There are hereby delegated to the Planning Commission all powers and functions now or hereafter authorized by law to be delegated to any administrative board with respect to any planning or zoning commission, including, without prejudice to the generality of this delegation, the following powers and functions.

(Ord. 78-5-2. Passed 5-2-78.)

   The Planning Commission shall hear and determine all appeals from the refusal of the Inspector of Buildings, because of anything contained in this Zoning Code, to issue a building permit and/or certificate of use compliance and from any decision or action of the Inspector in the administration or enforcement of this Zoning Code.

(Ord. 78-5-2. Passed 5-2-78.)

   Any person may appeal a decision or action of the Inspector of Buildings in the enforcement and administration of this Zoning Code to the Planning Commission within ten days after the date of such decision or action, by filing with the Planning Commission a written notice of such appeal. The Planning Commission shall hear and determine such appeals within twenty days after the filing thereof.

(Ord. 78-5-2. Passed 5-2-78.)

   Any appeal heard and determined by the Planning Commission under this chapter may be appealed to Council by any person so appealing to the Planning Commission, by the same procedural method provided in Section 1246.02. Council may then, by majority vote, act de novo upon the matter, subject to the limitations and conditions applicable to the Planning Commission.

(Ord. 78-5-2. Passed 5-2-78.)

   (a)   The Planning Commission may, in individual cases, after public hearing and subject to such conditions and safeguards as it may establish, permit such exceptions to and variations from the regulations of this Zoning Code as will not be contrary to the public interest, so that the general purpose and intent of this Zoning Code shall be observed and substantial justice done. Council may, by the vote of four members of Council, override the decision of the Planning Commission granting variances, provided, however, that the vote to do so must be made at the regular Council meeting immediately after the Planning Commission meeting granting said variance. Variances granted pursuant to this section, unless acted upon, shall expire in one year.

   (b)   Notices of the request for a variance shall be delivered to the address of the abutting property owners via personal service, regular mail or email, and recorded by the Building Inspector at least five days before the Planning Commission meeting to discuss said variance. In the event the parcel is vacant, the notice of said hearing shall be mailed via regular mail to the last known address of the owner of the property in the manner prescribed above. Notice to abutting property owners shall state the nature of the request and an explanation of their right to object. Objections shall be made in person at the Planning Commission meeting, in writing via regular mail, or by email by the owner or the owner's representative.

(Ord. 99-3-4. Passed 6-1-99; Ord. 2023-2-10. Passed 4-4-23.)

   (a)   Conditions for Granting. The Planning Commission shall have the power, in specific cases, to vary the application of certain provisions of this Zoning Code, in order that the public health, safety and general welfare may be safeguarded and substantial justice done, for the following reasons:

      (1)   When the literal application of the provisions of this Zoning Code would result in unnecessary hardships peculiar to the property involved and not based on conditions created by the owner. A theoretical loss or limiting possibilities of economic advantage are general hardships, not unnecessary hardships;

      (2)   Where other exceptional circumstances or conditions (such as topographical or geological conditions or the type of adjoining development) are applicable only to the property involved or the intended use of the property and do not apply to other property within the same zone, unless the same exceptional circumstances prevail;

      (3)   Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located; and

      (4)   Where the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code.

   (a)   Residential Variances. When appealing for a residential variance, the applicant shall submit an eight and one-half inch by eleven-inch sketch of the request and a short statement of the desired variance. The Planning Commission shall keep the application on file, along with meeting minutes, whether or not the variance is granted.

   (b)   Industrial/Commercial/Business/All Other Variances. When appealing for a variance or modification, the applicant shall state and substantiate the claim that each of the four conditions listed in subsection (a) hereof exists, and the Planning Commission shall approve or disapprove based on the validity of the statement. An eleven-inch by seventeen-inch (or larger) scale drawing of the request shall be submitted, graphically presenting the situation, as an aid for the Inspector of Buildings.

(Ord. 94-10-7. Passed 12-6-94.)

   (a)   A variance, once granted, shall not be withdrawn or changed, unless there is a change of circumstances or if, after the expiration of one year, no substantial construction is done in accordance with the terms and conditions for which such variance is granted. In such circumstances, the Inspector of Buildings shall give a notice, in writing, and thirty days thereafter the variance shall be deemed null and void, and all regulations governing the premises in question shall revert to those in effect before the variance was granted.

   (b)   If a variance as provided in Section 1246.03 has been denied by Council, then Council need not reconsider the variance if it is resubmitted within six months after the date of the decision, unless the underlying conditions have substantially changed.

(Ord. 94-10-8. Passed 12-6-94.)

   (a)   The removal of topsoil, trees and other vegetation, loam, sand, gravel, rock, stone, clay and other similar substances from the land results in noise and the creation of large quantities of dust, which prove obnoxious to inhabitants in the vicinity thereof, creates erosion, drainage problems, swamps and lakes, frequently results in damage to adjoining properties by disturbing the substructure thereof, tends to have a disrupting effect on ground water supplies, results in other similar dangers to public health and safety, results in unsightly and blighted areas unfit for other and useful purposes, thus retarding or preventing the development of desirable residential, commercial and industrial areas, depressing property and other values in the neighborhood, permanently destroying the land and leaving it almost valueless for any purpose and creates the highway hazards of heavy trucks and other equipment on the roads and the scattering of earth and debris thereon, and, unless properly planned, regulated and supervised, has an adverse effect upon the public peace, health, safety and general welfare. Therefore, any person wishing to change the contours of land by grading, excavating or filling, or desiring to remove topsoil, trees and other vegetation, loam, sand, gravel, rock, stone, clay and other similar substances from land located in any area or place within the Village, shall, prior to commencing or continuing any such operation, file with the Village Engineer a written application for permission to carry on such operations. Such application shall contain the following information:

      (1)   The name and address of the applicant and the name and address of the owner of the land, if different from those of the applicant shall be included.

      (2)   A description of the land, with boundaries, upon which such operations are proposed to take place shall be included. A map of the land, showing its location and dimensions and indicating the part or parts thereof on which it is desired to conduct grading, excavating, filling or removal operations, shall accompany the application.

      (3)   The application shall include the method of operation to be employed, the time within which such work is to be commenced and completed, the existing and proposed topography of the land and its ultimate proposed use, the type and nature of refilling, reseeding or replanting proposed and the name and address of any person who is proposing to do the actual work of grading, excavating, filling or removal. If any such agreement, contract, lease or other arrangement is in writing, a copy thereof must be attached to the application; if such is not in writing, a statement to that effect must be made in the application.

      (4)   The application shall also contain a statement that the applicant and the owner of the land will furnish a performance bond in a sum not to exceed two thousand, five hundred dollars ($2,500) per acre, or fraction thereof, included in the permit, if granted, for changing the contours of the land by grading, excavating or filling or for removing topsoil or loam, and not to exceed five thousand ($5,000) per acre, or fraction thereof, included in the permit, if granted, for other removals in accordance with this Zoning Code.

      (5)   When deemed appropriate by the Village Engineer, any or all of the following additional information may be required:

         A.   The areas of such premises which will be exposed at any one time;

         B.   The type of temporary vegetation and/or mulching which will be used to protect the exposed areas of such premises during the construction of any type of improvements thereon, the changes being made in the contours thereof or in the removal or destruction of topsoil, trees and other vegetation located thereon;

         C.   The location, construction and maintenance of sediment basins (debris basins or silt traps) or other controlled measures on such premises;

         D.   The type of permanent and final vegetation and structures which will be planted and installed on such premises and the time within which such vegetation and structures are to be planted and installed; and

         E.   A description of the type of soil comprising such premises.

   (b)   Such application shall be forwarded to the Planning Commission by the Village Engineer, together with a written report by him or her with respect to the statements contained therein and his or her recommendations thereon.

   (c)   For parcels less than ten acres, the Planning Commission may request a report from the Cuyahoga Soil and Water Conservation District stating its recommendations for adequate erosion and sediment control measures for the proposed grading, excavating, filling or removal operation. After securing all such information as it deems necessary, the Planning Commission shall set the matter down for a public hearing and mail notice thereof to the applicant and the owner of the land at the addresses given in the application not less than five business days prior to the public hearing, excluding the day of

the mailing and including the day of the public hearing. If, after such hearing, the Planning Commission determines that the granting of the application will not adversely affect the public welfare, peace, health, safety and convenience, it shall grant the application with the conditions relating to the method of grading, excavating, filling or removal of the land or area on which the operations are to be conducted, the terms of the permit, the amount of topsoil or loam to be respread on the land, the amount of the removal which may be permitted on the land, the refilling, reseeding or replanting of the land, the drainage after removal and such other conditions as the Planning Commission deems necessary for the protection of the public health, safety, peace, convenience and welfare, which conditions shall be made a part of the permit and constitute limitations thereon.

   (d)   For parcels ten acres or greater, the Planning Commission shall request a report from the Cuyahoga Soil and Water Conservation District stating its recommendations for adequate erosion and sediment control measures for the proposed grading, excavating, filling or removal operation. After securing all such information as it deems necessary, the Planning Commission shall set the matter down for a public hearing and mail notice thereof to the applicant and the owner of the land at the addresses given in the application not less than five business days prior to the public hearing, excluding the day of the mailing and including the day of the public hearing. If, after such hearing, the Planning Commission determines that the granting of the application will not adversely affect the public welfare, peace, health, safety and convenience, it shall grant the application with conditions relating to the method of grading, excavating, filling or removal of the land or area on which the operations are to be conducted, the terms of the permit, the amount of topsoil or loam to be respread on the land, the amount of the removal which may be permitted on the land, the refilling, reseeding or replatting of the land, the drainage after removal and such other conditions as the Planning Commission deems necessary for the protection of the public health, safety, peace, convenience and welfare, which conditions shall be made a part of the permit and constitute limitations thereon.

   (e)   No application shall be granted under this section except upon the concurrence of not less than three members of the Planning Commission at least one of whom shall be the member of Council serving on the Planning Commission. An application granted by the Planning Commission not in compliance with the requirements of this subsection shall be void.

   (f)   In the event the application is denied or is not granted in conformity with subsection (c) or (d) hereof, notice thereof shall be mailed forthwith to the applicant and the owner of the land at the addresses given in the application.

   (g)   If the Planning Commission denies the application, or if the same is not granted in conformity with the provisions of subsection (c) or (d) hereof, the applicant or owner may appeal to Council by filing a written notice of such appeal with the Village Clerk-Treasurer within thirty days from the date of the mailing of the communication sent by the Planning Commission to the applicant and the owner, as provided in subsection (f) hereof. The Village Clerk-Treasurer shall then obtain from the Planning Commission the application, reports, recommendations, documents and minutes, or copies thereof, relating to the application and the action taken thereon by the Planning Commission and submit the same to Council. Council, by majority vote, may act to move upon the application, subject to the limitations and provisions applicable to the Planning Commission.

   If the Planning Commission approves the application, then the Village Clerk-Treasurer or Village Engineer shall obtain from the Planning Commission the applications, reports, site plans, drawings, recommendations, documents and minutes, or copies thereof, relating to the application and the action taken thereon by the Planning Commission and submit the same to each Council member within seven days of the meeting wherein the approval is granted. Council, by majority vote, may override the granting of the application by the Planning Commission and submit such in the form of minutes, a motion or other written communication. The communication shall contain a statement of direction for the Planning Commission bound at the time of the Council vote. A Council vote must take place within thirty days of the Planning Commission's approval.

   (h)   If the application is granted, either by the Planning Commission or by Council, the Village Engineer shall issue a permit containing the restrictions imposed, if any, upon the posting of a bond, running in favor of the Village and conditioned upon the performance of the permit in accordance with its terms, in the amount fixed by the approving body, such bond to be signed by the applicant, the owner and a surety company, or two good and sufficient sureties satisfactory to the Mayor. No work is to be performed at the site until all conditions of the permitting process are completed.

   (i)   The provisions of this section shall not be deemed or construed to apply to any excavation or removal for a basement or foundation for any proposed building for which a building permit has been issued and is in force and effect. However, if such building is not commenced and carried forward, any excavation or removal made preparatory thereto for a basement or foundation shall be filled up and replanted.

   (j)   At the time of submission of the written application, the applicant shall deposit with the Village Clerk-Treasurer an amount of money as determined by the Village Engineer, not less than six hundred dollars ($600.00), to cover the cost and expense of such investigation as may be necessary to fully review such application and any accompanying maps, and report upon the same to the Planning Commission. In case such expenditure exceeds the deposit, such excess shall be paid into the Village Treasury by the applicant upon request of the Village Clerk-Treasurer.

   If the application is granted, the applicant shall reimburse the Village Clerk-Treasurer for any expenses incurred in connection with Village supervision or inspection of the operations as outlined in the permit. Statements for such expenses shall be submitted to the permit holder by the Village Clerk-Treasurer and shall be subject to payment within thirty days of receipt. Failure to pay such statements shall constitute grounds for the revocation of the permit.

(Ord. 94-10-9. Passed 12-6-94.)

   (k)   The maximum period of time of a permit shall be two years. Upon the expiration of a permit, the permit holder shall not be permitted to extend it but may apply for a new permit under the conditions set forth in this section.

(Ord. 98-3-4. Passed 5-5-98.)

   (l)   This section shall not apply to residential lots under two acres, except as provided in subsection (a)(1), (2) and (3) and subsection (i) hereof and as further enumerated:

      (1)   Any application submitted for alteration of the topography of a residential lot under two acres shall be reviewed by the Village Engineer and any changes required by him shall be made before a permit is issued.

      (2)   If the application is granted, the Village Engineer shall issue a permit containing the restrictions imposed.

      (3)   If the application is denied by the Village Engineer, the applicant or owner may submit a written appeal to Council.

      (4)   After a permit has been issued, the Village Engineer shall inspect the work in progress at least once a month. The Engineer shall also check the final grading and drainage of the property before it is reseeded or replanted, after vegetation is re-established, a final inspection shall be made by the Village Engineer.

      (5)   The cost and expense of the review of the application, the issuance of the permit and the inspections and grade checks made by the Village Engineer shall be borne by the applicant. At the time of submission of the application, the sum of seventy-five dollars ($75.00) shall be deposited with the Clerk-Treasurer. Such costs and expenses shall be deducted from the deposit. If such expenditures exceed the deposit, the balance shall, upon demand, be paid forthwith into the Municipal Treasury. If the deposit exceeds the expenditures, the balance shall be refunded to the applicant.

   (m)   This section shall not apply to minor filling and grading being done in conjunction with finished landscaping as long as the grade is not altered more than eight inches and the drainage of abutting properties is not adversely affected.

(Ord. 94-10-9. Passed 12-6-94; Ord. 2000-4-7. Passed 5-2-00.)

   Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a third degree misdemeanor. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violation. The Village shall prosecute any violation of these regulations in accordance with the penalties stated herein.

(Ord. 2014-6-3. Passed 6-3-14.)

   Council may from time to time and on its own motion or petition, after public notice and hearing, amend this Zoning Code. Every such proposed amendment shall be referred to the Planning Commission for its consideration and report thereon. Any such proposed amendment which violates, differs or departs from the plan or report submitted by the Planning Commission shall not be passed by Council except by three-fourths of the full membership of Council.

(Ord. 78-5-2. Passed 5-2-78.)

   (a)   Whenever a public hearing is required by any provision of the Codified Ordinances relating to the zoning and re-zoning of any parcels of land in the Village, the notice of the time and place of such hearing shall be mailed or hand delivered by the Building Inspector to the affected person and to any person, firm or corporation owning premises abutting the land to which such appeal or application relates and be published one week prior thereto in a newspaper or Village newsletter of general circulation in the Village. In addition, notice of said hearing shall be placed on the Village Hall outside bulletin board and inside posting places.

   (b)   Where a request is made for a nonresidential variance requiring a public hearing, a specific date and time for public discussions at a Planning Commission and/or Council meeting shall be set. Notice of said time and place for such special or regular meeting shall be as published one week prior thereto in a newspaper or Village newsletter of general circulation in the Village.

   (c)   For residential variances and other remaining matters which require a public hearing, the meetings shall be open to the public for discussion. Notice of said public hearing shall be on the outside bulletin board and inside posting places and as required and/or defined in other sections of the adopted ordinances.

(Ord. 93-10-3. Passed 12-7-93.)