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Newton Falls City Zoning Code

CHAPTER 1159

Planning and Zoning Commission

1159.01 ESTABLISHMENT OF PLANNING AND ZONING COMMISSION.

   A Planning and Zoning Commission is hereby created with the powers and duties set forth below.

1159.02 MEMBERSHIP.

   The Planning and Zoning commission shall be composed of 5 members appointed by the City Council to serve staggered terms of 5 years. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by a majority vote on the total membership of City Council upon written charges and after public hearing.

1159.03 PROCEEDINGS.

   The Planning and Zoning commission shall draw up and adopt rules governing the conduct of the affairs which are in keeping with the provisions of this ordinance. The rules shall provide and require the following in addition to other rules and regulations the Commission shall adopt.
   (a)   Officials. At the first meeting after its establishment, the Commission shall elect one of its members as chairman to serve for one year. A vice chairman and other officers as are deemed necessary shall be elected from among the members. All such officers shall serve one-year terms and may succeed themselves. The chairman, or in his absence the vice chairman, shall preside, may administer oaths, and compel the attendance of witnesses and the production of papers, records, and other documents by subpoena.
   (b)   Meetings. Meetings of the Commission shall be held at the call of the chairman and at such other times as the Commission may determine. Due notice shall be given to all parties in interest. All meetings of the Commission shall be open to the public. All evidence and testimony shall be presented publicly.
   (c)   Minutes of Proceedings. The commission shall keep minutes of its proceedings, showing the vote of each member upon every question or his absence or failure to vote, indicating such fact, and also keep records of its examinations, findings, determinations, and any other official action. No final action shall be taken unless a majority of the total membership of the Commission is present.

1159.04 APPEALS AND HEARINGS.

   (a)   Appeals to the Planning and Zoning Commission concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by any officer, department, board, or bureau of the City. Such appeal shall be taken within such time as shall be prescribed by the Planning and Zoning Commission by general rule, by filing with the officer from whom the appeal is taken, and with the commission, a notice of appeal specifying the grounds. The officer from whom the appeal is taken shall forthwith transmit to the Commission all the papers constituting the record from which the action appeals was taken.
   (b)   An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In this case, proceedings shall not be stayed other wise than by a restraining order, which may be granted by the Commission or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
   (c)   The Planning and Zoning Commission shall fix a reasonable time for hearing the appeal, give due notice of the hearing to the parties concerned, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney. The Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and shall make such order requirement, decision, or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken.

1159.05 POWERS AND DUTIES.

   The Planning and Zoning Commission shall have the following powers and duties.
   (a)   Review. The Planning and Zoning Commission shall hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by the Zoning Administrator in the enforcement of this ordinance.
   (b)   Variances.
      (1)   The Planning and Zoning Commission may authorize upon written appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship or peculiar and exceptional practical difficulties.
      (2)   Before action is taken on a request for a variance, the Planning and Zoning Commission shall hold one or more public hearings at which any party may appear in person, by agent, or attorney.
      (3)   Notice shall be given at least 7 days in advance of a public hearing. The owner of the property and all property owners immediately adjacent to the property for which the variance is requested or his agent shall be notified by mail. Notice of hearings shall be made in a newspaper of general circulation.
      (4)   A variance from the terms of this ordinance may be granted by the Planning and Zoning Commission upon finding that:
         A.   There are special conditions and circumstances which are peculiar to the land structure, or building involved which are not applicable to other lands, structures, or buildings in the same district.
         B.   A literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.
         C.   The special conditions and circumstances do not result from the actions of the applicant.
         D.   Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.
         E.   The variance requested will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
         F.   The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure.
      (5)   No nonconforming use of neighborhood lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered ground for the issuance of a variance.
UNDER NO CIRCUMSTANCES SHALL THE PLANNING AND ZONING COMMISSION GRANT A VARIANCE TO ALLOW A USE NOT PERMISSIBLE UNDER THE TERMS OF THIS ORDINANCE IN THE DISTRICT INVOLVED.
   (c)   Uses Permitted on Review. The Planning and Zoning Commission may hear and decide upon uses permitted on review specifically authorized by the terms of this ordinance. A use permitted on review shall not be authorized by the Planning and Zoning Commission unless and until:
      (1)   A written application is submitted.
      (2)   Notice shall be given at least 7 days in advance of a public hearing.
      (3)   A public hearing shall be held.
      (4)   The Board shall make findings.
      (5)   The Board shall make written findings certifying compliance with the regulations governing the special use.
   (d)   Additional Powers.
      (1)   In addition to the powers conferred upon the Planning and Zoning Commission, the Commission shall have authority to interpret district boundaries where boundaries on the ground are at variance with those shown on the Official Zoning Map.
      (2)   In granting any variance, the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards shall be a violation of this ordinance and punishable under Section 1163.99.
UNDER NO CIRCUMSTANCES SHALL THE PLANNING AND ZONING COMMISSION GRANT A VARIANCE TO ALLOW A USE NOT PERMISSIBLE UNDER THE TERMS OF THIS ORDINANCE OR ANY USE EXPRESSLY OR BY IMPLICATION PROHIBITED BY THE TERMS OF THIS ORDINANCE IN THE DISTRICT INVOLVED.

1159.06 DECISIONS.

   The concurring vote of 4 members of the Planning and Zoning Commission shall be necessary to reverse any ordinance, requirement, decision, or determination of the Zoning Administrator charged with the enforcement of this ordinance or to decide in favor of the applicant any matter upon which it is required to pass under this ordinance or to grant a variance from the provisions of this ordinance.

1159.07 APPEALS.

   Every decision of the Planning and Zoning Commission shall be subject to review by a court of record in the manner provided by the law.

1159.08 FEES.

   A fee of one hundred dollars ($100.00) shall be paid to the City of Newton Falls Zoning Administrator for each application for a variance.

1159.09 DUTIES OF ADMINISTRATIVE OFFICIAL, PLANNING AND ZONING COMMISSION, CITY COUNCIL, AND COURTS ON MATTERS OFAPPEAL.

   (a)   It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator. Such questions shall be presented to the Planning and Zoning Commission only on appeal from the decision of the Zoning Administrator with recourse to a court of competent jurisdiction.
   (b)   It is further the intent of this ordinance that the duties of the City Council in connection with this ordinance 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 and this ordinance. Under this ordinance, the City Council shall have only the duty of considering and adopting or rejecting proposed amendments or the repeal of this ordinance, as provided by law.