ORDINANCE NO. 01-07
AN ORDINANCE AMENDING SECTION 1141.05 OF THE CODIFIED ORDINANCES TO PROVIDE FOR NOTICE TO ADJACENT AND CONTIGUOUS PROPERTIES FOR PLANNING COMMISSION HEARINGS AND TO AMEND THE REQUIREMENTS WITH REGARD TO THE TRANSCRIBING OF MEETINGS AND PROVIDING NOTICE OF THE COMMISSION'S DECISIONS
WHEREAS, the current provisions of the Zoning Code only require general notice through publication in a newspaper of scheduled hearings by the Planning Commission; and
WHEREAS, residents have requested that specific notice of Planning Commission hearings be provided to the properties that are adjacent and contiguous to the property that is the subject of the hearing; and
WHEREAS, the Council of the Village of Granville has determined that specific notice about Planning Commission hearings to adjacent and contiguous properties would provide a better opportunity for those neighboring properties to be informed about the hearing.
NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, THAT:
Section 1. Section 1141.05 of the Codified Ordinances be, and the same hereby is, amended to read as follows:
"1141.05 PROCEDURE FOR DECISIONS OF THE PLANNING COMMISSION.
(a) Except as otherwise herein provided, all applications which are referred to the Planning Commission for action in accordance with Chapters 1159 and 1161 shall be heard within thirty days from the date of filing.
(b) Notice of the date and time set for hearing shall be published in one or more local newspapers of general circulation in the Village and posted on at least one (1) public bulletin board. Notice to the applicant and adjacent or contiguous property owners shall be sent by first class U.S. mail or by personal service at least six seven days prior to the hearing date. The notice shall state the date, the time and the place of the hearing, the name of the applicant and the nature of the application. The failure of delivery of such notice shall not invalidate any decision by the Planning Commission related to the hearing.
A sign indicating the type of application as well as the date and time for the hearing shall also posted on the subject property at least six days prior to the hearing date.
(c) The following persons may appear at hearings as parties and be heard in person or by attorney:
(1) The applicant;
(2) The owner of property that is the subject of the application, if the owner is not the applicant or appellant;
(3) The owner of property that is adjacent or contiguous to the property that is the subject of the application; and
(4) Any other person who claims that a direct, present injury or prejudice to a personal or property right will occur if the application is approved or denied.
(d) A person authorized to appear and be heard may:
(1) Present his or her position, arguments and contentions;
(2) Offer and examine witnesses and present evidence in support of his or her position, arguments and contentions;
(3) Cross-examine witnesses purporting to refute his or her position, arguments and contentions;
(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions;
(5) Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Commission.
(e) Hearings are open to the public, but are not public hearings. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. All hearings shall be recorded by tape recorder or other electronic means. The Planning Commission, at its option, may have a hearing transcribed by court reporter.
(f) The Commission shall decide all applications within forty-five days after the date of filing, unless waived by the applicant. The decision of the Commission shall be in writing and shall be accompanied by findings of fact and a statement of reasons for the decision reached. The decision shall be filed in the Village Office and it shall become a part of the public record. The Village Clerk shall serve a certified copy of the Commission's decision on all parties to the hearing, all persons who claimed a right but were not permitted to appear as parties to the hearing, and the Zoning Inspector by personal service or ordinary U.S. mail."
Section 2. This ordinance shall be effective from and after the earliest period allowed by law.