(A)   Planning and Zoning Board established. Pursuant to R.C. Chapters 711 and 713, there is hereby established a Planning and Zoning Board in and for the city. Such Board shall have seven members, consisting of the Mayor, City Service Director and five residents of the city, all to be appointed by the Mayor with the approval of City Council. Such members shall be appointed for terms of six years, except for the term of one of the members of the first Board, which shall be four years, and one for two years. All vacancies shall be filled by the Mayor with the approval of Council.

      (1)   The meetings of the Board shall be public. However, the Board may go into executive session, as permitted by R.C. § 121.22, as amended, for discussion but not for vote on any case before it. The Board shall organize annually and elect a Chairperson and Vice-Chairperson. The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this planning and zoning code.

      (2)   The Board 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 action, all of which shall be a public record.

      (3)   The Board may call upon the various departments of the city, or outside consultants hired for the specific purpose, for assistance in the performance of its duties. It shall be the duty of such departments to render assistance to the Board as may reasonably be required.

      (1)   For the purposes of this chapter, the Board is hereby designated as the platting authority of the city and shall have the powers and authority granted under R.C. Chapters 711, 713 and 735, including the following specific responsibilities:

         (a)   Take actions to approve, approve with modification or disapprove subdivisions, as authorized by this chapter;

         (b)   Review all proposed amendments to this chapter, in accordance with §§ 153.080 through 153.086, and make recommendations to the City Council;

         (c)   Authorize such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to the special conditions of the land, a literal enforcement of this chapter will result in unnecessary hardship, in accordance with the provisions of §§ 153.100 through 153.106;

         (d)   Hear and decide appeals where it is alleged there is an error in any order, requirements, decision or determination made by the Zoning Inspector;

         (e)   Declare a zoning permit null and void, pursuant to § 153.043;

         (f)   Grant zoning permits for conditional uses as specified in the district regulations and establish such additional safeguards as will uphold the intent of this chapter;

         (g)   Authorize the substitution or extension of nonconforming uses, as specified in §§ 153.155 through 153.162;

         (h)   Prepare and present a zoning plan for newly annexed territory, pursuant to §§ 153.175 and 153.176; and

         (i)   Such other powers and duties as specified in this chapter.

      (2)   In exercising its duties, the Board may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and may make such order, decision or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of four members of the Board shall be necessary to reverse any order, decision or determination of the Zoning Inspector, or to decide in favor of the applicant on variation in the application of this chapter, pursuant to §§ 153.100 through 153.106.

(Ord. 2020-02, passed 2-20-2020)

   (A)   Office of Zoning Inspector established. The Zoning Inspector, who shall be appointed by the Mayor with the approval of City Council, shall enforce the provisions of this chapter. All officials and employees of the municipality shall assist the Zoning Inspector by reporting any new development of land, construction, reconstruction or apparent violations to this chapter.

   (B)   Relief from personal liability. The Zoning Inspector, and any officer or employee who acts in good faith and without malice in the discharge of his or her duties during enforcement of this chapter, is relieved of personal liability subject to the provisions of R.C. Chapter 2744.

   (C)   Duties. For the purposes of this chapter, the Zoning Inspector shall have the following duties:

      (1)   Enforce the provisions of this chapter and take such steps as may be necessary to remedy conditions found in violation. Such steps include ordering, in writing, the discontinuance of illegal uses or work in progress, and directing cases of noncompliance to appropriate city officials for action;

      (2)   Coordinate the submittal and processing of material so as to fulfill the requirements of §§ 153.035 through 153.125;

      (3)   Issue zoning permits when the provisions of this chapter have been met, or refuse to issue same in the event of noncompliance;

      (4)   Report to the Planning and Zoning Board on a regular basis on development activity that has occurred in the city;

      (5)   Collect the designated fees as established for zoning permits, applications for appeals and conditional uses;

      (6)   Make and keep all records necessary and appropriate to the office, including records of issuance and denial of zoning permits and receipt of complaints of violation of this chapter and action taken on same;

      (7)   Inspect any buildings or lands to determine whether any violations of this chapter have been committed or exist;

      (8)   Advise the Planning and Zoning Board of other matters pertaining to the enforcement of and amendments to this chapter; and

      (9)   Other duties directly pertaining to the enforcement of this chapter that may be assigned by City Council.

(2003 Code, § 153.016) (Ord. 3459, § 3.02, passed 3-7-2002)

   It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Planning and Zoning Board only on appeal from the decision of the Zoning Inspector. It is further the intent of this chapter that the powers of City Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. City Council shall not have the authority to overrule the decisions of the Planning and Zoning Board and/or the Zoning Inspector on such matters of appeal or variance. The procedure for deciding such questions shall be as stated in §§ 153.100 through 153.106.

(2003 Code, § 153.017) (Ord. 3459, § 3.03, passed 3-7-2002)