Granville Community Calendar

Ordinance No. 11-2012

ORDINANCE NO. 11-2012 

AN ORDINANCE TO AMEND SECTIONS 1137.01, 1139.04, 1139.05, 1139.06, 1141.04, 1141.05 AND 1141.06 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO 

            WHEREAS, the Council of the Village of Granville, Ohio, has determined that it is necessary to amend the Zoning Code of the Village in order to protect the general health, safety, and welfare of the citizens of the Village. 

            NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Ohio that: 

            Section 1.  Existing Sections 1137.01, 1139.04, 1139.05, 1139.06, 1141.04, 1141.05 and 1141.06 are hereby amended as follows: 

            1137.01  COUNCIL POWERS AND DUTIES. 

            (a)    With respect to the administration and enforcement of this Zoning Ordinance, the Official Zoning Map and the Subdivision Regulations, Council: 

                     (1)    May initiate and enact amendments to this Ordinance, the Official Village Zoning Map and the Subdivision Regulations and may submit such amendments to the Planning Commission for recommendation and review.

            (b)    With respect to the administration and enforcement of decisions of the Planning Commission and Board of Zoning and Building Appeals related to appeals, review hearings and Development Plans, Council: 

                     (1)    Shall hear and decide appeals from decisions of the Planning Commission and Board of Zoning and Building Appeals and conduct reviews of administrative decisions and orders, as hereinafter provided.

                     (2)    Shall, upon recommendation of the Planning Commission under

Section 1171.04(a) of this Zoning Ordinance, hear applications for approval of Development Plans in Planned Development Districts, as hereinafter provided. 

            (c)     With respect to the process for appeals, review hearings and Development Plans in subsection (b) above, the procedure shall be as follows: 

     (1)    Upon receipt of a notice of appeal or upon receipt of a resolution for review, the Village Clerk shall direct the person, board or commission whose decision is being appealed or reviewed to submit to the Clerk all materials submitted to the person, board, or commission, or considered in reaching its decision or making the order. Upon receipt of an application for approval of a Developmen Plan, the Clerk shall proceed directly under subsection (e) hereof. 

            (d)    When the appeal is from a decision or order of the Planning Commission or Board of Zoning and Building Appeals, the appellant shall file a letter indicating their reason for appealing the decision of the Commission or Board and shall file the transcript or parts thereof he/she intends to include in the record with the Clerk as soon as it or they are made available. For reviews of Council's prior administrative decisions, the Clerk shall obtain the findings of fact required by subsection (k) hereof and a transcript of the proceedings, if available.  For appeals and reviews of other administrative decisions and orders, the Clerk shall obtain any findings of fact and transcript or parts thereof from whatever record is available. 

            (e)    For appeal and review hearings, the Clerk shall forward any findings of fact and a copy of the minutes of the subject meeting to Council along with all pertinent materials submitted to or considered in reaching the decision or making the order and serve the same copy received by Council upon the appellant or person requesting the review or appeal. The Clerk shall also serve notice by personal service or ordinary mail as set forth in subsection (f) hereof, of the date and time scheduled for the appeal to be received by the Council to all adjacent and contiguous property owners and upon any other person identified in the record who was permitted to appear and be heard 

            (f)      At the next regularly scheduled Council meeting following service by the Clerk under subsection (e) hereof, the hearing shall be scheduled.  The Council hearing may be scheduled to be held at either of the next two immediately subsequent regularly scheduled Council meetings after the meeting at which the appeal was received.  The Clerk shall serve notice of the date and time of the hearing upon all persons entitled to notice under subsection (e) hereof by personal service or ordinary mail.  The notice shall state the date, time and place of the hearing, the name of the applicant, and the nature of the application. A hearing may be continued as needed to receive all testimony and evidence or for the purpose of deliberations and discussions. 

            (g)    The following persons may appear at hearings as parties and be heard in person or by attorney: 

                     (1)    In appeal hearings: any party to the hearing before the Board or Commission; and any person who claimed a right but was not permitted to appear and be heard at the hearing before the Board or Commission, but only after Council determines that his/her exclusion was error.

                     (2)    In all review hearings:  any party to the last hearing held on the decision or order  prior to the review hearing; and any person who claimed a right but was not permitted to appear and be heard at the last hearing prior to the review hearing, but only after Council determines that his/her exclusion was error; 

            (h)     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 Council.

            (i)      Hearings are open to the public but are not public hearings.  Any witness offering testimony or presenting evidence at the hearing shall be placed under oath by the Mayor prior to offering testimony or evidence.  In any hearing on a decision or order of the Board of Zoning and Building Appeals or Planning Commission, the Board or Commission shall be represented by the Law Director or such other counsel as determined appropriate by action of Council.  All hearings shall be recorded by tape recorder or other electronic means.  The Village Manager may have a hearing transcribed by court reporter. 

            (j)      Following a hearing, Council may affirm, reverse, modify or remand for further proceedings the decision or order appealed from or under review.  Following a hearing on a Development Plan, Council shall approve, approve with modifications, or disapprove the Plan, or may remand the application to the Planning Commission with instructions for further review under Section 1171.04(a). 

            (k)     Council shall make a decision not later than the next regularly scheduled Council meeting following the conclusion of its hearing.  Within forty-five days, it shall formalize its decision in writing, including in the decision findings and conclusions of fact.  The Village Clerk shall serve the decision upon all parties to the hearing and all persons who claimed a right but were not permitted to appear as parties to the hearing by personal service or ordinary mail. 

            (l)      The date of service of the Clerk shall represent the commencement of the time for further appeal in all cases, except those in which Council approves a Development Plan, with or without modifications. 

   (m)   If Council approves a Development Plan, with or without modifications, it shall formalize its approval by Ordinance, as set forth in Article III of the Charter of the Village of Granville.  The effective date of such ordinances shall represent the commencement of the time for appeal of the decision. 

            1139.04  POWERS; DUTIES OF THE BOARD OF ZONING AND BUILDING APPEALS. 

            The Board of Zoning and Building Appeals shall: 

            (a)    Review and decide appeals on decisions or orders made by the Zoning Inspector or other administrative officers governing zoning and building in the Village.  An appeal to the Board may be taken by:

                     (1)    The owner of property that is the subject of the decision or order;

                     (2)    The owner of adjacent or contiguous property to the property that is the subject of the decision or order;

                     (3)    Any other person who claims a direct, present injury or prejudice to a personal or property right or interest because of the decision or order. 

                     Such appeal shall be taken within ten days after the decision, by filing with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector or Village Manager shall forthwith transmit to the Board all papers constituting the record upon which the action appealed was taken. 

            (b)    Review to approve, disapprove, or approve with modifications, variances as provided for in Chapter 1147, from the provisions of this Zoning Ordinance and to attach to the variance whatever conditions that are deemed necessary to meet the objectives of this Ordinance. 

            (c)     Review to approve, disapprove, or approve with modifications the Zoning

         Inspector's decision or interpretation of the official Zoning Map and Zoning Code text.  In any case where a question exists as to the location of any boundary line between zoning districts, or where the streets or lot layouts actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board, after notice to the owners of the property or properties concerned, and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Code.

            (d)    Review to approve, disapprove, or approve with modifications, applications for conditional use as provided for in Chapter 1145 and to attach to such conditional use whatever conditions are deemed necessary to meet the objectives of this Ordinance. 

            (e)    Review to approve, disapprove, or approve with modifications, applications for substitution of a nonconforming use as provided in Chapter 1149 and to attach to such substitution whatever conditions are deemed necessary to meet the objectives of this Ordinance. 

            (f)      If a majority of the members of the Board decides that the Board needs legal counsel for any public or administrative hearing that the Board is authorized or required to conduct or participate in under this Zoning Ordinance, the chairperson shall request Council to provide such counsel.  If Council approves the request, it shall direct the Law Director to select counsel for the Board, subject to the financial approval of the Village Manager.

            1139.05  DECISIONS OF THE BOARD OF ZONING AND BUILDING APPEALS.

            (a)    All applications and appeals filed with the Board of Zoning and Building Appeals shall be scheduled for hearing and heard within forty-five days of the date of filing unless extended upon written request of the applicant or appellant. 

            (b)    Notice of the date and time set for the 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 by ordinary mail as evidenced by a certificate of mailing or by personal service at least ten days prior to the hearing date.  The notice shall state the date, the time and place of the hearing, the name of the applicant or appellant, and the nature of the proposed application or appeal.  The failure of delivery of such notice shall not invalidate any decision by the Board related to the hearing. The Board may continue an on-going hearing from date to date without additional notice.  A sign indicating the type of application as well as the date and time for the hearing shall also be posted on the subject property at least ten (10) 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 or appellant;

                     (2)    The owner of property that is the subject of the application or appeal, if the owner is not the applicant or appellant;

                     (3)    The owner of property adjacent or contiguous to the property that is the subject of the application or appeal; and

                     (4)    Any other person who claims a direct, present injury or prejudice to any personal or property right or interest that was prejudiced by the decision or order appealed from, or claims such injury or prejudice 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 Board. 

            (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 Board, at its option, may have a hearing transcribed by court reporter. 

            (f)      The Board shall decide all applications and appeals within sixty days after the conclusion of the hearing, unless waived by the applicant or appellant. The decision of the Board shall be in writing, shall be accompanied by findings of fact and statement of reasons for the decision reached. The decision shall be filed in the Village Office and become a part of the public record.  The Village Clerk shall serve a certified copy of the Board's decision by personal service or ordinary mail on all parties to the hearing, all persons who claimed a right but were not permitted to appear as parties to the hearing, and to the Zoning Inspector.

            (g)    The Zoning Inspector shall incorporate the terms and conditions of the decision in the permit to the applicant or appellant, whenever a permit is authorized. 

            1139.06  APPEALS FROM DECISIONS OF THE BOARD OF ZONING AND BUILDING APPEALS. 

            All persons who received notice under Subsection (f) of 1139.05 may appeal a decision of the Board of Zoning and Building Appeals to Council.  The Village Manager may also appeal any such decision to Council.  The appeal shall be filed with the Village Clerk not later than ten (10) days after the decision is delivered by personal service or ordinary mail. At the time of filing the notice of appeal, the appellant shall submit in writing their reason for the appeal and may request a copy of the official record. If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the weight of the evidence, the appellant shall include in the record all evidence relevant to the findings or conclusion. A person who intends to appear at the appeal hearing as an appellee may file with the Clerk additional parts of the record at any time before the hearing. 

            1141.04  POWERS; DUTIES OF THE PLANNING COMMISSION.

            The duties of the Planning Commission are as follows: 

            (a)    Review proposed amendments or rezoning requests to the Zoning Ordinance and/or Subdivision Regulations and make recommendations to Council. 

            (b)    Review and act upon applications for new construction, exterior modification and/or structural alterations in the following districts as provided in Chapter 1159, Village District, Chapter 1161, Architectural Review Overlay District, Chapter 1176, Transportation Corridor Overlay District, Chapter 1167, Community Service District, and Chapter 1175 Suburban Business District and authorize the issuance, the issuance with conditions, or the denial of a Zoning Permit by the Zoning Inspector. 

            (c)     Review and approve, or deny, or approve with modifications, subdivision platting and development plans for Planned Development District applications and development site plans with reference to the provisions of the Zoning Ordinance and the Subdivision Regulations 

            (d)    Initiate amendments to the Zoning Ordinance and/or make such planning or zoning recommendations to Council as are deemed necessary.

    (e)    Review and act upon applications for Zoning Permits requiring architectural review as provided for in Chapter 1161 of this Zoning Ordinance. 

     (f)      Perform such other duties as may be required by ordinance or requested by Council. 

    (g)    Hold informal working sessions with developers, builders and the general public, for the purpose of providing advice and guidance in accordance with the Comprehensive Plan, and prior to the submittal and review of formal development plans.

    (h)     If a majority of the members of the Commission decides that the Commission needs legal counsel for any public or administrative hearing that the Commission is authorized or required to conduct or participate in under this Zoning Ordinance, the chairperson shall request Council to provide such counsel.  If Council approves the request, it shall direct the Law Director to appoint counsel for the Commission, subject to the financial approval of the Village Manager. 

            1141.05  PROCEDURE FOR DECISIONS OF THE PLANNING COMMISSION.

    (a)    All applications which are referred to the Planning Commission for review shall be heard within forty-five (45) days from the date of filing. 

    (b)    Notice of the date 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 mail as evidenced by a certificate of mailing or by personal service at least six 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. The Commission may continue an on-going hearing from date to date without additional notice.  A sign indicating the type of application as well as the date and time for the hearing shall also be 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 sixty (60) days after the formal conclusion of the hearing by the Commission, 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 by personal service or ordinary mail 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. 

    (g)   The Zoning Inspector shall incorporate the terms and conditions of the decision in the permit to the applicant, whenever a permit is authorized. 

            1141.06   APPEALS FROM DECISIONS OF THE PLANNING COMMISSION. 

            All persons who received notice under Subsection (f) of 1141.05 may appeal a decision of the Planning Commission to Council by filing a written notice of appeal with the Village Clerk not later than ten (10) days after the decision is delivered by personal service or ordinary mail. The Village Manager may also appeal any such decision to Council. At the time of filing the notice of appeal, the appellant shall submit in writing their reason for appeal and may request a copy of the official record.  If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the weight of the evidence, the appellant shall include in the record all evidence relevant to the findings or conclusion. A person who intends to appear at the appeal hearing as an appellee may file with the Clerk additional parts of the record at any time before the hearing. 

            Section 2All previous existing sections inconsistent with the revisions above are hereby repealed. 

            Section 3.  This ordinance shall become effective upon the earliest date allowed by the laws of the State of Ohio and the Charter of the Village of Granville. 

Passed this 18th day of July, 2012.

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