Kelleys Island City Zoning Code
VILLAGE PLANNING
COMMISSION
§ 152.080 AUTHORITY.
The Village Planning Commission is established pursuant to R.C. § 713.01, and shall have all the powers and duties prescribed by law and by this chapter.
(Ord. 1993-O-2, passed 3-13-93)
§ 152.081 COMPOSITION AND TERMS.
The Village Planning Commission shall consist of five members, including the Mayor for his or her entire term; one member of the legislative authority to be elected thereby for the remainder of his or her term as such member of the legislative authority, one elector from the village for a term of two years, one elector of the village for a term of four years, and one elector for a term of six years, plus two alternates. Each alternate shall be appointed by the Mayor for four years, except that one of the initial alternates will be appointed for two years. In the event of the death or resignation of a member or an alternate, the Mayor shall make the appointment for the duration of the unexpired portion of the term of the member or alternate, except for that of the member of the legislative authority. After the initial term, the term of office for each member of the Planning Commission appointed by the Mayor shall be six years. All such members shall serve without compensation. Alternates will be notified by a designate of the Planning Commission in advance of any meeting or hearing where a member will be absent or where a conflict of interest exists for a regular member which will require that that member’s position be declared vacant. In one of those events, the alternate member will attend the hearing or meeting and cast a vote as a regular member of the Planning Commission.
(Ord. 1993-O-2, passed 3-13-93: Am. Ord. 1998-O-1, passed 1-10-98; Am. Ord. 2000-O-22, passed 4-13-00; Am. Ord. 2000-O-64, passed 12-14-00; Am. Ord. 2001-O-53, passed 9-13-01)
§ 152.082 ORGANIZATION.
The Planning Commission shall elect a chairperson from its membership, shall appoint a secretary, and shall prescribe rules for the conduct of its affairs.
(Ord. 1993-O-2, passed 3-13-93)
§ 152.083 QUORUM.
(A) The Planning Commission shall require a quorum of three members at all of its meetings, and a vote of three members shall be necessary to effect an order of the Commission.
(B) In the event a member of the Planning Commission abstains from voting on a matter or otherwise refuses to vote on a matter without having a conflict of interest, that member's abstention shall be counted with the vote count of the majority.
(C) However, in the event a member of the Planning Commission has a conflict of interest and is unable to vote due to a violation of the Ohio Ethics Laws regarding any matter that is before the Commission, that member's seat or those members' seats on the Commission shall be deemed to be vacant for purposes of that vote. In that event, the majority shall be reconfigured to reflect the fact that the member's seat or those members' seats having a conflict of interest are deemed to be vacant and the concurring votes of the remaining members who are eligible to vote shall be counted to reflect a simple majority of the reconfigured majority.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2001-O-34, passed 7-12-01)
§ 152.084 MEETINGS.
The Planning Commission may meet at regular meeting dates, and as needed to respond to applications which require action with lawful public notification. All meetings of the Planning Commission shall be public and public records shall be kept of all proceedings indicating the vote of each member on each issue.
(Ord. 1993-O-2, passed 3-13-93)
§ 152.085 POWERS, DUTIES AND LIMITATIONS.
In accordance with state law and this chapter, the Planning Commission is granted the power and responsibility to hear and decide the following matters:
(A) Review proposed amendments or rezonings to this zoning code, and make recommendations to the Village Council;
(B) Review and act on parking area site plans submitted pursuant to § 152.016;
(C) Review and approve, or deny, or approve with modifications, development plans and applications for PUD zoning classification pursuant to § 152.041;
(D) Review and act upon site plans submitted for development within the Environmental Protection Overlay District according to § 152.043;
(E) Review applications for conditional uses and decide on applications on the basis of § 152.086 below; and
(F) Review requests for a determination that a proposed use is similar to those principally permitted in a given zoning district.
(Ord. 1993-O-2, passed 3-13-93)
§ 152.086 CONDITIONAL USES.
(A) Within most zoning districts there are conditional uses which are uses which may be acceptable within a particular zoning district in certain circumstances and with certain limitations. To provide necessary control over the location of such uses, the Planning Commission shall review applications for conditional uses. The review of proposed conditional uses shall be approved or denied on an individual basis using the following criteria:
(1) That the proposed use will not, under the specific circumstances, be detrimental or otherwise disturb surrounding property or the community as a whole; and
(2) That the proposed use will be in harmony with the general purpose and intent of this chapter.
(B) In making its decision, the Planning Commission may approve the location of the conditional use with stipulations, and specific requirements. Such requirements might include additional buffering at one location, no illumination of signs, greater setbacks for specific areas, screening of parking facilities, etc.
(C) Upon receipt of an application for a conditional use permit, the zoning department shall prepare a list of property owners that are within 500 feet of the property in question, who shall be notified by first class mail 14 days in advance of the Planning Commission meeting during which the proposed conditional use application will be considered.
(D) All conditional use permits shall authorize one particular conditional use and such permit shall expire if such use is not commenced within one year, or if such use is discontinued for more than two consecutive years.
(E) All conditional uses shall be subject to an annual review by the Zoning Inspector. Such an annual review shall involve an examination of the property to an extent necessary for the Zoning Inspector to determine that the property, and the uses thereon, comply with the requirements of this chapter as well as any conditions or restrictions placed on the property when the conditional use was approved. In accordance with § 152.066, a fee shall be charged for this annual review and that the Zoning Inspector be paid $25 for each annual inspection of conditional use properties.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1997-O-28, passed 8-14-97; Am. Ord. 2001-O-45, passed 8-9-01; Am. Ord. 2003-O-11, passed 7-10-03; Am. Ord. 2004-O-1, passed 3-13-04)
§ 152.087 SIMILAR USES.
(A) Within most zoning districts there may be uses which are similar to the permitted uses within a particular zoning district if so determined by the Planning Commission. To provide necessary control over such uses and to ensure public input relative to such uses, the Planning Commission shall review applications for similar uses. The review of proposed similar uses shall be approved or denied on an individual basis using the following criteria:
(1) That the proposed use is similar to one of the enumerated permitted uses within the zoning district; and
(2) That the proposed use will not be detrimental or otherwise disturb surrounding property or the community as a whole; and
(3) That the proposed use will be in harmony with the general purpose and intent of this chapter.
(B) Upon receipt of an application for a similar use permit, the zoning department shall prepare a list of property owners that are within 200 feet of the property in question, who shall be notified by first class mail not less than 14 days prior to the date of the Planning Commission meeting during which the proposed similar use permit application will be considered.
(C) All similar use permits shall authorize one particular similar use and such permit shall expire if such use is not commenced within one year, or if such use is discontinued for more than two consecutive years.
(Ord. 1998-O-5, passed 1-10-98; Am. Ord. 2001-O-55, passed 10-16-01)