BY: h ;stnber
AN ORDINANCE TO AMEND SECTION 1137.01 OF THE CODIFIED
ORDINANCES OF THE VILLAGE OF GRANVILLE.
NOW,THEREFORE,BE IT ORDAINED BY THE Council of the Village of
Section I: Section 1137.01 ofthe Codified Ordinances ofthe Village of Granville be and
hereby is amended to read as follows:
1137.01 COUNCIL POWERS AND DUTIES.
A)Council shall have the following powers with respect to the administration
and enforcement ofthis Zoning Ordinance:
1)To initiate and enact amendments to the provisions ofthis Ordinance and to
the Official Village Zoning Map. Council may submit such amendments to the
Planning Commission for recommendation and review.
2)To hear and decide appeals from decisions of the Planning Commission and
the Board ofZoning and Building Appeals as hereinafter provided.
B )Upon receipt of a Notice of Appeal,the Village Clerk shall direct the
commission or Board to submit to the Clerk all materials submitted to or
considered by the Commission or Board in reaching its decision.
C )The written Findings of Fact of the Commission or the Board shall
accompany each appeal and shall be forwarded to Council by the Village Clerk
along with all other materials submitted to or considered by the Board or
Commission in reaching its decision. The Village Clerk shall serve a copy of the
Findings of Fact upon the Appellant by ordinary mail and advise the Law
Director and the Village Manager of such service.
D )At the next regularly scheduled Council meeting following service of the
Findings of Fact by the Village Clerk the Appeal Hearing shall be scheduled.
The hearing may be scheduledto be held at either of the next two immediately
subsequent regularly scheduled Council meetings after the meeting at which the
APPEAL HEARING is scheduled. Notice of the date and time of the
APPEAL HEARING shall be served upon the Appellant by the Village Clerk by ordinary mail.
E)Prior to hearing an appeal, Council shall be advised by the Law Director
and the Village Manager that all appeal procedures have been completed.
F)At the Appeal Hearing the appellant may appear & nd be heard in through his person or or her attorney. In opposition to the order or decision appealed from, the appellant may:
1)Present his or her position,arguments,and contentions;
2)Offer and examine witnesses and present evidence in support;
3)Cross-examine witnesses purporting to refute his or her position,
4)Offer evidence to refute evidence and testimony offered in opposition to his
ORDINANCE NO. 15-96
or her position,arguments,and contentions;
5)Proffer any evidence into the record if such evidence has not been admitted
G)Appeal hearings are open to the public but are not public hearings. Any
witness offering testimony or presenting evidence at the hearing will be placed
under oath by the Village Clerk prior to offering testimony or evidence. The
Board or Commission will be represented by the Law Director or such other
counsel as determined appropriate by action of Council. The proceedings on
appeal to Council shall be recorded by court reporter or other means from which
an accurate transcript may be prepared.
H) Council shall render its decision not later than the next regularly scheduled
Council meeting following the Appeal Hearing. Thereafter,Council shall,
within fortyf-ive,4 (5)days formalize its decision in writing and shall,as a part
of its decision,include Findings and Conclusions of Fact. The Village Clerk
shall serve the decision of Council along with the Findings and Conclusions
of Fact of Council upon the Appellant by certified mail service. The date of
service of the Clerk shall represent the commencement of the time for further
I) Council may uphold,reverse,modify or remand for further proceedings the
decision appealed from. If it is determined by Council that the facts presented by
the appellant are substantially different from the findings of fact determined by
the Commission or the Board,the appeal may be returned to the Commission or
to the Board for further consideration.
Section II: This ordinance shall take effect and be in force from and after the earliest date
allowed by law.
fltch roi-Uky Clerk of Council
Approved as to Form: