Zoneomics Logo
search icon

Mount Vernon City Zoning Code

CHAPTER 1102

Decision-Making Roles and Authorities

1102.01 PURPOSE.

   The purpose of this chapter is to set forth the powers and duties of the City of Mount Vernon's various review boards and administrative staff with respect to the administration and enforcement of the provisions of this code.
(Ord. 2024-032. Passed 7-22-24.)

1102.02 REVIEW AUTHORITY NAMES, REFERENCES, AND DELEGATION.

   (a)   Review Authority Names and References. For the purposes of this code, the following are the formal names of the administration and decision-making authorities identified in this code and the abbreviated names they may be referred to:
      (1)   The City of Mount Vernon City Council may be hereafter also be referred to as "City Council" or "Council."
      (2)   The City of Mount Vernon Municipal Planning Commission may be hereafter also be referred to as the "Planning Commission" or "MPC."
      (3)   The City of Mount Vernon Board of Zoning Appeals may be hereafter also be referred to as the "Board" or "BZA."
      (4)   The City of Mount Vernon Historical Review Commission may be hereafter also be referred to as the "Historical Review Commission" or "HRC."
      (5)   The City of Mount Vernon Safety Service Director may be hereafter referred to as the "SSD."
      (6)   The City of Mount Vernon Zoning Enforcement Officer may be hereafter also be referred to as the "Zoning Enforcement Officer or "ZEO."
      (7)   The City of Mount Vernon Property Maintenance Enforcement Officer may be hereafter referred to as the "PMEO."
   (b)   Delegation of Authority. Whenever a provision appears requiring the head of a department or another officer or employee of the City to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.
(Ord. 2024-032. Passed 7-22-24.)

1102.03 CITY COUNCIL.

   In addition to any other authority granted to the City Council by ordinance or State law, the City Council shall have the following powers and duties, as it relates to this code:
   (a)   Initiate, hear, review, and make decisions related to amendments to the text of this code or the zoning map;
   (b)   Hear, review, and make decisions related to Planned Developments in accordance with Chapter 1107: Planned Development Districts;
   (c)   Review and accept, where appropriate, any proposed dedication of streets, utilities, and other public improvements required by this code;
   (d)   Establish fees for development review procedures, certificates, and permits outlined in this code;
   (e)   Perform any other duties related to the administration and enforcement of this code as authorized by this code and the ORC.
      (Ord. 2024-032. Passed 7-22-24.)

1102.04 REVIEW BOARDS.

   For the purposes of this code, there shall be review boards established for the administration and enforcement of this code including the MPC, BZA, and HRC.
   (a)   General Rules and Regulations for All Review Boards. The following shall apply to the MPC, BZA, and HRC
      (1)   Unless otherwise allowed by the ORC or this code, all members of a review board, at the date of their respective appointments, shall be residents of the City and shall continue to be residents of the City during the terms of their office with the exception of the Safety Service Director.
      (2)   Members of the review boards shall not be employed or appointed to any Mount Vernon department or office except where the ORC mandates such or the requirements of this chapter allow for.
      (3)   Members of any review board shall be removable for nonperformance of duty, misconduct in office or other cause, by the Mayor, upon written charges having been filed with the Mayor and after a public hearing by City Council has been held regarding such charges. A copy of the charges shall be served upon the member at least ten (10) days prior to the hearings, either personally, by registered mail or by leaving the same at their usual place of residence. The member shall be given opportunity to be heard and answer such charges.
      (4)   The Chairperson of each review board shall advise City Council, by letter, if any member of the applicable review board has been absent from all meetings held during any period of ninety (90) consecutive days or who has been absent from a total of one-fourth of the regular meetings during a calendar year. City Council shall consider removing such member.
      (5)   A vacancy occurring during the term of any member of a review board shall be filled through the same manner as the position was originally filled, for the unexpired term in a manner authorized for the original appointment.
      (6)   The review boards may, by a majority vote of its entire membership at the time of consideration, adopt bylaws or rules for the governance of said board, provided they are consistent with State law and with any ordinances of the City.
      (7)   The review boards shall keep a record of their meetings and hearings, which shall be a public record.
      (8)   All meetings of the review boards shall be open to the public, except as exempted by law.
      (9)   The departments, divisions, and agencies of the City shall cooperate with and assist the boards in implementing the purposes for which they are formed.
      (10)   Meetings,
         A.   Each review board shall hold public meetings as it may require for conducting its business.
         B.   The Chairperson of each board or the ZEO may cancel a meeting if there is no pending business to be conducted.
         C.   Special meetings may be called by the ZEO, Chairperson or their designee, or by a vote of the applicable review board at its regular meeting.
         D.   At either the first meeting or the last regular meeting of each year, or when practical, each review board may elect a Chairperson who shall serve for a one (1) year term. The review boards may also elect a Vice-Chairperson, who shall also serve for a one (1) year term. These officers shall be elected from among the members of the applicable boards. During the temporary absence of the Chairperson, the Vice-Chairperson, where elected, shall fulfill the duties of the Chairperson. For the MPC and HRC, if there is no election for a Chairperson or Vice-Chairperson, the Mayor shall serve as the Chairperson and the SSD shall serve as the Vice-Chairperson, as applicable.
   (b)   Organization and Roles of the Municipal Planning Commission (MPC).
      (1)   Establishment. The City of Mount Vernon MPC is hereby established by City Council pursuant to Chapter 713 of the ORC.
      (2)   Membership and Terms. Membership of the MPC shall be in accordance with Chapter 713 of the ORC, including the length of terms.
      (3)   Alternates.
         A.   The Mayor may appoint up to two (2) alternate members for a term of five (5) years each. Such appointments shall only be for people who may serve as alternates for members of the MPC that are not the Mayor or the Safety Service Director.
         B.   The Mayor and the Safety Service Director are authorized to designate a person to serve as an alternate on their behalf.
         C.   An alternate member shall take the place of an absent regular member at any meeting of the MPC. An alternate shall also take the place of a regular member that has to recuse themselves or abstain from a discussion or action.
         D.   An alternate member shall meet the same appointment criteria as a regular member for all members except the Mayor and Safety Service Director.
         E.   When attending a meeting on behalf of an absent member, the alternate member may vote on any matter the absent member is authorized and eligible to vote for provided the member attended all pertinent public meetings or hearings.
         F.   When a vacancy occurs, alternate members do not automatically become full members of the MPC. Alternate members have to be appointed by the Mayor to replace a full member upon a vacancy.
      (4)   Roles and Powers of the MPC. The MPC shall have the following roles and powers:
         A.   Initiate, hear, review, and make recommendations to City Council for the approval of plans for the future physical development and improvement of the City, based upon utility, convenience and beauty, physical needs, density and the social welfare and physical well-being of the people;
         B.   Initiate, hear, review, and make recommendations to City Council related to amendments to the text of this code or the zoning map;
         C.   Hear, review, and make decisions on conditional uses in the respective zoning district;
         D.   Hear, review, and make recommendations or decisions related to Planned Developments in accordance with Chapter 1107: Planned Development Districts;
         E.   Hear, review and make decisions on requests for substitution of nonconforming uses in accordance with Section 1115.04;
         F.   Review and make decisions on the preliminary subdivision plats and final subdivision plats for major subdivisions;
         G.   Review and make decisions on requests for subdivision modifications;
         H.   Hear, review and make decisions on alternative equivalency review applications, when the proposed alternative equivalency review provision is not related to a certificate of appropriateness application;
         I.   Consider, investigate, and report upon any special matter or question coming within the scope of its work as requested by City Council, or the administration; and
         J.   Perform any other duties related to the administration and enforcement of this code as authorized by this code, by ordinance of City Council, and/or by the ORC.
      (5)   Quorums and Decisions.
         A.   Any combination of three (3) or more regular members, including the Mayor or Safety Service Director, or alternate members of the MPC shall constitute a quorum.
         B.   A motion made on a decision shall carry when at least three (3) members of the MPC concur.
         C.   General business items that do not include decisions on applications, such as continuances or approval of minutes, shall only require a majority of the quorum to concur.
         D.   A member of a MPC shall not be qualified to vote if that member did not attend the public hearing or meeting of the applicable case subject to a decision unless he or she has read or listened to the transcript of the public hearing or meeting, as applicable.
         E.   A member of the MPC shall not be qualified to vote if they have a direct or indirect interest in the issue subject to the application or any other conflict of interest.
      (6)   Special Provisions for Conditional Use Hearings.
         A.   The MPC has appellate jurisdiction relative to the review of conditional use applications.
         B.   The MPC shall make findings and conclusions which support all of its decisions. The findings and conclusions shall set forth and demonstrate the manner in which the decision carries out and helps administer and enforce the provisions of this code, including the application of any review criteria for the subject application.
         C.   The MPC shall have the power to subpoena and compel the attendance of witnesses, to administer oaths, to compel testimony and to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
         D.   Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. Comments may also be submitted in writing or verbally to the ZEO in advance of the hearing.
         E.   The privilege of cross-examination of witnesses shall be accorded all interested parties or their attorney.
   (c)   Organization and Roles of the Board of Zoning Appeals (BZA).
      (1)   Establishment. The City of Mount Vernon Board of Zoning Appeals is hereby established.
      (2)   Membership and Terms.
         A.   The BZA shall be composed of a total of five (5) members appointed by the Mayor and approved by City Council.
         B.   The term of all members shall be five (5) years and their terms shall be so arranged that the term of one (1) member shall expire each year.
      (3)   Alternates.
         A.   The Mayor may appoint up to two (2) alternate members, with approval from City Council, for a term of five (5) years each.
         B.   An alternate member shall take the place of an absent regular member at any meeting of the BZA. An alternate shall also take the place of a regular member that has to recuse themselves or abstain from a discussion or action.
         C.   An alternate member shall meet the same appointment criteria as a regular member.
         D.   When attending a meeting on behalf of an absent member, the alternate member may vote on any matter the absent member is authorized and eligible to vote for provided the member attended all pertinent public meetings or hearings.
         E.   When a vacancy occurs, alternate members do not automatically become full members of the BZA. Alternate members have to be appointed by the Mayor to replace a full member upon a vacancy.
      (4)   Roles and Powers of the BZA. The BZA shall have the following roles and powers to:
         A.   Hear, review, and decide on appeals of any administrative decision where it is alleged there is an error in any administrative order, requirement, decision, or determination made by the HRC, ZEO, or other staff member authorized to make such decisions or orders, unless another appeals board is established by this code;
         B.   Hear, review, and decide on variance requests in accordance with the applicable provisions of this code;
         C.   Resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of Section 1104.03(b);
         D.   To permit the completion, restoration, reconstruction, expansion, or extension of a nonconforming use where the enforcement of the regulations pertaining to nonconforming lots or buildings will result in unnecessary hardship (See Chapter 1115: Nonconformities.); and
         E.   Perform any other duties related to the administration and enforcement of this code as authorized by this code or the ORC.
      (5)   Quorums and Decisions.
         A.   Any combination of three (3) or more regular or alternate members of the BZA shall constitute a quorum.
         B.   A motion made on a decision shall carry when at least three (3) members of the BZA concur.
         C.   General business items that do not include decisions on applications, such as continuance or approval of minutes, shall only require a majority of the quorum to concur.
         D.   A member of a BZA shall not be qualified to vote if that member did not attend the public hearing of the applicable case subject to a decision unless he or she has read or listened to the transcript of the public hearing.
         E.   A member of the BZA shall not be qualified to vote if they have a direct or indirect interest in the issue subject to the application or any other conflict of interest.
      (6)   Special Provisions for BZA Hearings.
         A.   The BZA has appellate jurisdiction relative to appeals and variances.
         B.   The BZA shall make findings and conclusions which support all of its decisions. The findings and conclusions shall set forth and demonstrate the manner in which the decision carries out and helps administer and enforce the provisions of this code, including the application of any review criteria for the subject application.
         C.   The BZA shall have the power to subpoena and compel the attendance of witnesses, to administer oaths, to compel testimony and to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
         D.   Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. Comments may also be submitted in writing or verbally to the ZEO in advance of the hearing.
         E.   The privilege of cross-examination of witnesses shall be accorded all interested parties or their attorney.
      (7)   Record of Decisions. Following the BZA's decision, the applicant shall be notified of the decision, in writing, including any conditions of approval.
   (d)   Organization and Roles of the Historical Review Commission (HRC).
      (1)   Establishment. The City of Mount Vernon Historical Review Commission (HRC) is hereby established.
      (2)   Membership and Terms.
         A.   The HRC shall be composed of the members of the MPC plus two (2) additional members appointed by the Mayor and confirmed by City Council. These two (2) additional members shall represent the historical districts and at least one of them shall be a resident freeholder from within the districts.
         B.   An attempt shall be made to appoint such additional members from fields or professions related to historic preservation, architecture, building inspection, City planning, or similar directly related fields.
         C.   The term of the MPC members of the HRC shall be that established by Section 1102.04(b)(2). For the two (2) additional members, their terms shall be five (5) years.
      (3)   Roles and Powers of the HRC. The HRC shall have the following roles and powers to:
         A.   Review and make decisions with respect to certificates of appropriateness regarding any change, demolition, construction, preservation, restoration, reconstruction, and rehabilitation of any structure or property within its jurisdiction;
         B.   Review and make decisions on certain alternative equivalent compliance applications as it relates to historic district guidelines;
         C.   Make recommendations regarding amendments to this code as they affect historic districts and related guidelines and standards;
         D.   Act in an advisory role to other officials and departments of local government regarding the protection of local cultural resources; and
         E.   Perform any other duties related to the administration and enforcement of this code as authorized by this code or by ordinance of City Council.
      (4)   Quorums and Decisions.
         A.   Any combination of four (4) or more members of the HRC shall constitute a quorum.
         B.   A motion made on a decision shall carry when at least four (4) members of the HRC concur.
         C.   General business items that do not include decisions on applications, such as continuances or approval of minutes, shall only require a majority of the quorum to concur.
         D.   A member of a HRC shall not be qualified to vote if that member did not attend the public hearing or meeting of the applicable case subject to a decision unless he or she has read or listened to the transcript of the public hearing or meeting, as applicable.
         E.   A member of the HRC shall not be qualified to vote if they have a direct or indirect interest in the issue subject to the application or any other conflict of interest.
            (Ord. 2024-032. Passed 7-22-24.)

1102.05 ZONING ENFORCEMENT OFFICER (ZEO).

   (a)   Establishment. The position of City of Mount Vernon ZEO shall be established to aid in the administration and enforcement of this code. The ZEO may be provided with the assistance of such other persons as the SSD may direct.
   (b)   Roles and Powers of the ZEO. The ZEO shall have the following roles and powers to:
      (1)   Enforce the provisions of this code. The ZEO shall have all necessary authority on behalf of the City to administer and enforce the provisions of this code. Such authority shall include the ability to order, in writing, the remedy of any condition found in violation of this code and the ability to bring legal action to ensure compliance with the provisions including injunction, abatement, or other appropriate action or proceeding. All officials and employees of the City may assist the ZEO by reporting to the ZEO any new construction, reconstruction, land uses, or violations that are observed;
      (2)   Review and provide comments and reports, as needed, for the various procedures where the MPC, HRC, BZA, or City Council reviews an application;
      (3)   Review and make administrative decisions on zoning permits and administrative waiver applications;
      (4)   Review and make decisions on questions of interpretation related to this code;
      (5)   Accept, review for completeness, and respond to questions regarding review procedure applications established in this code;   
      (6)   Participate in any pre-application meetings as may be requested by a property owner or potential applicant in accordance with this code;
      (7)   Coordinate the City's administrative review of applications required by this code, including, but not limited to, rezoning applications, conditional use applications, and subdivision plats;
      (8)   Review and make decisions on minor subdivision applications;
      (9)   Maintain in current status the official zoning map;
      (10)   Serve as the Secretary of the MPC, BZA, and HRC;
      (11)   Refer requests for appeals of decisions to the BZA pursuant to the procedures established in Section 1103.07;
      (12)   Provide such technical and consultation assistance as may be required by the BZA, HRC, the MPC, and City Council, in the exercise of their duties relating to this code;
      (13)   Maintain permanent and current records of all applications and the decisions related to those applications;
      (14)   Review, inspect property, and make decisions on compliance with the provisions of this code;
      (15)   Investigate complaints and issue citations or other forms of enforcement and penalties for any violations and keep adequate records of all violations;
      (16)   Order discontinuance of any illegal work being done;
      (17)   Revoke a zoning permit issued contrary to this code or based on a false statement or misrepresentation on the application;
      (18)   Recommend to the MPC revocation of conditional use where they believe the terms of permits have been violated;
      (19)   Take any other action authorized by this code to ensure compliance with or to prevent violation(s) of this code;
      (20)   Prepare and submit an annual report to the City Council and MPC on the administration of this code, setting forth such information as may be of interest and value in advancing and furthering the purpose of this code. Such report shall include recommendations concerning the schedule of fees; and
      (21)   Undertake any additional work as specified by this code or as requested by the Safety Service Director, the review boards, or City Council.
   (c)   Decisions of the ZEO. A decision of the ZEO may be appealed to the BZA in accordance with Section 1103.07 unless another appeals board is established by this code.
(Ord. 2024-032. Passed 7-22-24.)