DEFEATED JUNE 1, 2016
ORDINANCE NO. 03-2016
AN ORDINANCE TO AMEND SECTIONS 1133.03, 1137.01, 1139.06, 1141.06, 1177.11, 1185.02, 1189.13 AND 1191.03 OF THE CODIFIED ORDINANCES OF GRANVILLE, OHIO
WHEREAS, the Council of the Village of Granville, Ohio has determined that it is necessary to amend Sections 1133.03, 1137.01, 1139.06, 1141.06, 1177.11, 1185.02, 1189.13 and 1191.03 of the Granville Codified Ordinances, in order to streamline the administrative appeal process regarding decisions of the Planning Commission and the Board of Building and Zoning Appeals in accordance with Chapter 2506 of the Ohio Revised Code.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, THAT:
Section I: Existing section 1133.03 is hereby amended as follows:
1133.03 REMEDIES AGAINST UNLAWFUL DECISIONS AND ORDERS.
(a) In addition to other remedies provided by law, the Village may enjoin or take any other appropriate action against any administrative decision or order, including an appeal under Sections 1139.06 or 1141.06 of the Zoning CodeChapter 2506 of the Ohio Revised Code, made or issued under this Zoning Ordinance by Council, the Village Manager, Board of Building and Zoning Appeals, Planning Commission, Zoning Inspector, or other officer, employee, or entity of the Village on grounds that the decision or order is unlawful, arbitrary, unreasonable, not supported by a preponderance of evidence, or an abuse of corporate power, or was procured by misrepresentation, fraud, or corruption. The Village may also attack or avoid any such decision or order on such grounds in any action brought against it or any of its officers, employees, or other entities.
(b) Pursuant to subsection (a) hereof, Council may review any such administrative decision or order upon written request of the Village Manager, Law Director, or Zoning Inspector, or upon its own initiative. The decision to conduct a review shall be made by resolution of Council. A resolution shall indicate the basis for the review and refer to the pertinent legal provisions. Council shall conduct the review as prescribed in Section 1137.01 of this Zoning Ordinance.
(c) Except for cases involving misrepresentation, fraud or corruption, no decision or order shall be reversed, revoked, or modified under subsections (a)) or (b) hereof after there has been a substantial change of position, substantial expenditure, or a significant incurrence of obligations in justifiable reliance on the decision or order.
(d) This section confers authority to attack and avoid administrative decisions as set forth in Willoughby Hills vs. C.C. Bar's Sahara, Inc. (1992), 64 Ohio St. 3d 24, and State ex rel. Broadway Petroleum Corp. vs Elyria (1969), 18 Ohio St. 2d 23.
(Ord. 15-08. Passed 1-7-09.)
Section II: Existing section 1137.01 is 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) May enjoin or take other appropriate action against administrative decisions or orders, including an appeal under Chapter 2506 of the Ohio Revised Code, as provided in Section 1133.03 of the Granville Codified Ordinances. 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 hear and determine matters referred to Council on advisory recommendations of the Planning Commission pursuant to applicable provisions of this Zoning Ordinance and Subdivision Regulations.
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 Development 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.
(Ord. 11-2012. Passed 7-18-12.)
Section III: Existing section 1139.06 is hereby amended as follows:
1139.06 FINALITY OF DECISIONS. APPEALS FROM DECISIONS OF THE BOARD OF ZONING AND BUILDING APPEALS.
Decisions of the Board of Zoning and Building Appeals shall be final within the Municipality, except that an appeal therefrom may be taken to an appropriate court of record in accordance with Chapter 2506 of the Ohio Revised Code by any proper and interested party including the Municipality. 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.
(Ord. 11-2012. Passed 7-18-12.)
Section IV: Existing section 1141.06 is hereby amended as follows:
1141.06 FINALITY OF DECISIONS. APPEALS FROM DECISIONS OF THE PLANNING COMMISSION.
(a) Decisions of the Planning Commission shall be final within the Municipality, except that an appeal therefrom may be taken to an appropriate court of record in accordance with Chapter 2506 of the Ohio Revised Code by any proper and interested party including the Municipality.
(b) This section does not apply to advisory recommendations made by the Planning Commission to Council pursuant to applicable provisions of this Zoning Ordinance and Subdivision Regulations.
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.
(Ord. 11-2012. Passed 7-18-12.)
Section V: Existing section 1177.11 is hereby amended as follows:
1177.11 APPEALS TO VILLAGE COUNCIL.
Appeals from decisions of the Board of Zoning and Building Appeals with respect to this Chapter may be had as provided in Chapter 1139. An appeal from any decision of the Board of Zoning and Buildings Appeals under this Chapter may be taken to Village Council in accordance with the procedures set forth in Section 1139.06 of the Codified Ordinances. Those aggrieved by the decision of the Village Council may appeal such decision to the Licking County Court of Common Pleas as provided in Chapter 2506 of the Ohio Revised Code.
(Ord. 03-07. Passed 3-21-07.)
Section VI: Existing section 1185.02 is hereby amended as follows:
1185.02 SPECIAL PROVISIONS.
No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Zoning Ordinance may be undertaken and maintained if acceptable measures or safeguards to reduce dangerous and objectionable conditions to acceptable limits are established by the performance requirements in subsections (a) to (j) hereof.
(a) Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(b) Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
(c) Noise. Objectionable noise as determined by the Board of Zoning and Building Appeals which is due to volume, frequency or beat shall be muffled or otherwise controlled. Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement.
(d) Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
(e) Air Pollution. No pollution of air by fly-ash, dust, vapors, odors, smoke or other substances shall be permitted which are harmful to health, animals, vegetation or other property, or which can cause excessive soiling.
(f) Glare. No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street. (g) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(h) Water Pollution. Water pollution shall be subject to the requirements and regulations established by the Ohio Environmental Protection Agency.
(i) Enforcement Provisions. The Village Manager or Planning Commission prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(j) Measurement Procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American National Standards Institute, Washington, D.C., the United States Bureau of Mines, and the Ohio EPA.
(k) Abatable Nuisance. Upon determination by the Village Manager or his/her designee or as sustained by appeal of such a decision to Councilas provided in this Zoning Ordinance and Subdivision Regulations, subsections (a) to (h) hereof shall be considered abatable nuisances and are a violation of the provisions of this Zoning Ordinance.
Section VII: Existing section 1189.13 is hereby amended as follows:
1189.13 GENERAL PERMIT PROCEDURES.
The following procedures shall govern the application for, and the issuance of, all sign permits under this chapter, and the submission and review of a Master or Common Signage Plan.
(a) Applications. All applications for the sign permits of any kind and for approval of a Master Signage Plan shall be submitted to the Village Planner on an application form with the application specifications and materials as published by the Planning and Zoning Office.
(b) Fees. Each application for a sign permit or for approval of a Master Signage Plan shall be accompanied by the applicable fees, which shall be established by the Village Council from time to time by ordinance.
(c) Completeness. Within seven days of receiving an application for a sign permit or a Master Signage Plan, the Village Planner shall review it for completeness. If the Planner finds that it is complete, the applications shall then be processed. If the Planner finds it incomplete, the Planner shall, within such seven-day period, send the applicant a notice of the specific ways in which the application is deficient, with appropriate reference to the applicable sections of this chapter.
(d) Submission Requirements. The following materials must be included with the completed application forms. Examples are available from the Planning and Zoning Office.
(1) Site plan. A site plan drawn to an appropriate scale which shows the proposed location of the sign as well as all other significant site features such as rights of way, topography, existing vegetation, and adjacent buildings and properties which may be affected by the proposal.
(2) Elevation. An elevation of the proposed sign and its mounting system that includes an accurate rendering of the proposed graphic design, typography, color, and materials used for construction. For window, wall or building signs this drawing should include a complete elevation of the building face on which the sign will be attached.
(e) Action. After processing a complete application, the Village Planner will submit the application to the Planning Commission for review at its next available meeting. This review will be scheduled as the Planning Commission agenda will allow, but action must be taken within forty-five days of the acceptance of the completed application, unless the applicant requests a delay.
(f) Appeal. Appeals from decisions of the Planning Commission with respect to this Chapter may be had as provided in Chapter 1141. Any party aggrieved or affected by a decision of the Planning Commission involving a sign application may appeal to Council. The appeal shall follow the procedures established in Chapter 1137. Such appeal shall be submitted to the Village Clerk no later than ten days after the decision of the Commission is filed with the Village Clerk or sent to the applicant by personal service or ordinary mail, postage prepaid, return receipt requested, whichever shall last occur.
(Ord. 17-2012. Passed 8-1-12.)
Section VIII: Existing section 1191.03 is hereby amended as follows:
(a) Permit. As a consequence of the safety hazards created by the improper installation or construction of large systems or towers, the additional support often necessary with such systems and the hazards which may result from the placement of such systems in an otherwise open or unobstructed area, an installation permit issued by the Village Manager or the Manager's designee, shall be required for the erection of all large dish antennas, nonroof mounted small dish antenna and communication towers. An application for such a permit shall contain a scale drawing of the structure or installation, a plat plan showing the structure's proposed size and location in relation to any building, property lines, and rights-of-way, and all other information necessary to fully depict the proposed dish antenna or communication tower. All applications for large dish antenna, nonroof mounted small dish antenna, or communication tower installation permits shall be reviewed by the Zoning Inspector for compliance with these regulations. The following procedures all be used for all applications:
(1) An application shall be submitted to the Village Manager, or the Manager's designee, which shall be forwarded to the Zoning Inspector within three business days of receipt. The Zoning Inspector shall issue an installation permit within fourteen days of receipt of the application or issue a written finding to the applicant setting forth the reason or reasons why the application for a permit has been denied. The times set forth in this section may be extended upon written approval of the applicant or for fourteen days by the Zoning Inspector for good cause.
(2) The Zoning Inspector may approve, approve with modifications, or deny an application in accordance with these regulations., No determination of the Zoning Inspector shall be final until issued in writing and served upon the applicant by ordinary mail to be delivered to the address set forth in the application.
(3) Any applicant aggrieved by the decision of the Zoning Inspector may appeal to the Board of Zoning and Building Appeals as set forthprovided in Chapter 1139. Further appeals from decisions of the Board of Zoning and Building Appeals with respect to this Chapter may be had as provided in Chapter 1139. Further appeal to Council is available and is governed by the procedures set forth in Chapter 1137.
(b) Fees. The permit fee shall be established by Council in accordance with Chapter 1305 of the Codified Ordinances
(c) Inspection and Maintenance. It shall be the responsibility of the Zoning Inspector, or the Zoning Inspector's designee, to administer and enforce these regulations. Any large dish antenna, nonroof mounted small dish antenna, or communication tower may be inspected at any time to determine its compliance with this chapter, applicable regulations and acceptable safety standards. All dish antennas, whether classified as large or small and regardless of the location or method of installation, and communication towers shall be kept in a state of safety and good repair. If violations are found, the Zoning Inspector shall notify the owner of the violations and of actions required for compliance. Failure to comply within thirty days, unless otherwise extended by the Zoning Inspector shall constitute a violation of this chapter, shall subject the owner of such dish antenna or communication tower to the penalty provided in Section 1137.08 and shall be grounds for the revocation of any permit issued and/or commencement of proceedings to cause removal of the dish antenna or communication tower at the owner's expense.
(Ord. 08-96. Passed 6-19-96.)
Section IX: 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.
Failed this 1st day of June, 2016.