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Minerva Park City Zoning Code

TITLE TWO

PLANNING

§ 1202.01 MEMBERSHIP; TERMS OF OFFICE; COMPENSATION; VACANCIES.

   (a)   The Village Planning and Zoning Commission shall consist of five members, as follows: the Mayor, one member of the legislative authority and citizens-at-large. All members shall be qualified electors of the village.
   (b)   Each citizen-at-large appointment by the Mayor, with the advice and consent of Council, shall be for a term of two years, beginning on January 1 and ending on December 31 of the second year. If any at-large member continues to serve with an expired term, and the Mayor has not re-appointed any citizen by January 31 of the beginning of the term, then that member will continue to serve the remaining two-year term by default.
   (c)   In order for the existing terms of citizen-at-large appointments to maintain staggered expirations, the Mayor shall appoint or confirm in office, with the advice and consent of Council, three interim appointments, one each to expire on December 31, 1992, December 31, 1993 and December 31, 1994.
   (d)   All members shall serve without compensation. Members may hold any other public office and may serve as a member of a county or regional planning commission.
   (e)   Any vacancy created by the resignation or removal of a citizen member shall be filled by appointment by the Mayor, with the advice and consent of Council, for the unexpired portion of the term in which the vacancy exists.
   (f)   The representative from Council shall be elected by Council, and the term of his or her service on the Commission shall coincide with his or her term in office.
   (g)   Any at-large member may be removed from the Commission by a two-thirds majority vote of Council.
   (h)   The Village Planning and Zoning Commission may also consist of three additional, advisory, non-voting, citizen-at-large members. These additional members shall also be qualified electors of the village.
(Ord. 5-91, passed 6-10-1991; Ord. 1-94, passed 5-9-1994; Ord. 06-2020, passed 5-11-2020; Ord. 02-2021, passed 2-8-2021)

§ 1202.02 MEETINGS; OFFICERS; ABSENCES; QUORUM.

   (a)   The Planning and Zoning Commission shall meet not less than once each quarter during each calendar year and at such other times as matter shall be referred to it for review, approval or disapproval.
   (b)   At the first meeting of each calendar year, the Commission shall elect a Chairperson and a Vice Chairperson by a majority vote of all members. The Chairperson and Vice Chairperson shall serve in that capacity for one year.
   (c)   The Mayor shall establish the date, time and place of the first meeting of each calendar year and shall preside at such meeting until a Chairperson and a Vice Chairperson are elected. The first meeting of each calendar year shall be held not later than 30 days after the start of the calendar year, with the exception of the first meeting of 1986.
   (d)   Any appointed member absent from four consecutive meetings of the Commission shall be removed from membership on the Commission by a majority of the Commission members. The vacancy so created shall be filled by appointment of the Mayor, with the advice and consent of Council, for the unexpired portion of the term in which the vacancy exists.
   (e)   A majority of the Commission shall constitute a quorum for the official transaction of business. (Ord. 14-85, passed 11-11-1985)

§ 1202.03 POWERS.

   The powers of the Planning and Zoning Commission shall be those granted by R.C. §§ 713.01, 713.27 and 735.15, as well as other sections of the Ohio Revised Code and of the Constitution of the State of Ohio, now in effect or which may hereafter be passed and effective, relating to the Commission, as well as any ordinance passed by Council relating to the Zoning Commission.
(Ord. 14-85, passed 11-11-1985)

§ 1202.04 DUTIES.

   The Planning and Zoning Commission shall:
   (a)   Conduct studies and surveys relative to overall planning for the growth, development, redevelopment, rehabilitation and renewal of the village, prepare such plans, reports and maps as are required to support their findings, and make such recommendations to Council as it feels are in the best interests of the village;
   (b)   Continuously review and report to Council its recommendations concerning the village’s capital improvement programs and the village’s subdivision, platting and zoning ordinances and regulations;
   (c)   Cooperate with other governmental or private planning agencies, securing such studies, surveys and reports prepared by such agencies to ensure maximum benefits for the village;
   (d)   Review and approve or disapprove all plans to change, relocate, widen, extend or vacate streets, alleys, parks, playgrounds, recreation areas and other public ways and places, including such drawings and data required to be submitted with the application. The Commission is hereby empowered to request and to require such additional data and drawings as are deemed necessary to render a decision on the application submitted;
   (e)   Review all requests for rezoning or variances from existing zoning or building regulations. Such applications and the Commission’s recommendations shall be forwarded to Council for final approval or disapproval; and
   (f)   Establish such rules, regulations and procedures as are necessary to ensure the prompt and orderly processing of all matters brought before it, including coordination with the Village Fiscal Officer, Engineer, Building Inspector and such other officials as shall be deemed necessary.
(Ord. 14-85, passed 11-11-1985; Ord. 4-89, passed 4-10-1989; Ord. 16-2017, passed 6-19-2017)

§ 1202.05 RECORDS.

   The Chairperson of the Planning and Zoning Commission shall keep or cause to be kept, in the Municipal Building, a complete record of all meetings of the Commission and a detailed record of all transactions and the disposition of matters to come before the Commission. Said records shall be compiled in report form and signed by the Chairperson of the Commission, and copies thereof shall be provided to the Mayor, members of Council and the Building Inspector within 30 days following each meeting.
(Ord. 14-85, passed 11-11-1985; Ord. 9-89, passed 10-9-1989)

§ 1202.06 SUBMITTAL OF PERMIT APPLICATIONS AND RELATED DOCUMENTS; ISSUANCE OF PERMITS; APPEALS.

   (a)   All applications for permits to construct, remodel, improve, alter, relocate, extend or vacate streets, alleys, parks, playgrounds, recreation areas and other public ways and places, required by ordinance or resolution of the village, now in effect or which may hereafter be passed and effective, shall be submitted to the Planning and Zoning Commission for its review and approval or disapproval.
   (b)   All applications for permits that require a rezoning or variance action from an existing zoning or building ordinance or regulation shall be held in abeyance pending the submission of a request for such rezoning or variance by the applicant and action taken thereon. The Commission shall forward such applications and requests, with its recommendations thereon, to Council for final approval or disapproval within 60 days of the receipt of the request for rezoning or variance.
   (c)   All matters pertaining to building permits referred to the Commission shall have action taken upon them within 60 days from the date of referral, except those permits which require rezoning or variance actions. The time period established may be extended by authorization of Council or by mutual agreement between the Commission and the applicant.
   (d)   Building permit applications involving new construction and repair, alteration or additions to existing buildings and structures shall be reviewed and approved by the Commission before the Building Inspector has reviewed the plans, drawings and related documents and has indicated that such plans, drawings and related documents meet all the requirements of the Building and Housing Code and are therefore approved.
   (e)   Building permits shall be issued by the Planning and Zoning Clerk. Permits shall be issued only after receipt of a written notification of approval of the application for the permit by the Commission and only after the permit has been signed by the Mayor.
   (f)   Applicants for building permits may appeal the decisions of the Commission to Council. Such appeals must be filed with the Fiscal Officer not later than 30 days from the date of the notification to the applicant of the decision of the Commission.
(Ord. 16-2017, passed 6-19-2017; Ord. 24-2017, passed 9-11-2017)

§ 1202.07 AUTHORITY REZONING MEASURES.

   (a)   Before any zoning ordinance, resolution or amendment thereto, authorized by R.C. §§ 713.07 to 713.11, inclusive, may be passed, Council shall hold a public hearing thereon and shall give at least 30 days’ notice of the time, place and purpose of such meeting, in accordance with R.C. § 713.12.
   (b)   The Planning and Zoning Commission is hereby authorized to hold such public hearings as are necessary before any ordinance, resolution or amendment thereto, authorized by R.C. §§ 713.07 to 713.11, inclusive, being considered by the Commission, is forwarded to Council with the recommendations of the Commission. Such public hearings shall be processed in accordance with R.C. § 713.12. Public hearings held by the Commission shall not be substituted for required public hearings on the part of Council.
   (c)   Each ordinance, resolution or regulation establishing, amending, revising, changing or repealing a zoning classification, district, use or regulation shall be referred to the Commission for approval, disapproval or recommendation, except any ordinance, resolution or regulation which the Commission has recommended and forwarded to Council. Within 60 days of such referral, the Commission shall cause such ordinance, resolution or regulation to be returned to the Fiscal Officer, together with the written recommendations of the Commission, concurred in by a majority of the Commission. If the Commission should fail to make a recommendation within 60 days, Council may act thereon as if it had received a recommendation of approval for such ordinance, resolution or regulation.
   (d)   No ordinance, resolution or regulation which violates, differs from or departs from the plan or report submitted by the Commission shall take effect, unless passed and approved by not less than three- fourths of the membership of Council.
   (e)   No ordinance, resolution or regulation which is in accordance with recommendations, plans or reports submitted by the Commission shall be deemed to pass or take effect without concurrence of at least a majority of the members elected to Council.
(Ord. 14-85, passed 11-11-1985; Ord. 16-2017, passed 6-19-2017)