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HomeMy Public PortalAboutPlanning Commission Rules, Regulations, and Procedures-2011CITY OF FAIRLAW N PLANNING COMMISSON RULES, REGULATIONS, AND PROCEDURES JURISDICTION A. The Planning Commission shall have such powers as may be conferred upon it by ordinance of the Council concerning the plan, design, location, removal, relocation, and alteration of any building or structure or those located on public streets or property, excepting single family residential structures; and the location, relocation, widening, eMension and vacation of streets, parkways, playgrounds and other public places; and the zoning and rezoning of the Municipality for any lawful purpose, and such other powers as may now or hereafter be conferred upon it by ordinance of the Council or by the general laws of the State of Ohio to the extent not inconsistent with this Charter or such ordinances. All zoning and rezoning recommendations made by the Planning Commission shall be submitted to the Council for approval before the same shall become effective. B. No building or structure, excepting single family residential structures, and street, boulevard, parkway, park, playground, public ground, river front, harbor, dock, wharf, bridge, viaduct, tunnel, or other public way, ground, works or utility, whether publicly or privately owned, or a part thereof shall be constructed or authorized to be constructed in the Municipality, nor shall any public street, avenue, parkway, boulevard, or alley be widened, narrowed, relocated, vacated, or its use changed or any ordinance referring to zoning or other regulations controlling the use or development of land be passed, unless and until the matter shall have been submitted to the Planning Commission for report and recommendation. Any matter so referred to the Planning Commission shall be acted upon by it within three (3) regularly scheduled meetings including the date of its introduction before the Commission unless a longer time is allowed by Council. If the Planning Commission shall fail to act within the time allocated, it shall be deemed to have approved such matter. If any provision of such ordinance, resolution or order is disapproved by formal action of the Planning Commission, the adoption of such ordinance, resolution or order shall require an affirmative vote of five (5) or more members of Council. C. Planning Commission review and approval of all multiple family residential dwellings, with more than three dwelling units per building; commercial structures; institutional structures; buildings that serve accessory uses to these structures; or changes to any of the aforementioned structures, is Dac: 11-004 Ordinance 2011-026 Adopted 5/16/2011 Page 1 of 5 required. The proponent shall present the proposal to the Planning Commission and after due consideration, the Commission shall approve, reject or table the application. II. COMPOSITION AND TERM A. The Planning Commission shall consist of five (S) regular members and one (l) alternate member all of whom shall be electors of the Municipality not holding other Municipal office in the Municipality. The alternate member shall sit in place of an absent member and shall have full voting authority on issues before the Commission. The alternate member shall not assume the duties of an officer when sitting in the absence of such officer. The five (5) regular members and one (1) alternate member shall be appointed by the Mayor with confirmation by Council. III. ELECTION OF OFFICERS A. At its first meeting of each calendar year, the Planning Commission as a whole shall elect, by majority vote, from among its members, a Chairman, a Vice-Chairman, and a Secretary. These officers shall serve in their respective capacity of a term of one (1) year, or until new officers are elected following the one year term. IV. REGULAR MEETINGS A. The Planning Commission shall regularly meet on the second Thursday of each month and shall conduct such business as is properly scheduled to be heard according to the rules and regulations set forth herein. B. All meetings shall be open to the public and shall be held in the Fairlawn Municipal Building. V. SPECIAL MEETINGS A. The Chairman, or Vice-Chairman, upon the request of any one member of the Commission, may call a special meeting on such day and time as is convenient. Such meetings may be called to order to handle business previously scheduled but unable to be heard because of a crowded agenda, unfinished business from a prior meeting which necessitates a decision or a judgment of the Commission; and to facilitate certain applicants where hardship, prior delays or other unusual circumstances warrant it. B. A special meeting called for the purpose described above, or whenever an applicant is scheduled to appear before the Commission, shall be conducted in the same manner as a regular meeting. When a special meeting is called, only the itemjs) on the agenda may be heard at that meeting. DoC 11-004 Ordinance 2011-026 Adopted 5/16/2011 Page 2 of 5 VI. QUORUM A. In order for the Commission to conduct any business, a quorum must be present. Three members present constitute a quorum. If a member cannot attend a meeting for any reason other than an emergency, said member must notify the Zoning, Housing and Residential Building Department by the Monday before the scheduled meeting. VII. ORDER OF BUSINESS A. The Chairman, or in his absence, the Vice-Chairman, shall preside over each meeting of the Commission. 1. Attendance shall be taken and recorded in the minutes 2. The Chairman shall determine if a quorum is present, and if not, the meeting shall adjourn 3. Minutes of the previous meeting shall be reviewed and amended if necessary then approved or disapproved by majority vote of the members 4. All those matters properly scheduled on the agenda will be heard in the following order: Old Business b) New Business VIII. PROCEDURE TO INITIATE ACTION BY THE COMMISSION A. RULES AND REGULATIONS - A copy of the Rules and Regulations shall be provided to each applicant at the time the filing fee is paid if a copy has not already been provided. B. APPLICATION 1. City of Fairlawn Planning Commission Application must be completed in full and shall be filed at the City of Fairlawn, 3487 S. Smith Rd., Fairlawn, OH 44333. 2. In order for an item to be placed on the agenda, the application must be filed by 4:00 P.M. on the fifteenth (15`h) day immediately preceding the regularly scheduled meeting of the Commission. All items filed after the closing date shall be placed on the subsequent agenda. 3. A filing fee shall accompany every application in accordance with the fee schedule indicated on the application. 4. Upon receipt of said application and filing fee, the day and date of receipt shall be marked thereon. Doc: 11-004 Ordinance 2011-026 Adopted 5/16/2011 Page 3 of 5 5. The City of Fairlawn Zoning, Housing and Residential Building Department shall set the matter on the agenda for a regularly scheduled meeting of the Commission. 6. A copy of the application and agenda will then be forwarded to the Planning Commission members. 7. A copy of the agenda will be forwarded to all proponents. IX. PRESENTATION BY PROPONENTS A. ORAL PRESENTATION 1. The proponent shall make an oral presentation explaining his/her application and its compliance with all necessary requirements of these rules and regulations and the Zoning Ordinance of the City of Fairlawn. 2. The proponent shall be prepared to answer questions from the Commission. 3. The oral presentation may be waived by written notice addressed to the Commission at least one (1) week prior to the scheduled hearing. 4. Should the proponent fail to appear without waiver at the scheduled hearing, the Commission shall dismiss the application without prejudice to the proponent. If a waiver is granted, the application will be carried over to the next regular meeting. 5. Each oral presentation shall be limited to twenty (20) minutes. Where the project contemplated is highly complex, additional time may be granted at the option of the Commission upon written request of the proponent made at least eight (8) days prior to the scheduled hearing so that additional time allotted may be reflected on the agenda. X. DECISION OF THE COMMISSION A. After formal presentation by the proponent, and after due consideration of the application, the Commission shall approve, reject or table the application. 1. When approval is given, it may be preliminary or final. 2. When final approval is given, it is the responsibility of the proponent to submit final design plans to all applicable City Departments and reviewing agencies. 3. Upon final approval, the Commission shall place its stamp of approval on the submitted plans or drawings. Doc: 11-004 Ordinance 2011 026 Aaopled s/16/zou Page 4 of 5 4. The Commission shall retain one (1) copy of the plat plans or drawings for its file. 5. Upon rejection, if requested by the proponent, the Commission as a whole shall state its reasons for rejection and may, at its option, make certain recommendations. If the recommendations are complied with, the proponent can resubmit the application. Failure to resubmit as recommended within sixty (60) days, shall confirm rejection. 6. All approved actions of final plans by the Commission shall become null and void if the proponent does not make a formal request to the Zoning Administrator for the required zoning certificate or building permit within one (1) year from the date of said approval. 7. All anions of the Commission recommending to the Council the rezoning of lands shall become null and void if the proponent fails to present said matters to Council within one (1) year from the date of Commission action. 8. All recommendations to the Board of Zoning and Building Appeals regarding variances of any planning and zoning requirements shall become null and void if the proponent fails to present said matters to the Board of Zoning Appeals within six (6) months from the date of the Commission recommendation. XI. MINIMUM VOTE REQUIRED A. In order to accept or reject a formal motion before the Commission, a minimum of three (B) votes shall be required for or against the motion. If a motion fails to obtain the minimum of three (3) votes, for or against it, it shall be tabled for consideration at the next regularly scheduled meeting of the Commission. At said meeting, should said motion again fail to obtain the minimum of three (B) votes, the motion shall be deemed rejected. XII. VARIANCES A. The Planning Commission has no power to grant variances to the zoning ordinance. A request for variances shall be certified to the Board of Zoning and Building Appeals with the recommendations of the Commission. Adopted: ~ l~ /I 2011 ~, ~ r Julie ipka, Chairperson Ja Cook,~Secretary Doc: 11-004 Ordinance 2011-026 Adopted 5/16/2011 Page 5 of 5