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Swanton City Zoning Code

ARTICLE 150

61 ADMINISTRATIVE POWERS AND DUTIES

§ 150.611 INTENT.

   This Article sets forth the powers and duties of the Zoning Administrator, Planning Commission, Committee of Zoning Appeals, and the Village Council with respect to the administration of the provisions of this Zoning Code.
(Ord. 2023-03, passed 2-27-2023)

§ 150.612 ZONING ADMINISTRATOR.

   (A)   Establishment. The Zoning Administrator, and his or her designee, shall act as the administrative officer for the purpose of effecting the proper administration of the Zoning Code, and may promulgate the necessary forms for carrying such duties.
   (B)   Powers and Duties. The Zoning Administrator shall have the following powers and duties:
      (1)   To enforce the provisions of this Code, unless specifically stated otherwise. The Zoning Administrator shall have all necessary authority on behalf of the Village to administer and enforce the provisions of this Code. The Administrator can appoint a qualified person to do inspections when necessary;
      (2)   To determine the meaning and application of this Zoning Code and its provisions;
      (3)   To accept, review for completeness, and respond to questions regarding applications upon which the Zoning Administrator is authorized by the provisions of this Zoning Code to review, including amendments to the Zoning Code, development plan review, variances, conditional uses, plats, and appeals;
      (4)   To coordinate the Village’s administrative review of applications required by this Zoning Code;
      (5)   To issue Zoning Permits and Certificates of Zoning Compliance as provided by this Zoning Code and keep a record of the same with a notation of any special conditions involved;
      (6)   To review and act on sign applications, as provided for in Article 35, Sign Regulations, according to the procedures, standards, and criteria stated in this Zoning Code;
      (7)   To provide such technical and consultation assistance as may be required by the Planning Commission, the Committee of Zoning Appeals, the Village Council, and other boards and commissions, in the exercise of their duties relating to this Code;
      (8)   To maintain any records required by this Zoning Code including, but not limited to, inspection documents, records of all variances, amendments, development plan applications, and similar use determinations;
      (9)   To make such records available for the use of Council, the Planning Commission, the Committee of Zoning Appeals, and the public according to Ohio Law;
      (10)   To conduct or cause the inspection of buildings and uses of land to determine compliance with this Zoning Code;
      (11)   To determine the existence of any violations of this Zoning Code and cause such notifications of violations or revocation notices, stop work orders to be issued, or initiate such other administrative or legal action as needed to address such violations;
      (12)   To maintain in current status the “Official Zoning Map” of the Village of Swanton, as same may be amended; and
      (13)   To perform such other functions as are referred or delegated by the Village Council or the Mayor.
(Ord. 2023-03, passed 2-27-2023)

§ 150.613 PLANNING COMMISSION.

   (A)   Establishment. In accordance with R.C. § 713.01, there is established a Village Planning Commission of five members consisting of the Mayor; one member of the Village Council to be elected thereby for the remainder of his/her term as such member of Village Council; and three electors of the municipality who shall be appointed by the Mayor, subject to the approval of a majority of the members elected to Council. Each appointee shall serve for a term of six years, except that the term of one of the members of the first commission shall be for four years and one for two years, so that the terms of the three appointed members are staggered.
   (B)   Officers and Rules. The Planning Commission shall elect a Chairperson and Vice Chairperson from its members. The Zoning Administrator shall serve as Secretary to the Commission. The Commission shall adopt rules or by-laws for the holding of regular and special meetings, the transaction and disposition of its business and the exercise of the powers of the Commission, such procedure shall be followed.
   (C)   Quorum. All meetings of the Planning Commission shall be open to the public. A majority of its members shall constitute a quorum at any meeting. No action of the Commission shall be deemed taken unless concurred in by a majority of its members.
   (D)   Employment of Consultants. The Planning Commission may control, appoint or employ professional services, and may appoint clerks, craftsmen and other subordinates as it finds necessary in connection with the performance of its functions and duties. Expenditures for such service and employment shall be within the amount appropriated for such purpose by the Council.
   (E)   Planning Commission Powers and Duties. The Planning Commission shall have such powers as are conferred by the general laws of the state, by ordinance of the Village Council as well as the following powers and duties:
      (1)   To review and act on all development plans as required by this Zoning Code;
      (2)   To review and act on Conditional Use Permits according to the procedures, standards and criteria stated in this Zoning Code;
      (3)   To make a determination that a proposed use not listed or provided for in this Zoning Code is substantially similar to a principal use that is listed and provided for in this Zoning Code and refer such determination to the Village Council for confirmation;
      (4)   To review and act on proposed subdivision plats according to the procedures, standards and criteria stated in Articles 151.30 and 151.40 of the Subdivision Regulations;
      (5)   To hear and decide appeals from the refusal by the zoning administrator to issue a zoning permit or certificate of zoning compliance;
      (6)   To authorize in specific cases exceptions to and variations from the terms of this Zoning Code as will not be contrary to the public interest, according to the review criteria set forth in this Zoning Code;
      (7)   To review all proposed amendments to this Zoning Code and make recommendations to the Village Council as provided in this Zoning Code;
      (8)   To 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 Village of Swanton;
      (9)   To resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of § 150.155, District Boundary Lines;
      (10)   To review nonconforming uses, structures, buildings, site conditions in accordance with the provisions of this Zoning Code; and
      (11)   To perform such other functions as are referred or delegated to it by the Village Council or the Mayor.
(Ord. 2023-03, passed 2-27-2023)

§ 150.614 COMMITTEE OF ZONING APPEALS.

   (A)   Establishment. In accordance with R.C. § 713.11, there is hereby established a Council Committee of Zoning Appeals consisting of the four Village Council members who do not serve on the Planning Commission.
   (B)   Powers and Duties. The Committee of Zoning Appeals shall have the following powers and duties:
      (1)   To hear appeals and decide any issue involving the application of impartial considerations and judgments in regard to decisions made by the Planning Commission on matters relating to this Zoning Code, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits; and
      (2)   To hear and decide all matters specifically referred to it for decisions in other sections of this Zoning Code.
      (3)   This does not include zoning text or map amendments.
   (C)   Officers. Committee membership shall not include the Mayor or the Council member serving as a member of the Village Planning Commission. The Committee shall elect a Chairperson and Secretary from among its members.
   (D)   Meetings.
      (1)   All hearings conducted by the Committee shall be open to the public.
      (2)   Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney.
      (3)   The Committee shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
      (4)   The concurring vote of three members of the Committee shall be necessary to reverse any order, requirement, decision or determination of any duly authorized administrative officer.
      (5)   A member of the Committee shall not be qualified to vote, if he or she has a direct or indirect interest in the issue appealed.
(Ord. 2023-03, passed 2-27-2023)

§ 150.615 VILLAGE COUNCIL.

   For the purposes of this Zoning Code, the Village Council shall have the following powers and duties:
   (A)   To 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 Village of Swanton;
   (B)   To hold public hearings and vote upon proposed amendments to this Zoning Code Zoning Map;
   (C)   To approve the dedication of any public land, streets, or easements, and the vacation of dedicated street right-of-ways; and
   (D)   To hear and decide all other matters upon which it is required to pass by this Zoning Code.
(Ord. 2023-03, passed 2-27-2023)