This chapter sets forth the powers and duties of the Code Enforcement Officer or his or her authorized representative, Planning Commission, the Board of Zoning Appeals, and the Village Council with respect to the administration of the provisions of the Zoning Code.

(Ord. 2012-20, passed 4-17-2012)

   The formulation, administration, and enforcement of this Zoning Code is hereby vested in the following offices and bodies within the Village of Lockland government:

   (a)   Code Enforcement Officer.

   (b)   Planning Commission.

   (c)   Board of Zoning Appeals.

   (d)   Village Council.

(Ord. 2012-20, passed 4-17-2012)

   Duties of the Code Enforcement Officer. The Code Enforcement Officer shall administer and enforce the Zoning Code. He or she may be provided with the assistance of such other persons as the Mayor may direct. For the purpose of the Zoning Code, the Code Enforcement Officer or his/her authorized representative shall have the following duties:

   (a)   Enforce the provisions of the Zoning Code and interpret the meaning and application of its provisions, as well as take all necessary steps to remedy any condition found in violation, by ordering in writing the discontinuance of illegal uses or illegal work in progress. Request the Village Law Director to commence appropriate legal action when necessary.

   (b)   Respond to questions concerning applications for amendments to the Zoning Code text and the Official Village Zoning Map.

   (c)   Provide staff reports on matters before the Zoning Board of Appeals that summarize the pertinent zoning issues and corresponding code sections.

   (d)   Issue zoning certificates and certificates of occupancy as provided by the Zoning Code and keep a record of same with a notation of any special conditions involved.

   (e)   Act on all applications upon which he or she is authorized to act by the provisions of the Zoning Code within 15 business days upon receipt of a complete and full application, or notify the applicant in writing of refusal or disapproval of such application and the reasons therefore. Failure to notify the application in case of such refusal or disapproval within the specified time shall entitle the applicant to submit his or her request to the Board of Zoning Appeals.

   (f)   Conduct inspections of buildings and uses of land to determine compliance with the Zoning Code 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.

   (g)   Maintain in current status the Official Village Zoning Map which shall be available in the municipal offices and on the village website.

   (h)   Establish a set of administrative forms and checklists for the processing of applications for zoning amendments, variances, conditional uses, and administrative appeals.

   (i)   Maintain permanent and current records required by the Zoning Code including, but not limited to, zoning certificates and inspection documents. Records of all variances, amendments, and conditional uses shall be kept by the Code Enforcement Officer.

   (j)   Make such records available for the use of the Village Council, the Planning Commission, the Board of Zoning Appeals, and the public.

   (k)   Prepare and submit a report to the Board of Zoning Appeals on each application received by the Board, summarizing the request and the applicable Zoning Code provisions.

   (l)   Determine the existence of any violations of the Zoning Code and cause such notifications, revocation notices, or stop orders to be issued, or initiate such other administrative or legal action as needed to address such violations.

   (m)   Prepare and submit an annual report to the Village Council and Planning Commission on the administration of the Zoning Code, setting forth such information as may be of interest and value in advancing and furthering the purpose of the Zoning Code. Such report shall include recommendations concerning the schedule of fees.

(Ord. 2012-20, passed 4-17-2012)

   There is hereby established in and for the municipality a Planning Commission, to be constituted and to have such members as provided in this chapter. The main functions of the Planning Commission are to review and approve site plans and make recommendations to the Village Council concerning changes to the zoning code.

   (a)   Appointment and organization. The Planning Commission shall be composed of five members, qualified electors who reside in the incorporated area of the municipality. Each member of the Planning Commission shall serve for the term of his or her appointment and until a successor is appointed and qualified. Membership shall include the following:

      (1)   Mayor.

      (2)   A member of Village Council elected by Council to serve during his or her term.

      (3)   Three members appointed by the Mayor. The term of office shall be three years and terms shall be so arranged that the term of at least one member shall expire each year. Any vacancy shall be filled for the remainder of the unexpired term in the manner the original appointment was made.

   (b)   Proceedings of the Planning Commission.

      (1)   The Commission shall annually elect a Chairperson and Vice-Chairperson and secretary from its membership and the secretary shall be the administrative coordinator for the municipality. The Commission shall adopt rules necessary for the conduct of its affairs in keeping with the provisions of state and local law.

      (2)   Commission meetings shall be held at the call of the Chairperson, and at such other times as the Commission may determine.

      (3)   The Planning Commission shall keep minutes of its proceedings showing the vote for 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.

      (4)   A quorum of the Planning Commission shall consist of a majority of all the members of the Planning Commission. When a quorum is present, the concurring vote of a majority of the votes cast shall be necessary for the adoption of any motion.

   (c)   Duties of the Planning Commission. For the purpose of the Zoning Code, the Commission shall have the following duties:

      (1)   Recommend the proposed Zoning Code, including text and the Official Village Zoning Map to the Village Council for formal adoption.

      (2)   Initiate advisable Village Zoning Map changes or changes in the text of the Zoning Code where the same will promote the best interest of the public in general through recommendations to the Village Council.

      (3)   Review all proposed amendments to the text of the Zoning Code and the Village Zoning Map and make recommendations to the Village Council.

      (4)   Review all Planned Development applications and make recommendations to the Village Council as provided in the Zoning Code.

      (5)   Carry on a continuous review of the effectiveness and appropriateness of the Zoning Code and recommend such changes or amendments as it feels would be appropriate.

      (6)   The Commission may for their purpose, within the limits of the funds appropriated by Council, employ or contract with such planning consultants and executive and clerical assistants as it deems necessary.

      (7)   The Commission shall make use of such information and counsel as is available from appropriate public officials, departments, and agencies.

      (8)   Interpret the appropriate classification of uses not found in the Zoning Code.

      (9)   In the case of a use that is not specifically mentioned in the Zoning Code, the Planning Commission shall classify the use of a similar nature to a use that is already listed in the Zoning Code. The use that is approved as a similar use shall be recommended by the Planning Commission for addition to the permitted uses in the zoning districts previously described in the Zoning Code.

(Ord. 2012-20, passed 4-17-2012)

   The Board of Zoning Appeals designated by the Council is a quasi-judicial body that shall hear request for appeals, variances, and conditional uses and decide whether or not to grant the request. The Board of Zoning Appeals shall have such additional powers and duties as provided by the Zoning Code.

   (a)   Appointment of the Board of Zoning Appeals. The Board of Zoning Appeals (Board) shall consist of five members, who shall be qualified electors of the village and appointed by Council. The term of office shall be five years and their terms shall be so arranged that the term of one member shall expire each year. Any vacancy shall be filled for the remainder of the unexpired term in the manner the original appointment was made. Each member of the Board shall serve for the term of his or her appointment and until a successor is appointed and qualified.

   (b)   Proceedings of the Board of Zoning Appeals.

      (1)   The Board of Zoning Appeals shall annually elect a President and Vice-President. The secretary shall be the administrative coordinator of the municipality. The Board of Zoning Appeals shall adopt rules for the conduct of its affairs in keeping with the provisions of state and local laws.

      (2)   The secretary shall record Board of Zoning Appeals action and 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.

      (3)   Meetings shall be held at the call of the President and at such other times as the Board of Zoning Appeals may determine. The President, or in his or her absence, the Vice-President, may administer oaths and compel the attendance of witnesses. All meetings and hearings shall be open to the public. If permitted under Ohio Law, the Board of Zoning Appeals may go into Executive Session for discussion, but not for a vote on any case before it.

      (4)   A quorum of the Board of Zoning Appeals shall consist of a majority of all the members of the Board of Zoning Appeals. The Board shall decide upon all applications or appeals within 21 days after the final hearing. Unless otherwise specifically set forth in this zoning code, no variance nor conditional use exception shall be granted without the affirmative vote of at least three members of the Board. All other decisions of the Board shall require not less than three concurring votes. No member of the Board of Zoning Appeals shall be authorized to vote by proxy.

   (c)   Duties of the Board of Zoning Appeals. For the purpose of the Zoning Code, the Board of Zoning Appeals has the following specific responsibilities:

      (1)   Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Code Enforcement Officer or his or her authorized representative.

      (2)   Authorize such variances from the terms of the Zoning Code as will not be contrary to the public interest, where owing to the special conditions, a literal enforcement of the Zoning Code will result in unnecessary hardship and so that the spirit of the Zoning Code shall be observed and substantial justice done.

      (3)   Grant conditional use permits as specified in Chapter 1280 and such additional safeguards as will uphold the intent of the Zoning Code.

      (4)   The Board of Zoning Appeals may call upon and make use of such information and counsel as is available from the various public officials, departments, and agencies of the village for assistance in the performance of its duties. It shall be the duty of such public officials, departments, and agencies to render such assistance to the Board of Zoning Appeals as may reasonably be required.

      (5)   Interpret boundaries of the zoning map when such boundaries are otherwise indeterminable under § 1248.05.

      (6)   Perform such other functions and have such other powers as Council may provide.

(Ord. 2012-20, passed 4-17-2012)

   The powers and duties of the Village Council pertaining to the Zoning Code are as follows:

   (a)   Appoint one member of Village Council to the Planning Commission.

   (b)   Appoint five persons to the Board of Zoning Appeals.

   (c)   Initiate or act upon text or map amendments to the Zoning Code, provided that Council shall not act on any amendments or changes until the Planning Commission has had the opportunity to review the proposed changes and offer its recommendations to Council. Council shall act favorably upon such changes or amendments, following the receipt of a formal recommendation from the Planning Commission, only if the request can be justified on one of the following grounds:

      (1)   The change is in conformity with community development policies of the municipality.

      (2)   There had been a substantial and significant change in area conditions.

      (3)   There is a need for additional land in the zoning district classification being requested;

      (4)   There is a manifest error in the Zoning Code text or the Official Zoning District Map.

   (d)   Review the Planning Commission's recommendation on proposed Planned Development applications, and approve or disapprove the application by an affirmative vote of Council.

   (e)   Override a written recommendation of the Planning Commission on a text or map amendment provided that such action is passed by a vote of not less than five members of the Village Council.

(Ord. 2012-20, passed 4-17-2012)

   (a)   It is the intent of the Zoning Code that all questions of interpretation and enforcement shall be first presented to the Code Enforcement Officer or his or her authorized representative and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Code Enforcement Officer or his or her authorized representative. Recourse from the decisions of the Board of Zoning Appeals shall be to the courts as provided by law.

   (b)   It is further the intent of the Zoning Code that the duties of the Village Council, in connection with the Zoning Code, 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.

(Ord. 2012-20, passed 4-17-2012)

   After considering the recommendations of the Code Enforcement Officer or his or her authorized representative with respect to actual administrative costs, both direct and indirect, the Village Council shall by ordinance, establish a schedule of fees, charges, and expenses and a collection procedure for zoning certificates, amendments, appeals, variances, conditional use permits, plan approvals, and other procedures and services pertaining to the administration and enforcement of the Zoning Code. The schedule of fees shall be available in the office of the Code Enforcement Officer or his or her authorized representative 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. 2012-20, passed 4-17-2012)