This Chapter sets forth the powers and duties of the Zoning Administrator, Landmarks Consultant, Planning Commission, Landmarks Commission, Board of Zoning Appeals, and City Council with respect to the administration of the provisions of this Zoning Code.

(Ord. 5-2005, passed 3-23-05)

   (A)   Establishment. The Zoning Administrator shall be appointed by the City Manager and act as the administrative officer for the purpose of effecting the proper administration of the Zoning Code.

   (B)   Powers and Duties. The Zoning Administrator shall have the following powers and duties:

      (1)   Enforce the provisions of this Code and interpret the meaning and application of its provisions.

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

      (3)   Review and act on applications for exterior changes to buildings in the Heritage Overlay District, according to the procedures set forth in this Zoning Code.

      (4)   Accept, review for completeness, and respond to questions regarding applications upon which the Zoning Administrator is authorized by the provisions of this Code to review including amendments to the Code, development plan review, conditional uses, variances, and appeals.

      (5)   Coordinate the City's administrative review of applications required by this Zoning Code including, rezoning applications, development plan review and conditional use applications.

      (6)   Maintain any records required by this Code including inspection documents, and records of all variances, amendments, and conditional uses.

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

      (8)   Conduct or cause the inspection of buildings and uses of land to determine compliance with this Code.

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

      (10)   Maintain in current status the "Official Zone Map of the City of Montgomery".

(Ord. 5-2005, passed 3-23-05)

   (A)   Establishment. The office of Landmarks Consultant is hereby created. The City shall appoint a primary consultant to aid in the review of development proposals. The primary consultant shall have training or experience in aesthetics and design within the fields of architecture, architectural history, historic preservation, archaeology, planning or related profession. One additional consultant may be designated as an alternate to the primary consultant and shall perform the duties of the primary consultant as necessary and when requested.

   (B)   Powers and Duties. For the purposes of this Zoning Code, the Landmarks Consultant shall provide guidance and advice on design, amenities, quality, relationships to natural features and all other aspects which relate to the appearance of an entire project, its parts or its surroundings as specified below:

      (1)   Assist and advise the Landmarks Commission in its review of projects proposed in the Heritage Overlay District.

      (2)   Assist and advise the Landmarks Commission in its review of nominations for the National Register or designation of a listed landmark property.

   (C)   Conflicts of Interest. In the event the primary consultant has a conflict of interest in a proposed project, the alternate consultant shall be designated by the Zoning Administrator to review the proposed project.

(Ord. 5-2005, passed 3-23-05)

   (A)   Establishment. The Planning Commission shall consist of seven members, as established by the Charter and appointed by Council to serve a four-year term.

   (B)   Powers and Duties. In general, without limiting the specific powers and duties set forth in the Charter or this Zoning Code, the Planning Commission shall have the following powers and duties:

      (1)   Make and adopt plans and maps of the City of Montgomery and periodically amend, extend, delete or add to the plans and maps.

      (2)   Review and act on all development plans required by this Zoning Code.

      (3)   Review and act on all applications for conditional use permits, proposed uses which are substantially similar to uses permitted herein, or proposed uses not otherwise permitted herein according to the procedures, standards and criteria stated in this Zoning Code.

      (4)   Review all proposed amendments to this Zoning Code and make recommendations to City Council as provided in this Zoning Code.

      (5)   Investigate and propose on its own initiative such amendments to the Zoning Code as it may deem consistent with the purposes of this Zoning Code and which further the public health, safety, and general welfare of the City of Montgomery.

      (6)   Review and act on plans and plats for the subdividing of land.

      (7)   Adopt rules and bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.

   (C)   Meetings. The Planning Commission shall schedule meetings twice per month. The Chairman may cancel a meeting if properly prepared application has not been received in a timely manner. At its first meeting each February, it shall select its Chairman and Vice-chairman. Meetings of the Commission shall be open to the public.

(Ord. 5-2005, passed 3-23-05)

   (A)   Establishment. The Montgomery Landmarks Commission is created by Charter. This Commission shall be comprised of seven members, who shall be appointed by Council to serve three-year terms. The City Manager shall provide staff to the Commission, who will serve as liaisons between the Landmarks Commission and the Planning Commission. Members shall be residents of or owners of property in the City, with the exception of the professionals specified below, who may also be business owners or professionals working in the City. Members should have, to the highest extent possible, a recognized knowledge of and a known interest in historic preservation together with a determination to work for the overall improvement of the quality of the City's physical environment. It is recommended that one or more members of the Commission be preservation-related professional members from the fields of architecture, architectural history, history, archaeology, planning or a related discipline.

   (B)   Powers and Duties. The duties of the Landmarks Commission are as follows:

      (1)   To improve the quality of life in the City by striving to further and achieve the spirit and purpose of this Zoning Code;

      (2)   To act in an advisory role to other officials and departments of local government regarding the protection of local cultural properties;

      (3)   To review and make recommendations to the Planning Commission regarding development plans for proposed development within the Heritage Overlay District. The recommendation by the Landmarks Commission shall be weighed with other evidence presented to the Planning Commission during the development plan review process in determining whether or not the development plan conforms with the requirements for the district, the underlying district, and the guidelines for development within the City.

      (4)   To act as a liaison on behalf of the local government to individuals and organizations concerned with historic, architectural and archaeological preservation;

      (5)   To recommend to the City Planning Commission and City Council legislation that would serve to beautify, preserve, restore and develop the City or that would result in additions or revisions to this Zoning Code;

      (6)   To conduct or cause to be conducted a continuing survey of cultural resources in the community including all buildings, structures sites, objects, and areas of architectural, archaeological, historic or aesthetic interest according to survey guidelines established by the Ohio Historic Preservation Office;

      (7)   Based upon information available or presented to it, to make recommendations to the City Council for the designation of properties as landmarks;

      (8)   To review proposed National Register nominations for properties within its jurisdiction in accordance with Ohio Certified Local Government guidelines;

      (9)   To keep a current register of all listed properties and provide a current copy thereof. The register shall be located at the Montgomery City Building at 10101 Montgomery Road, Montgomery, Ohio, 45242 and shall be accessible to the public. All inventory material shall be recorded on Ohio Historic Inventory, Ohio Archaeological Inventory forms, and/or forms compatible with the Ohio Historical Preservation Office's computerized inventory and therefore compatible with the state-wide comprehensive preservation planning process. They shall be made available to the Ohio Historical Preservation Office. Listed properties and corresponding data shall be updated periodically to reflect changes, alterations and demolitions;

      (10)   To review and act upon all applications for certificates of approval as required by Chapter 150.12 and to establish criteria, rules and regulations not otherwise included in Chapter 150.12 for evaluating applications for certificates of approval submitted to it;

      (11)   To consider whether a certificate of approval may be issued without substantial detriment to the public welfare and without substantial derogation of the interest and purposes stated herein.

      (12)   To prepare an annual report documenting the Commission's activities, cases, decisions, special projects and membership that will be available for public inspection;

      (13)   To conduct or encourage members to attend educational sessions at least once a year pertaining to the function of the Commission or relating to specific historic or archaeological preservation issues; and

      (14)   To work for the continuing education of the residents of the City with respect to the architectural, historic and archaeological heritage of the City and historic and archaeological preservation issues and concerns;

   (C)   Meetings. The Landmarks Commission shall meet not less than once per month at regularly scheduled meetings. At the first meeting of February of each calendar year, the Commission shall organize and select a chairperson and vice-chair.

(Ord. 5-2005, passed 3-23-05)

   (A)   Establishment. The Board of Zoning Appeals shall consist of seven members as established by the Charter, and appointed by Council as set forth within the Code of Ordinances. The members shall be appointed to serve for five-year terms.

   (B)   Powers and Duties. In general, without limiting the specific powers and duties set forth in the Charter or this Zoning Code, the Board of Zoning Appeals shall have the following powers and duties:

      (1)   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by an administrative official in the administration or enforcement of this Zoning Code, unless otherwise provided in this Zoning Code.

      (2)   To authorize such variances from the terms of this Zoning Code, as provided herein.

      (3)   To resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of § 151.01.

      (4)   To permit the substitution of one nonconforming use with another nonconforming use in conformance with the provisions of this Zoning Code.

      (5)   To authorize the restoration or repair of a nonconforming use or nonconforming building that is destroyed by any means to the extent of more than 60% of its assessed taxable value in conformance with the provisions of this Zoning Code.

      (6)   To adopt rules or bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.

   (C)   Meetings. At the first meeting of February of each calendar year, the Board shall organize and select a chairperson and a vice-chairperson. The Board shall keep a record of its proceedings. The minutes shall show the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall contain a record of its examinations and other official actions, a copy of which shall be filed as soon as practical after a meeting of the Board in the office of the zoning administrator and shall be a public record. The Board of Zoning Appeals shall meet not less than once per month at regularly scheduled meetings. All meetings of the Board shall be open to the public.

(Ord. 5-2005, passed 3-23-05)

   City Council is established by Charter. In general, without limiting the specific powers and duties set forth in the Charter or this Zoning Code, Council shall have the following powers and duties:

   (A)   To initiate or act upon proposed amendments to this Zoning Code, according to the procedures set forth herein.

   (B)   To review and act upon the recommendation from the Planning Commission for approval of a conditional use.

   (C)   To review and act upon the recommendation from the Planning Commission regarding the determination of a similar use.

   (D)   To review and act upon the recommendation from the Planning Commission, for approval of a proposed use that is not listed as a permitted or conditional use in the district it is proposed.

   (E)   To review and act upon the recommendation from the Landmarks Commission for the designation of a landmark.

   (F)   To review and act on Subdivision Improvement Plans pursuant to the requirements set forth in Chapter 156.02.

   (G)   To review and act upon appeals as provided herein.

   (H)   To review and act upon the recommendation of the Planning Commission to approve site plans with equivalencies.

(Ord. 5-2005, passed 3-23-05)