Zoning Resolution Article 4

ADMINISTRATION

 

 

 

 

4.0       Purpose

 

This Article set forth the powers and duties of the Zoning Commission, the Board of Zoning Appeals, the Board of Township Trustees and the Zoning Inspector with respect to the administration of the provisions of this resolution.

 

4.1       General Provisions

 

The formulation, administration and enforcement of this Zoning Resolution is hereby vested in the following offices and bodies within the township:

 

1.   Zoning Inspector

2.   Zoning Commission

3.   Board of Zoning Appeals

4.   Township Trustees

5.   County Prosecutor or Special Counsel hired pursuant to R.C. 519.24

 

4.2       Zoning Inspector

 

A Zoning Inspector designated by the Board of Township Trustees shall administer and enforce this resolution.  He may be provided with the assistance of such other persons as the Board of Township Trustees may direct.

 

4.3       Responsibilities of Zoning Inspector

 

For the purpose of this resolution, the Zoning Inspector shall have the following duties:

 

1. Enforce the provisions of this resolution and interpret the meaning and application of its provisions.

          

2. Respond to questions concerning applications for amendments to the Zoning Resolution text and the official zoning district map.

 

3. Issue zoning permits and certificates of occupancy as provided by this resolution and keep a record of same with a notation of any special conditions involved.

 

4. Act on all applications upon which he is authorized to act by the provisions of this resolution within the specified time or notify the applicant in writing of his refusal or disapproval of such application and the reasons therefore.  Failure to notify the applicant in case of such refusal or disapproval within the specified time shall entitle the applicant to submit his request to the Board of Zoning Appeals

 

5. Conduct inspections of buildings and uses of land to determine compliance with this Resolution and in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.

 

6. Maintain in current status the official zoning district map which shall be kept on permanent display in the township offices.

 

7. Maintain permanent and current records required by this resolution, including but not limited to zoning permits, zoning certificates, inspection documents and records of all variances, amendments and special uses.

 

8.Make such records available for the use of the Township Trustees, the ZoningCommission, the Board of Zoning Appeals and the public.

 

9. Review and approve plot plans pursuant to this resolution.

 

10. Determine the existence of any violations of this resolution and cause such     notifications, revocation notices, stop orders or tickets to be issued or initiate such other administrative or legal action as needed to address such violations.

 

11. Prepare and submit an annual report to the Township Trustees and Zoning Commission on the administration of this resolution, setting forth such information as may be of interest and value in advancing and furthering the purpose of this resolution.  Such report shall include recommendations concerning the schedule of fees.

 

4.4       Township Zoning Commission

 

            The Board of Township Trustees of any township proceeding under Sections 519.01 to 519.99, inclusive, of the Revised Code shall create and establish a Township Zoning Commission.  The Commission shall be composed of five members who reside in the unincorporated area of the township, to be appointed by the board and the terms of the members shall be of such length and so arranged that the term of one member will expire each year.  Where there is a county or Regional Planning Commission, the board may appoint qualified members of such commission.  Each member shall serve until his successor is appointed and qualified.  Members of the Zoning Commission shall be removable for non-performance of duty, misconduct in office, or other cause by the board, upon written charges and after a copy of the charges have been served upon the member so charged at least ten days prior to the hearing, either personally, by certified mail, or by leaving such copy at his usual place of residence.  The members shall be given an opportunity to be heard and answer such charges.  Vacancies shall be filled by the board and shall be for the unexpired term.  The Board of Vermilion Township Trustees may also appoint one (1) or two (2) alternate members to take the place of absent members.

 

 

4.5       Recommendations of Township Zoning Commission; Organization, Powers and Compensation of Commission

 

            The Township Zoning Commission shall submit a plan, including both text and maps representing the recommendations of the Zoning Commission, for the carrying out by the Board of Township Trustees for the powers, purposes and provisions set forth in Section 519.01 to 519.99, inclusive, of the Revised Code, including additions to territory in which Township Zoning Resolution is in effect.

 

            The Zoning Commission shall organize, adopt rules for the transaction of its business and keep a record of its actions and determinations.  Members of the Zoning Commission may be allowed their expenses, or such other compensation, or both, as the board may approve and provide.  No Township Trustee shall be employed by the Zoning Commission of his township.

 

            The Zoning Commission shall make use of such information and counsel as is available from appropriate public officials, departments and agencies and such officials, departments and agencies having information, maps and data pertinent to township zoning shall make them available for the use of the Zoning Commission.

 

            The Zoning Commission may request  the Erie Regional Planning Commission to prepare or make available to the Zoning Commission a zoning plan, including text and maps for the unincorporated area of the township or any portion of the same.

 

4.6       Amendments to Zoning Resolution; Procedure; Referendum

 

            Amendments to the Zoning Resolution may be initiated by motion of the Township Zoning Commission, by the passage of a resolution therefore by the Board of Township Trustees, or by the filing of an application therefore by one or more of the owners or leasers of property within the area proposed to be changed or affected by the proposed amendment with the Township Zoning Commission.  The Board of Township Trustees may require that the owner or leasers of property filing an application to amend the Zoning Resolution pay a fee therefore to defray the cost of advertising, mailing and other expenses.  If the Township Trustees require such a fee, it shall be required generally, for each application.  The Board of Township Trustees shall upon the passage of such resolution certify it to the Township Zoning Commission.

 

            Upon the adoption of such motion, or the certification of such resolution or the filing of such application, the Township Zoning Commission shall set a date for a public hearing thereon, which date shall not be less than twenty nor more than forty days from the date of the certification of such resolution or the date of adoption of such motion or the date of the filing of such application.  Notice of such hearing shall be given by the Township Zoning Commission by one publication in one or more newspapers of general circulation in the township at least ten days before the date of such hearing.

 

            If the proposed amendment intends to rezone or redistrict ten or fewer parcels of land, as listed on the County Auditor’s current tax list, written notice of the hearing shall be mailed by the Zoning Commission, by first class mail, at least ten days before the date of the published hearing to all owners of property within and contiguous to and directly across the street from such area proposed to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor’s current tax list.  The failure of delivery of such notice shall not invalidate any such amendment.

 

            If the proposed amendment intends to rezone or redistrict ten or fewer parcels of land as listed on the County Auditor’s current tax list, the published and mailed notices shall set forth the time, date and place of the public hearing and shall include all of the following:

 

            1.   The name of the Zoning Commission that will be conducting the public hearing;

            2.   A statement indicating that the motion, resolution or application is an amendment to the Zoning Resolution;

            3.   A list of the addresses of all properties to be rezoned or redistricted by the proposed amendment and the names of owners of

                  these properties, as they appear on the County Auditor’s current tax list;

            4.   The present zoning classification of property names in the proposed amendment and the proposed zoning classification of such

                   property;

            5.   The time and place where the motion, resolution of application proposing to amend the Zoning Resolution will be available for

                   examination for a period of at least ten days prior to the public hearing;

            6.   The name of the person responsible for giving notice of the public hearing by publication or by mail, or by both publication and

                   mail;

            7.   Any other information requested by the Zoning Commission.

            8.   A statement that after the conclusion of such hearing the matter will be submitted to the board for its action.

 

            If the proposed amendment alters the text of the Zoning Resolution, or rezones or redistricts more than ten parcels of land, as listed on the County Auditor’s current tax list, the published notice shall set forth the time, date and place of the public hearing and shall include all of the following:

 

            1.   The name of the Zoning Commission that will be conducting the published hearing on the proposed amendment;

            2.   A statement indicating that the motion, application or resolution is an amendment to the Zoning Resolution;

            3.   The time and place where the text and map of the proposed amendment will be available for examination for a period of at least

                  ten days prior to the public hearing;

            4.   The name of the person responsible for giving notice of the public hearing by publication;

            5.   A statement that after conclusion of such hearing the matter will be submitted to the Board of Township Trustees for its action;

            6.   Any other information requested by the Zoning Commission.

 

            Within five days after the adoption of such motion or the certification of such resolution or the filing of such application the Township Zoning Commission shall transmit a copy thereof together with text and map pertaining thereto to the Regional Planning Commission.

 

            The Regional Planning Commission shall recommend the approval or denial of the proposed amendment or the approval of some modification thereof and shall submit such recommendation to the Township Zoning Commission.  Such recommendation shall be considered at the public hearing held by the Township Zoning Commission on such proposed amendment.

 

            The Township Zoning Commission shall, within thirty days after such hearing, recommend the approval or denial of the proposed amendment, or the approval of some modification thereof and submit such recommendation together with such application or resolution, the text and map pertaining thereto and the recommendation of the Regional Planning Commission thereon to the Board of Township Trustees.  The Board of Township Trustees shall, upon receipt of such recommendation, set a time for a public hearing on such proposed amendment, which date shall not be more than thirty days from the date of the receipt of such recommendation from the Township Zoning Commission.

 

            Notice of such public hearing shall be given by the board by one publication in one or more newspapers of general circulation in the township, at least ten days before the date of such hearing.

 

            If the proposed amendment intends to rezone or redistrict ten or fewer parcels of land as listed on the County Auditor’s current tax list, the published notice shall set forth the time, date and place of the public hearing and shall include all of the following:

 

            1.   The name of the board that will be conducting the public hearing;

            2.   A statement indicating that the motion, application or resolution is an amendment to the Zoning Resolution;

            3.   A list of the addresses of all properties to be rezoned or redistricted by the proposed amendment and of the names of owners of

                  these properties, as they appear on the County Auditor’s current tax list;

            4.   The present zoning classification of property names in the proposed amendment and proposed zoning classification of such

                  property;

            5.   The time and place where the motion, application or resolution proposing to amend the Zoning Resolution will be available for

                  examination for a period of at least ten days prior to the public hearing;

            6.   The name of the person responsible for giving notice of the public hearing by publication or by mail, or by both publication and

                  mail;

            7.   Any other information requested by the Board.

           

                  If the proposed amendment alters the text of the Zoning Resolution, or rezones or redistricts more than ten parcels of land as listed on the County Auditor’s current tax list, the published notice shall set forth the time, date and place of the public hearing and shall include all of the following:

 

                  1.   The name of the board that will be conducting the public hearing on the proposed amendment;

                  2.   A statement indicating that the motion, application or resolution is an amendment to the Zoning Resolution;

                  3.   The time and place where the text and maps of the proposed amendment will be available for examination for a period of at

                        least ten days prior to the public hearing;

                  4.   The name of the person responsible for giving notice of the public hearing by publication;

                  5.   Any other information requested by the board.

 

                  Within twenty days after such public hearing, the board shall either adopt or deny the recommendation of the Zoning Commission or adopt some modification thereof.  In the event the board denies or modifies the recommendation of the Township Zoning Commission, the unanimous vote of the board shall be required.

                  Such amendment adopted by the board shall become effective in thirty days after the date of such adoption unless within thirty days after the adoption of the amendment there is presented to the Board of Township Trustees a petition, signed by a number of registered electors residing in the unincorporated area of the township or part thereof included in the zoning plan equal to not less than eight percent of the total vote cast for all candidates for governor in such area at the last preceding general election at which a governor was elected, requesting the Board of Township Trustees to submit the amendment to the electors of such area  for approval or rejection at a special election to be held on the day of such next primary or general election.  Each part of this petition shall contain the number and the full and correct title, if any, of the zoning amendment, resolution, motion or application furnishing the name by which the amendment is known and a brief summary of its contents.  In addition to meeting the requirements of this section, each petition shall be governed by the rules specified in Section 35401.38 of the Revised Code.

 

                  The petition shall be filed, accompanied by an appropriate map of the area affected by the zoning proposal, with the Board of Township Trustees, which shall then transmit the petition within two weeks of its receipt to the Board of Elections, which shall determine the sufficiency and validity of the petition.  The petition shall be certified to the Board of Elections not less than seventy-five days prior to the election at which the question is to be voted upon.

 

                  No amendments for which such referendum vote has been requested shall be put in effect unless a majority of the vote cast on the issue is in favor of the amendment.  Upon certification by the Board of Elections that the amendment has been approved by the voters it shall take immediate effect.

 

4.7       Ratification of Amendments to Township Zoning Plan

 

                  All amendments or supplements to a township zoning plan adopted by a Board of Township Trustees prior to the effective date of this act, except those amendments or supplements which a court of competent jurisdiction declared unlawful or unreasonable or which are the subject of action now pending in such a court, are hereby ratified and shall be valid amendments or supplements to such zoning plan regardless of the procedure followed with respect to such amendments or supplements prior to their adoption by a Board of Township Trustees, except that no right of appeal on the issue of the unlawful or unreasonable character of an amendment or supplement shall be lost by the provisions of this section.

4.8       Township Board of Zoning Appeals; Compensation and Expenses

 

            In any township which adopts zoning regulations, the Board of Township Trustees shall appoint a Township Board of Zoning Appeals of five members who shall be residents of the unincorporated territory in the township included in the area zoned.  The terms of all members shall be of such length and so arranged that the term of one member will expire each year.  Each member shall serve until his successor is appointed and qualified.  Members shall be removable for the same causes and in the same manner as provided by Section 519.04 of the Revised Code.  Vacancies shall be filled by the Board of Township Trustees and shall be for the unexpired term.  The members may be allowed their expenses, or such compensation, or both, as the Board of Township Trustees may approve and provide.

 

            The Board of Zoning Appeals may within the limits of the moneys appropriated by the Board of Township Trustees for the purpose, employ such executives, professional, technical and other assistants as it deems necessary. The Board of Trustees may also appoint one (1) or

           two (2) members to take the place of absent members.

 

4.9       Powers of Township Board of Zoning Appeals

 

The Township Board of Zoning Appeals may:

 

a.   Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of Sections 519.01 to 519.25 of the Revised Code or of any resolution adopted pursuant thereto;

 

b.   Authorize, upon appeal, in specific cases, such variance from the terms of the Zoning Resolution as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the resolution will result in unnecessary hardship and so that the spirit of the resolution shall be observed and substantial justice done;

 

c.   Grant conditional zoning certificates for the use of land, buildings or other structures if such certificates for specific uses are provided for the Zoning Resolution;

 

d.   Revoke an authorized variance or conditional zoning certificate, if any condition of the variance or certificate is violated.

 

            The board shall notify the holder of the variance or certificate by certified mail of its intent to revoke the variance or certificate under division d) of this section and of his right to a hearing before the board, within thirty days of the mailing of the notice, if he so requests.  If the holder requests a hearing, the board shall set a time and place for the hearing and notify the holder.  At the hearing, the holder may appear in person, by his attorney or other representative, or he may present his position in writing.  He may present evidence and examine witnesses appearing for or against him.  If no hearing is requested, the board may revoke the variance or certificate without a hearing.  The authority to revoke a variance or certificate is in addition to any other means of zoning enforcement provided by law.

 

            In exercising the above mentioned powers, such board may, in conformity with such sections, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and to that end has all powers of the officer from whom the appeal is taken.

 

4.10    Rules, Organization and Meetings of Zoning Appeals Board

 

            The Township Board of Zoning Appeals shall organize and adopt rules in accordance with the Zoning Resolution.  Meetings of the Board of Zoning Appeals shall be held at the call of the chairman and at such other times as the board determines.  The chairman, or in his absence the acting chairman, may administer oaths and the Board of Zoning appeals may compel the attendance of witnesses.  All meetings of the Board of Zoning Appeals shall be open to the public.  The Board of Zoning Appeals shall keep minutes of its proceeding 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 actions, all of which shall be immediately filed in the Office of the Board of Township Trustees and be a public record.

 

            Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer of the township affected by any decision of the administrative officer.  Such appeal shall be taken within twenty days after the decision by filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals, a notice of appeal is taken shall forthwith transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.

 

            The Board of Zoning Appeals shall fix a reasonable time for the public hearing of the appeal, give at least ten days notice in writing to the parties in interest, give notices of such public hearing by one publication in one or more newspapers of general circulation in the county at least ten days before the date of such hearing and decide the appeal within a reasonable time after it is submitted.  At the time of the hearing, any person may appear in person or by attorney.

 

4.11    Duties of Zoning Inspector, Board of Zoning Appeals, Legislative Authority and Courts on Matters of Appeal

 

            It is the intent of this resolution that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector and that such questions shall be presented to the board only on appeal from the decision of the Zoning Inspector and that recourse from the decisions of the Board shall be to the courts as provided by law.  It is further the intent of this resolution that the duties of the Board of Township Trustees in connection with this resolution shall not include hearing and deciding questions of interpretation and enforcement that may arise.  The procedure for deciding such questions shall be as stated in this section and this resolution.  Under this resolution, the Board of Township Trustees shall only have the duties of considering and adopting or rejecting proposed amendments or the repeal of this resolution as provided by law and of establishing a schedule of fees and charges as stated in Section 1351 of this resolution.  Nothing in this resolution shall be interpreted to prevent any official of the township from appealing a decision of the board to the courts as provided in Chapters 2505 and 2506 of the Ohio Revised Code.  Any such appeal shall be made within ten days of the board’s written decision.

 

4.12    Board of Township Trustees

 

            The powers and duties of the Township Trustees pertaining to the Zoning Resolution are as follows:

 

            1.   Approve the appointments of members to the Zoning Commission.

            2.   Approve the appointments of members to the Zoning Board of Appeals.

            3.   Initiate or act upon suggested amendments to the Zoning Resolution text or official Zoning District Map.  All action upon a

                  suggested zoning amendment shall be undertaken at a public hearing.

            4.   Approve appointment of the Zoning Inspector(s) and assistants, as may be required.

 

4.13    Schedule of Fees

 

                  The Board of Township Trustees shall, by resolution, establish a schedule of fees for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals and other procedures and services pertaining to the administration and enforcement of this resolution, after considering the recommendations of the Zoning Inspector with respect to actual administrative costs, both direct and indirect.  The schedule of fees shall be posted in the office of the Zoning Inspector and may be altered or amended only by the Board of Township Trustees.  Until all such appropriate fees, charges and expenses have been paid in full, no action shall be taken on any application, appeal or administrative procedure.  The schedule of fees shall be reviewed and published or posted every two years.