b)   The Board shall appoint the Zoning Inspector as their Clerk who 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 immediately filed in the Office of Council and shall be a public record. A copy of the decision for each case shall be given to the applicant and the Planning Commission.
   (c)   Three members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three members of the Board shall be necessary to reverse an order or determination of the Zoning Inspector or to decide in favor of any applicant in any matter over which the Board has original jurisdiction under this Zoning Ordinance or to grant any variance from the requirements stipulated in this Zoning Ordinance.
(Ord. 74-8. Passed 10-3-74; Ord. 2005-07. Passed 8-23-05.)

1183.04 JURISDICTION.

   The Board of Zoning Appeals shall have the following jurisdiction:
   (a)   Administrative Appeal. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Inspector in the enforcement of this Zoning Ordinance.
   (b)   Variances.
      (1)   Variances on lots. To authorize, upon appeal, in specific cases, such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest, where owing to special conditions of the land (i.e. an irregular shaped lot having the required area; a lot of exceptional topography; or an exceptionally narrow, shallow or irregular lot, existing and of record at the time of the passage of this Zoning Ordinance) a literal enforcement of the provisions of this Zoning Ordinance will result in unnecessary hardship. In granting such variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the Zoning District in conformity with this Zoning Ordinance.
      (2)   Variances on existing buildings and structures. To grant the projection of a building or structure existing at the time of the adoption of this Zoning Ordinance into a required yard to secure an addition to the building or structure and arrangement. Such projection shall not exceed one third of the required depth or width of the required yard. In granting such variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the Zoning District in conformity with this Zoning Ordinance.
   THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT VARIANCES WHICH SHALL IN EFFECT AMEND THE USE PROVISIONS IN THIS ZONING ORDINANCE.
   (c)   Conditional Use. To grant conditional zoning certificates for the use of land, buildings, or other structures, if such certificate for specific uses are provided for in the Zoning Ordinance.
   (d)   Nonconforming Uses. Nonconforming uses as provided in Chapter 1163.
      (Ord. 74-8. Passed 10-3-74.)

1183.05 PROCEDURE FOR ADMINISTRATIVE APPEAL.

   (a)   Authorization. An appeal from a decision of the Zoning Inspector with respect to the interpretation or application of this Zoning Ordinance may be taken to the Board of Zoning Appeals by any person aggrieved, or his agent, or by any Officer of the Village affected by such decision of the Zoning Inspector.
   (b)   Notice of Appeal.
      (1)   Appeals to the Board shall be filed within twenty days after the decision of the Zoning Inspector by filing a written notice of appeal with the Zoning Inspector and with the Board of Zoning Appeals.
      (2)   The notice of appeal shall specify the grounds for such appeal. Upon receipt of a notice of appeal, the Zoning Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the decision being appealed was based.
   (c)   Hearing on Appeal.
      (1)   The Board shall select a reasonable time and place for the hearing of an appeal, which shall be held not less than fifteen nor more than seventy days after receipt of the application; give at least ten days written notice thereof to the owners of property within 300 feet of the applicant's property, as they shall appear on the notice of appeal.
      (2)   In addition, public notice of such hearings as to the time, place, date, and subject of the hearing, shall be published in a newspaper of general circulation at least ten days prior to the date of the hearing. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney.
   (d)   Decision on Appeals. The Board shall have all the powers of the Zoning Inspector with respect to such decision. The concurring vote of a majority of the members of the Board shall be necessary to reverse or modify any decision of the Zoning Inspector under this Resolution. The Board shall render a written decision on the application without unreasonable delay after the close of a hearing, and in all cases within thirty days after the close of the hearing. A copy of the decision and finding of fact shall be sent to the applicant, Council, and the Planning Commission.
(Ord. 74-8. Passed 10-3-74.)

1183.06 PROCEDURE FOR OBTAINING A VARIANCE.

   A variance is permission to deviate in a specific manner from the terms of the Zoning Ordinance, where, owing to special conditions of the land itself, a literal enforcement of the provisions of this Zoning Ordinance will result in unnecessary hardship, and provided that only deviations from development standards shall be permitted.
   (a)   Authorization. The Board of Zoning Appeals may authorize variances from the terms of this Ordinance as stated in Section 1183.04 (b) when the Board has made findings of fact, based upon the standards set out in subsection (e) hereof.
   (b)   Application for Variance. An application for a variance, together with an application for a zoning certificate, shall be filed with the Zoning Inspector, who shall forward without delay a copy of each to the Secretary of the Board. The application shall contain the following:
      (1)   Description of property and nature of variance.
         A.   The nature of the variance i.e., including the specific provisions of the Zoning Ordinance from which the variance is requested.
         B.   A description sufficient to identify the property, including a reference of the volume and page of the last recorded deed.
         C.   A statement of the special circumstances or conditions applying to the land or structure and not applying generally through the Zoning District.
         D.   A statement showing that the special conditions and circumstances do not result from the actions of the applicant.
         E.   A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights.
         F.   Such other information regarding the appeal as may be pertinent or required for appropriate action by the Board of Zoning Appeals.
      (2)   Plot plan. The application shall be accompanied by three copies of a plot plan drawn to an appropriate scale showing the following:
         A.   The boundaries and dimensions of the lot.
         B.   The size and location of existing and proposed structures.
         C.   The proposed use of all parts of the lot and structures, including accessways, walks, off street parking and loading spaces, and landscaping.
         D.   The relationship of the requested variance to the standards set by the Zoning Ordinance.
         E.   The use of land and location of structures on adjacent property.
   (c)   Information for Planning Commission. For informational purpose, the Zoning Inspector shall file one copy of the application and plot plan with the Planning Commission within three days after the filing of such application by the applicant.
   (d)   Hearing on Variance. A hearing on the application shall be held by the Board and notice thereof given, as specified under Section 1183.05 (c).
      (Ord. 74-8. Passed 10-3-74.)
   (e)   Standards for Variances. Factors to be weighed in determining whether the property owner has encountered "practical difficulties" warranting area variance include, but are not limited to:
      (1)   Whether property will yield reasonable return or whether there can be any beneficial use of property without variance.
      (2)   Whether variance is substantial.
      (3)   Whether essential character of neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of variance.
      (4)   Whether variance would adversely affect delivery of governmental services.
      (5)   Whether property owner purchased property with knowledge of zoning restrictions.
      (6)   Whether property owner's predicament feasibly can be obviated through some method other than variance.
      (7)   Whether spirit and intent behind zoning requirement would be observed and substantial justice done by granting variance.
      No one of which is conclusive.
      (Ord. 2005-07. Passed 8-23-05.)
   (f)   Conditions and Restrictions. In granting a variance, the Board may impose such conditions, safeguards, and restrictions upon the premises benefited by the variance as may be necessary to comply with the standards set out in subsection (e) hereof to reduce or minimize potentially injurious affects of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of this Zoning Ordinance.
   (g)   Decision on Variance. The Board shall have all the powers of the Zoning Inspector with respect to such decision. The concurring vote of a majority of the members of the Board shall be necessary to reverse or modify any decision of the Zoning Inspector under this Zoning Ordinance. The Board shall render a written decision on the application without unreasonable delay after the close of a hearing, and in all cases within thirty days after the close of the hearing. A copy of the decision and findings of fact shall be sent to the applicant, Council, and the Planning Commission.
   (h)   Period of Validity. A variance granted by the Board shall terminate at the end of six months from the date on which the Board grants the variance unless, within such six month period, a zoning certificate is obtained.
      (Ord. 74-8. Passed 10-3-74.)

1183.07 PROCEDURE FOR OBTAINING A CONDITIONAL USE CERTIFICATE.

   (a)   Authorization.
      (1)   Specifically listed Conditional Uses are provided within the Zoning District regulations in recognition that such uses, although often desirable, will more intensely affect the surrounding area in which they are located than the Permitted Uses of such Zoning District.
      (2)   The intent of the procedure for authorizing a Conditional Use is to set forth in the development standards criteria for locating and developing a Conditional Use in accordance with the nature of the surrounding area, with conditions of development, and with regard to appropriate plans.
   (b)   Application for Conditional Use. Any person owning or having an interest in property may file an application to use such property for one or more of the Conditional Uses provided for by this Zoning Ordinance in the Zoning District in which the property is situated. An application for a Conditional Use Certificate shall be filed in duplicate with the Zoning Inspector, who shall forward without delay a copy to the Secretary of the Board.
   The application for a Conditional Use shall contain the following:
      (1)   Description of property and intended use.
         A.   A description sufficient to identify the property including a reference of the volume and page of the last recorded deed.
         B.   The proposed use of the property.
         C.   A statement of the necessity or desirability of the proposed use to the neighborhood or community.
         D.   A statement of the compatability of the proposed use to adjacent property and land use.
         E.   Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the application or required for appropriate action by the Board of Zoning Appeals.
      (2)   Plot plan. The application shall be accompanied by three copies of the plot plan, drawn to an appropriate scale, clearly showing the following:
         A.   The boundaries and dimensions of the lot.
         B.   The size and location of existing and proposed structures.
         C.   The proposed use of all parts of the lot and structures, including accessways, walks, off street parking, loading spaces, and landscaping.
         D.   The relationship of the proposed development to the development standards in the existing Zoning District.
         E.   The use of land and location of structures on adjacent property.
   (c)   Information for Planning Commission. For informational purpose, the Zoning Inspector shall file one copy of the application and plot plan with the Planning Commission within five days after the filing of such application by the applicant.
   (d)   Hearing on Conditional Use. A hearing on the application shall be held by the Board and notice thereof given, as specified under Section 1183.05 (c).
   (e)   Standards for Conditional Use. The Board shall not grant a Conditional Use unless it shall, in each specific case, make specific findings of fact directly based upon the particular evidence presented to it, that support conclusions that:
      (1)   The proposed Conditional Use will comply with all applicable regulations of this Zoning Ordinance, including lot size requirements, development standards, and use limitations.
      (2)   Adequate utility, drainage, and other such necessary facilities have been or will be provided.
      (3)   Adequate access roads or entrance and exit drives will be provided and will be so designed as to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys.
      (4)   All necessary permits and licenses for the use and operation of the Conditional Use have been obtained, or evidence has been submitted that such permits are obtainable for the proposed Conditional Use on the subject property.
      (5)   All exterior lights for artificial open-air illumination are so shaded as to avoid casting direct light upon any property located in a Residential District.
      (6)   The location and size of the Conditional Use, the nature and intensity of the operation involved or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
      (7)   The location, nature, and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development, use, and enjoyment of adjacent land, buildings, and structures.
      (8)   The Conditional Use desired will not adversely affect the public health, safety, and morals.
   (f)   Conditions and Restrictions. In granting a Conditional Certificate, the Board may impose such conditions, safeguards, and restrictions upon the premises benefited by the Conditional Use as may be necessary to comply with the standards set out in this section to reduce or minimize potentially injurious affects of such Conditional Uses upon other property in the neighborhood, and to carry out the general purpose and intent of this Resolution.
   (g)   Period of Validity.
      (1)   A Conditional Use Certificate granted by the Board shall terminate at the end of one year from the date on which the Board grants the Conditional Use, unless within the one year period a building permit is obtained and the erection or alteration of a structure is started.
      (2)   The Conditional Use Certificate will suffice as the Zoning Certificate required by Section 1181.02 .
         (Ord. 74-8. Passed 10-3-74.)

1185.01 ORGANIZATION.

   (a)   Council proceedings under Ohio R.C. Chapter 713, shall create and establish a Planning Commission. The Commission shall be composed of five members who reside in the incorporated area of the Village, included within this Zoning Plan, to be appointed by Council. The terms of the members shall be of such length and so arranged that the terms are overlapping.
   (b)   Each member shall serve until his successor is appointed and qualified. Members of the Planning Commission shall be removable in accordance with Section 1183.02.
(Ord. 74-8. Passed 10-3-74.)

1185.02 DISTRICT CHANGES AND ORDINANCE AMENDMENTS.

   Amendments or supplements to the Zoning Ordinance shall be effected as provided by Ohio R.C. 713.06 et seq.
(Ord. 74-8. Passed 10-3-74.)

1185.03 PROCEDURE FOR DISTRICT CHANGES AND ORDINANCE AMENDMENTS.

   Application for amendments to the Zoning Plan shall be filed in accordance with the filing procedures adopted by the Planning Commission adapted from Ohio R.C. 713.12 Ohio Revised Code and summarized as follows:
   (a)   An amendment, supplement, reclassification, or change may be initiated by the Planning Commission or Council on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected by this Zoning Ordinance.
   (b)   Once the application is filed and fees paid, the Planning Commission shall set a date for a public hearing which shall not be less than twenty nor more than forty days from the filing date. Notice of the hearing shall be given in a newspaper of general circulation in the Village at least fifteen days before the hearing date.
   (c)   If the proposed amendment or supplement requests rezoning or redistricting of less than ten parcels of land, as listed on the tax duplicate, written notice of the hearings shall be mailed to property owners within 300 feet of the proposed area. The failure of delivery of such notice shall not invalidate any such amendment or supplement.
   (d)   The Planning Commission shall, within thirty days after such hearing, recommend the approval or denial of the proposed amendment or supplement, or the approval of some modification thereof and submit such recommendation to Council.
   (e)   Council shall, upon receipt of such recommendation, set a time for public hearing on the proposal, which date shall not be more than thirty days from the date of the receipt of such recommendation from the Planning Commission. Notice of the hearing shall be given in a newspaper of general circulation in the Village at least fifteen days before the hearing date.
   (f)   Within twenty days after such public hearing Council shall either adopt or deny the recommendations of the Planning Commission or adopt some modification thereof. Council may deny or modify the Planning Commission on recommendation, but it shall require five votes of Council.
   (g)   Such amendment or supplement adopted by Council shall become effective in thirty days after the date of such adoption, unless within thirty days after the adoption of the amendment or supplement 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 percent (8%) of the total vote cast for all candidates for governor in the Village at the last preceding general election at which a governor was elected, requesting the Council to submit the amendment or supplement to the electors of the Village for approval or rejection at the next primary or general election.
   (h)   No amendment or supplement for which such referendum vote has been requested shall be put into effect unless a majority of the vote 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.
      (Ord. 74-8. Passed 10-3-74.)

1185.04 WRITTEN APPLICATION.

   Two copies of a provided application form shall be filed with the Planning Commission at their public office.
   (a)   Description of Change. The application shall include the following statement:
      (1)   A description or statement of the present and proposed provisions of this Zoning Ordinance or the boundaries of the Zoning District Map.
      (2)   A description sufficient to identify the property, including a reference of the volume and page of the last recorded deed.
      (3)   The proposed use of the property.
      (4)   A statement of the necessity or desirability of the proposed use to the neighborhood or community.
      (5)   A statement of the relationship of the proposed use to adjacent property and land use.
      (6)   A list of owners of property within 300 feet from such area to be rezoned. Such list to be in accordance with the Clark County Auditor's current tax list.
      (7)   Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the application or required for appropriate action by the Planning Commission or Council.
   (b)   Preliminary Plot Plan. The application shall be accompanied by two copies of a preliminary plot plan, prepared by a registered Engineer, Architect, or Surveyor of the State of Ohio, drawn to an appropriate scale, clearly showing the following:
      (1)   The boundaries and dimensions of the lot.
      (2)   The approximate size and location of existing and proposed structures on the land to be rezoned if desired by applicant.
      (3)   The proposed use of all parts of the lot and structures, including accessways, walks, off street parking and loading spaces, and landscaping if desired by the applicant.
         (Ord. 74-8. Passed 10-3-74.)

1185.05 ADMINISTRATIVE BOARD.

   The Planning Commission, as provided in Ohio R.C. 713.11, shall serve as the Administrative Board until such a board is appointed by Council. The Commission shall perform the duties and have the powers provided for therein and in Chapter 1183.
(Ord. 74-8. Passed 10-3-74.)

1185.06 APPEALS TO COUNCIL.

   (a)   Any person, firm or corporation, or any officer, department, board, or agency of the Municipality, or any interested elector of the Municipality who has been aggrieved or affected by any decision of the Planning Commission or Board of Zoning Appeals, may appeal from such decision to the Council by filing notice of intent to appeal within five days and filing a petition with the Clerk of Council within fifteen days from the date of the decision and setting forth the facts of the case. The Clerk of Council shall immediately inform the Mayor of receipt of such notice and petition.
   (b)   The Council shall hold a public hearing on such appeal not later than forty-five days after such appeal has been filed with its Clerk. The Council by an affirmative vote of five of its members may reverse or modify the decision, otherwise the decision appealed from is affirmed and such decision shall be final.
(Ord. 74-8. Passed 10-3-74.)
CODIFIED ORDINANCES OF ENON