Sharonville City Zoning Code

CHAPTER 1127

Decision-Making Roles and Authorities

1127.01 PURPOSE.

The purpose of this chapter is to set forth the powers and duties of the City of Sharonville's various review boards and administrative staff with respect to the administration and enforcement of the provisions of this code.

(Ord. 2022-22. Passed 5-10-22.)

1127.02 REVIEW AUTHORITY NAMES, REFERENCES, AND DELEGATION.

(a) Review Authority Names and References. For the purposes of this code, the formal names of the administration and decision-making authorities identified above may also be referred to abbreviated names as identified below:

(1) The City of Sharonville City Council may be hereafter referred to as "City Council" or "Council."

(2) The City of Sharonville Planning Commission may be hereafter referred to as the "Planning Commission" or "PC."

(3) The City of Sharonville Board of Zoning Appeals may be hereafter referred to as the "Board" or "BZA."

(4) The City of Sharonville Director of Community Development may be hereafter referred to as the "Director of Community Development."

(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. 2022-22. Passed 5-10-22.)

1127.03 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 Unit Development in accordance with Chapter 1109: Planned Unit Developments;

(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) Initiate, hear, review, and make decision related to the designation of historic sites and districts;

(f) Perform any other duties related to the administration and enforcement of this code as authorized by this code and the ORC.

(Ord. 2022-22. Passed 5-10-22.)

1127.04 REVIEW BOARDS.

For the purposes of this code, there shall be review boards established for the administration and enforcement of this code including the PC and BZA.

(a) General Rules and Regulations for All Review Boards. The following shall apply to the PC and BZA:

(1) 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) Except where the organizational requirements of this chapter allow for, or the ORC mandates, membership by an elected official or employee of the City, members of the review boards shall not otherwise be employed or appointed to any other Sharonville municipal office.

(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) 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.

(5) 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.

(6) The review boards shall keep a record of their meetings and hearings, which shall be a public record.

(7) All meetings of the review boards shall be open to the public, except as exempted by law.

(8) The departments, divisions, and agencies of the City shall cooperate with and assist the boards in implementing the purposes for which they are formed.

(9) Alternates.

A. The Mayor may appoint up to two alternate members to each review board for a term of two (2) years each.

B. An alternate member shall take the place of an absent regular member at any meeting of the applicable review board.

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 applicable review board. Alternate members have to be appointed by the Mayor to replace a full member upon a vacancy.

(10) Meetings.

A. Each review board shall hold such meetings as it may require for conducting its business. Prior to the end of each year, the members shall, by motion, determine the dates of its regular meetings for the succeeding year.

B. The Chairperson of each board or the Director of Community Development may cancel a meeting if there is no pending business to be conducted.

C. Special meetings may be called by the Chairperson 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 shall elect a Chairperson who shall serve for a one-year term. The boards may also elect a Vice-Chairperson, who shall also serve for a one-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.

(b) Organization and Roles of the Planning Commission.

(1) Establishment. The City of Sharonville Planning Commission is hereby established by City Council pursuant to Chapter 713 of the ORC.

(2) Membership and Terms. Membership of the Planning Commission shall be in accordance with Chapter 713 of the ORC, including the length of terms.

(3) Roles and Powers of the Planning Commission. The Planning Commission shall have the following roles and powers:

A. Initiate, hear, review, and make recommendations to City Council for the approval of a Comprehensive Plan and other 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 recommendations or decisions related to Planned Unit Developments in accordance with Chapter 1109: Planned Unit Developments;

D. Hear, review, and make decisions on conditional use permits in the respective zoning district;

E. Hear, review and make decisions on requests for substitution of nonconforming uses in accordance with Section Chapter 1131: Nonconformities;

F. Review and make decisions on site plan applications;

G. Review and make decisions on the preliminary subdivision plats and final subdivision plats for major subdivisions;

H. Review and make decisions on requests for subdivision modifications;

I. 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;

J. Serve as the commission to review and address historic landmarks, historic sites, and historic districts including the following roles and powers:

i. 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;

ii. The Commission shall determine the appropriateness of the application regarding demolition, construction, preservation, restoration, reconstruction and rehabilitation of structures identified and listed as a landmark, historic district, contributing building or historic site;

iii. Make recommendations regarding amendments to this code as they affect historic districts or landmarks;

iv. Establish the procedures for evaluating applications for certificates of appropriateness;

v. Establish and use written guidelines for the preservation of designated landmarks, historic districts, contributing buildings or historic sites (See Chapter 1115: Historic Preservation.);

vi. Conduct or cause to be conducted a continuing survey of cultural resources in the community, according to the guidelines established by the Ohio Historic Preservation Office or other preservation agencies;

vii. Act in an advisory role to other officials and departments of local government regarding the protection of local cultural resources;

viii. Review applications for designation as a historic landmark or historic district according to the procedures and criteria in this chapter; and

ix. Perform any other duties related to the administration and enforcement of this code as authorized by this code or by ordinance of City Council.

K. 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

L. 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.

(4) Special Provisions for Planning Commission Hearings Related to Conditional Use Review. As stated in Chapter 1129: Review Procedures, a conditional use shall be reviewed through an adjudication hearing that allows the PC to have the additional powers as part of the review of any conditional use application:

A. The Planning Commission 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.

B. The Planning Commission shall have the power to subpoena and require 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.

C. 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 Community Development Department, and provided to the PC in advance of the hearing.

D. The privilege of cross-examination of witnesses shall be accorded all interested parties or their attorney.

(5) Quorums and Decisions.

A. Any combination of three or more regular or alternate members of the Planning Commission shall constitute a quorum.

B. A motion made on a decision shall carry when at least three (3) members of the Planning Commission 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 Planning Commission 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 Planning Commission 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.

(1) Establishment. The City of Sharonville Board of Zoning Appeals is hereby established.

(2) Membership and Terms.

A. The BZA shall be composed of a total of seven (7) members appointed by the Mayor.

B. The terms of all members shall be of such lengths and so arranged so that the term of at least one but not more than two (2) members shall expire each year.

(3) 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 Director of Community Development 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 1103.03(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 1131: Nonconformities.); and

E. Perform any other duties related to the administration and enforcement of this code as authorized by this code or the ORC.

(4) Quorums and Decisions.

A. Any combination of four 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 four (4) 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.

(5) Special Provisions for BZA Hearings.

A. 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.

B. The BZA shall have the power to subpoena and require 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. The privilege of cross-examination of witnesses shall be accorded all interested parties or their attorney.

(6) Record of Decisions. Immediately following the BZA's decision, the applicant shall be notified of the decision, in writing, including any conditions of approval.

(Ord. 2022-22. Passed 5-10-22.)

1127.05 ADMINISTRATIVE STAFF.

(a) Director of Community Development.

(1) Establishment. The position of City of Sharonville Director of Community Development shall be established to aid in the administration and enforcement of this code. The Director of Community Development may be provided with the assistance of such other persons as the Mayor may direct.

(2) Roles and Powers of the Director of Community Development. The Director of Community Development shall have the following roles and powers to:

A. Enforce the provisions of this code. The Director of Community Development 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 Director of Community Development by reporting to the Director of Community Development any new construction, reconstruction, land uses, or violations that are observed;

B. Review and provide comments and reports, as needed, for the various procedures where the PC, BZA, or City Council reviews an application;

C. Review and make administrative decisions on certificates of zoning approval and administrative waiver applications;

D. Review and make decisions on questions of interpretation related to this code;

E. Accept, review for completeness, and respond to questions regarding review procedure applications established in this code;

F. Participate in any pre-application meetings as may be requested by a property owner or potential applicant in accordance with this code;

G. Coordinate the City's administrative review of applications required by this code, including rezoning applications, site plan review, conditional use applications, and subdivision plats;

H. Review and make decisions on minor subdivision applications;

I. Maintain in current status the official zoning map;

J. Refer requests for appeals of decisions to the BZA pursuant to the procedures established in Section 1129.13;

K. Provide such technical and consultation assistance as may be required by the BZA, the PC, and City Council, in the exercise of their duties relating to this code;

L. Maintain permanent and current records of all applications and the decisions related to those applications;

M. Review, inspect property, and make decisions on compliance with the provisions of this code;

N. Investigate complaints and issue citations or other forms of enforcement and penalties for any violations and keep adequate records of all violations;

O. Order discontinuance of any illegal work being done;

P. Revoke a certificate or approval issued contrary to this code or based on a false statement or misrepresentation on the application;

Q. Take any other action authorized by this code to ensure compliance with or to prevent violation(s) of this code;

R. Undertake any additional work as specified by this code or as directed by the review boards or City Council.

(3) Decisions of the Director of Community Development. A decision of the Director of Community Development may be appealed to the BZA in accordance with Section 1129.13 unless another appeals board is established by this code.