Garfield Heights City Zoning Code
TITLE ONE
Planning
1101.01 ESTABLISHMENT; MEMBERS; POWERS.
(a) The Planning Commission shall consist of the Mayor, one member of Council to be selected by Council, and three electors of the City not holding other municipal office. The present members of the Commission, other than the Mayor and Councilman, shall continue to serve until the expiration of their respective terms, and their successors shall each be appointed by the Mayor for a term of six years. A vacancy occurring during the term of any member of the Commission shall be filled for the unexpired term in the manner authorized for an original appointment.
(b) The Commission shall have such powers as may be conferred on it by this Planning and Zoning Code, any other ordinance of Council concerning the plan, design, location, removal, relocation and alteration of any public buildings or structures or those located on public streets or property; the location, relocation, widening, extension and vacation of streets, parkways, playgrounds and other public places; the approval of plats for the subdivision of land; the zoning and rezoning of the City for any lawful purpose; and such other powers as are now or may hereafter be conferred upon it by ordinance of Council or the general law of Ohio
1101.02 PROCEDURE FOR COMMISSION OR BOARD ACTION.
Whenever any developer, builder, property owner, tenant or other person with standing has a matter which must be decided by the Planning Commission, or the Zoning Board of Appeals, the following procedures shall be adhered to:
(a) Written request to appear before either body shall be delivered to the Chairman of that body by delivering same to the Mayor's office at least fourteen (14) days prior to the scheduled meeting date. On the date of such delivery to the Mayor's office and simultaneous therewith, a copy of such request shall be mailed or delivered by the Building Department to the residence of all Councilmen and to all members and chairmen of commissions and boards.
(b) The written request shall contain a concise statement of the matter to be presented, utilizing forms available from the Building Department to such body for its consideration, and a list of the exhibits which shall be presented.
(c) The minutes of every meeting of each body shall state the request, the name and address of the party making such request, and the decision of the body in regard thereto.
(Ord. 97-1975. Passed 1-12-76.)
1101.03 PROCEDURE FOR ZONING CHANGE REQUESTS.
The following procedure shall be complied with in all requests for changes of the zoning district of property:
(a) The person requesting the change of zoning of any district of any property shall either be the owner of the property, or have a sufficient legal interest in the property, such as an option to purchase, or a contract to purchase, with authority from the owner of the property to seek rezoning, and shall provide proof of the same to the Planning Commission, and shall notify, in writing, the President of Council and the Planning Commission Secretary of such intention at least two (2) weeks prior to the next regularly scheduled Planning Commission Meeting. Such notice shall be in writing and shall show the name and address and the permanent parcel number of the property to be rezoned, together with the telephone number of the person requesting such change in zoning, the names and addresses of the owners of the property affected and, in the event any of these parties are entities, the names, addresses and titles of the officers, and majority holders of the equitable interests of such entity shall be provided, utilizing forms available from the Building Department. The notice shall also advise the City of the zoning district in which the property is currently located, the proposed new district to be applied to the property and a legal description of the entire property to be rezoned shall be provided.
(b) The Planning Commission shall hear such request for change in zoning, and shall recommend, by motion, to Council that such request be either granted or denied.
(c) In the event the Commission recommends approval of the rezoning request, it shall so inform the applicant that it shall recommend such change to Council, and shall request the Law Director to prepare the required legislation, which legislation shall contain the information required in subsection (b) hereof.
(Ord. 149-1970. Passed 10-26-70.)
1101.04 SECRETARY.
There shall be a Secretary to the Planning Commission who shall be appointed by the Mayor, serve at his pleasure, and may be removed at any time with or without cause. Effective January 1, 2022, the Planning Commission Secretary shall be appointed to serve a four (4) year term commencing January 1, 2022 and concluding December 31, 2025. All subsequent terms shall consist of four-year terms beginning the first day of January immediately following the conclusion of the previous term.
It shall be the duty of the Secretary to attend all meetings of the Commission, to keep accurate minutes of all such meetings, maintain records and handle all correspondence.
(Ord. 12-2022. Passed 2-28-22.)