New Concord City Zoning Code
CHAPTER 1185
Planning Commission
1185.01 ESTABLISHMENT AND ORGANIZATION OF THE PLANNING COMMISSION.
The New Concord Village Planning Commission is established and organized pursuant to Ordinance K-2-68.
(Ord. K-5-94-2. Passed 5-9-94.)
1185.02 POWERS AND DUTIES.
With respect to the administration of this Ordinance, the Planning Commission has the following responsibilities:
(c) To review and act upon site plans.
(d) To review and act upon development plans and applications for PUD zoning classification.
(e) To review and act upon applications for conditional uses.
(f) To review and act upon changes to non-conforming uses according to section 800.7.
(Ord. K-5-94-2. Passed 5-9-94.)
(Ord. K-5-94-2. Passed 5-9-94.)
(g) In the absence of a functional Board of Zoning Appeals, the Planning Commission shall have the temporary power to authorize and carry out the purposes, intent and provisions of Title Three Chapter 1189 - Board of Zoning Appeals.
(Ord. 2021-50. Passed 12-13-21.)
1185.03 REVIEW OF CONDITIONAL USES.
Within zoning districts there may be uses listed as conditional. The Planning Commission shall have the power to decide applications for conditional uses in those cases specified in this ordinance. In considering such applications, the Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures and may impose such requirements and conditions as the Planning Commission may deem necessary for the protection of adjacent properties and the public interest, which includes additional landscaping, screening, buffering, or other site design modifications. To approve a conditional use, the Planning Commission must find that all of the following conditions are true:
(a) That the proposed use is in fact listed as conditional use in the zoning district.
(b) That the proposed use will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity.
(c) That the proposed use will not be hazardous or disturbing to existing or future neighboring uses.
(d) That the proposed use would be served adequately by essential public services such as highways, police and fire, drainage, refuse disposal, water and sewer, or schools.
(e) That the proposed use will not create excessive additional requirements at public cost for facilities or services.
(f) That the proposed use will not involve activities, processes, materials, equipment, or conditions of operation that would be detrimental to the neighborhood because of excessive traffic, noise, smoke, or odors.
(g) That the proposed use will not have vehicular approaches to the property that will create interference with traffic movement.
(h) That the proposed use will not result in destruction or damage of natural or historic features of major importance. (Ord. K-5-94-2. Passed 5-9-94.)
1185.04 EXPIRATION OF CONDITIONAL USES.
Approval of a conditional use shall be deemed to authorize only one particular conditional use. Such approval shall expire if such use has not been instituted in one year or if discontinued for more than two (2) years.
(Ord. K-5-94-2. Passed 5-9-94.)
1185.05 HEARINGS AND RULES.
The hearings of the Planning Commission shall be public. However, they may go into executive session for discussion according to applicable laws, but not for vote on any case before it. The Planning Commission shall adopt from time to time such rules and regulations as it may deem necessary to effectuate the provisions of this Ordinance.
(Ord. K-5-94-2. Passed 5-9-94.)
1185.06 MINUTES AND RECORDS.
The Planning Commission shall 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, all of which shall be immediately filed in the Office of the Clerk and shall be a public record.
(Ord. K-5-94-2. Passed 5-9-94.)
1185.07 WITNESSES AND OATHS.
The Planning Commission shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents under such regulations as it may establish.
(Ord. K-5-94-2. Passed 5-9-94.)
1185.08 NOTIFICATION OF SITE PLAN REVIEW.
The Planning Commission shall notify owners of any property within 200 feet of any area applying for site plan review as required by this Ordinance by regular mail at least ten (10) days prior to the hearing.
(Ord. K-5-94-2. Passed 5-9-94.)