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Ordinances Recently Adopted by the Riverlea Village Council

The Village of Riverlea recognizing the need for internal regulation adopted the 'Code of Ordinances of the Village of Riverlea.' These are available to our residents and to the general public on the Web site of the American Legal Publishing Corporation. This page is intended only to let our residents know of recent ordinances.

Ordinance 05-2009

The Village of Riverlea recognizing the need for internal regulation adopted the 'Code of Ordinances of the Village of Riverlea.' These are available to our residents and to the general public on the Web site of the American Legal Publishing Corporation.American Legal Publishing Corporation. This page is intended only to let our residents know of impending and recent ordinances.

An Ordinance to Revise Certain Timing Requirements for the Consideration of Applications for a Variance

Introduced by Ms. Shannon

WHEREAS, the Chair of the Planning Commission and the Clerk-Treasurer have asked Council to revise certain requirements of the Village Code in order to provide clarity to residents regarding the timing for the submission and consideration of applications for a variance in the Village and to promote the efficiency in the receipt and review of those applications; and

WHEREAS, the Council of the Village of Riverlea has determined that providing such clarity will promote the common welfare and assist residents in understanding and utilizing the provisions of the Village Code applicable to such building projects.

Be It Ordained by the Council of the Village of Riverlea, State of Ohio

Section l. Revision of Existing Code Sections.

  1. That existing Riverlea Code Section 151.091 is hereby amended by deleting the same and replacing it with the following:
    § 151.091 FILING AND FEE

    1. Written application for a variance shall be made to the Planning Commission and filed with the Clerk-Treasurer, who shall transmit the application to the Planning Commission. The application shall be signed by the owner of the property affected and shall state that the information provided is accurate and truthful.

    2. The applicant shall pay a fee of $200 to cover advertising, review and reporting the proceedings of the Planning Commission with respect to the requested variance.
  2. That existing Riverlea Code Section 151.092 is hereby amended by deleting the same and replacing it with the following:
    § 151.092 CONTENTS OF APPLICATION.

    The application shall include:
    1. The name, address and telephone number of the owner of the property;

    2. An accurate legal description of the property;

    3. The exact nature of the variance requested, including reference to the particular standard and ordinance from which the applicant seeks deviation;

    4. A statement explaining the relation of the requested variance to the criteria for approval as listed in § 151.093 of this chapter;

    5. A list of all owners of property, including their mailing addresses, within 100 feet of, contiguous to, or directly across the street from the subject property;

    6. Seven copies of a plot plan showing:
      1. Boundaries and dimensions of the property, the size and location of all proposed or existing structures and the location of trees and shrubs;

      2. The nature of the special conditions or circumstances affecting the property;

      3. The proposed use of all parts of the lot and structures;

      4. The use of land and the location of structures on adjacent property;

    7. Any additional information required by the Planning Commission to establish the advisability of granting the variance.

  3. That existing Riverlea Code Section 151.093 is hereby amended by deleting the same and replacing it with the following:
    "§ 151.093 CRITERIA FOR APPROVAL.

    The following considerations shall be examined in the review and the public hearing of an application for variance:
    1. That special circumstances or conditions exist which are peculiar to the land or structure(s) involved and which are not applicable to other lands or structures in the Village.

    2. That a literal interpretation of the provisions of this Zoning Ordinance would result in practical difficulties for the owner of the property. The factors to be considered by the Planning Commission in making this determination are:
      1. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.

      2. Whether the variance is substantial.

      3. Whether the essential character of the neighborhood would be substantially altered, or whether adjoining properties would suffer a substantial detriment as a result of the variance.

      4. Whether the variance would adversely affect the delivery of governmental services.

      5. Whether the property owner purchased the property with knowledge of the zoning restriction.

      6. Whether the property owner's predicament feasibly can be obviated through some method other than a variance.

      7. Whether the spirit and intent behind the zoning requirement would be required to be observed and substantial justice done by granting the variance.


    3. That the special conditions and circumstances do not result from the actions of the applicant.

    4. That the granting of the variance will in no other manner adversely affect the health, safety and general welfare of the persons residing or working within the vicinity of the proposed variance, and not diminish or impair established property values within the surrounding areas, and not unreasonably increase the congestion in public streets.

  4. That existing Riverlea Code Section 151.094 is hereby amended by deleting the same and replacing it with the following:
    "§ 151.094 PROCEDURES.

    1. Procedure. All completed applications for variances filed with the Planning Commission shall be scheduled for hearing and heard, subject to rules adopted by the Planning Commission relating to the timing or completeness of submissions, not later than the second regular meeting to occur after the submission of the application, unless extended upon written request of the applicant. The Planning Commission by motion may at any time request additional information or drawings relating to the proposed variance, and such application shall be deemed to be a "completed application" only after the receipt of such additional information, and for the purpose of receiving such information may delay the consideration of the application to a date not later than the next regular meeting occurring after such request.

    2. Notice of hearing and time for consideration. Notice of the hearing before the Planning Commission shall be published by posting copies thereof in the five most public places in the village as determined by Village Council from time to time. The notice shall include the place, time and date of the hearing, the location of the property and the nature of the proposed variance. 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. Additionally, a notice containing the foregoing information shall be sent by first class mail to all property owners listed on the application filed pursuant to § 151.092 hereof, not less than 10 days prior to the date fixed for the hearing. Failure of any such property owner to receive mail notice does not invalidate the granting or denial of the variance. The Planning Commission may continue an on-going hearing from date to date without additional notice.

    3. Public hearing.
      1. The following persons may appear at hearings as parties and be heard in person or by attorney: the applicant; the owner of property that is the subject of the application, if the owner is not the applicant; the owner of property adjacent or contiguous to the property that is the subject of the application or who is the addressee of any notice provided for in Section (B) hereof; and any other person who claims a direct, present injury or prejudice to any personal or property right or interest that will occur if the application is approved or denied.

      2. A person authorized to appear and be heard may: present his or her position, arguments and contentions; offer and examine witnesses and present evidence in support of his or her position, arguments, and contentions; cross-examine witnesses purporting to refute his or her position, arguments, and contentions; offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions; proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Planning Commission.

      3. 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.


    4. Decisions; Issuance of building certificate. The Planning Commission shall grant or deny the variance not later than the next regular meeting at which the public hearing is completed, after considering the requirements listed in § 151.093 hereof. The Planning Commission's final decision shall be in writing, shall be accompanied by a finding of fact and statement of reasons for the decision reached and shall be filed with the Clerk-Treasurer of the Village, and shall become a part of the public record. A certified copy of the decision of the Planning Commission shall be transmitted by the Clerk-Treasurer of the Village to 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 by regular United States mail.

      In granting such variance, the Planning Commission may impose such conditions as are reasonably necessary to serve the purpose and objectives of the village's zoning and building ordinances, but only with the expressed consent of the applicant. The Clerk-Treasurer shall incorporate the terms and conditions of such decision in any certificate or permit granted to the applicant, whenever a permit or certificate is authorized.”

Section 2. The Statutes To Be Amended. That pursuant to the requirements of Sections 731.19, Ohio Revised Code, the existing Riverlea Code Sections 151.091, 151.092, 151.093 and 151.094, which are amended by Section 1 above, are hereby set forth:

  1. Riverlea Code Section 151.091:
    § 151.091 FILING AND FEE.
    1. Written application for a variance shall be made to the Planning Commission and filed with the Clerk-Treasurer, who shall transmit the application to the Planning Commission. The application shall be signed by the owner of the property affected and shall state that the information provided is accurate and truthful.

    2. The applicant shall pay a fee of $50 to cover advertising, review and reporting the proceedings of the Planning Commission with respect to the requested variance.


  2. Riverlea Code Section 151.092:
    "§ 151.092 CONTENTS OF APPLICATION.
    The application shall include:
    1. The name, address and telephone number of the owner of the property;

    2. An accurate legal description of the property;

    3. The exact nature of the variance requested, including reference to the particular standard and ordinance from which the applicant seeks deviation;

    4. A statement explaining the relation of the requested variance to the criteria for approval as listed in § 151.093 of this chapter;

    5. A list of all owners of property, including their mailing addresses, within 500 feet of, contiguous to, or directly across the street from the subject property;

    6. Three copies of a plot plan showing:
      1. Boundaries and dimensions of the property, the size and location of all proposed or existing structures and the location of trees and shrubs;

      2. The nature of the special conditions or circumstances affecting the property;

      3. The proposed use of all parts of the lot and structures;

      4. The use of land and the location of structures on adjacent property;


    7. Any additional information required by the Planning Commission to establish the advisability of granting the variance.

    8. The written statement of the Building Inspector or other officer certifying that he or she has refused to grant a building permit with respect to the proposed use for which the variance if requested, or a written statement of the applicant as to why the building permit was not requested.

    9. The written statement of the applicant that the proposed use will have no detrimental environmental impact upon the village or upon the neighborhood immediately surrounding the proposed project.


  3. Riverlea Code Section 151.093:
    "§ 151.093 CRITERIA FOR APPROVAL.
    The following consideration shall be examined in the review and the public hearing of an application for variance:
    1. That special circumstances or conditions exist which are peculiar to the land or structures involved and which are not applicable to other lands or structures in the same zoning classification;

    2. That a literal interpretation of the provisions of the zoning or building ordinances would deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification under the provisions of the zoning and building ordinances;

    3. That the special conditions and circumstances do not result from the actions of the applicant;

    4. That the granting of the variance will not confer on the applicant any special privilege that is denied by the zoning or building ordinances to other lands or structures in the same zoning classification;

    5. That the granting of the variance will in no other manner adversely affect the health, safety and general welfare of the persons residing within the vicinity of the property.”


  4. Riverlea Code Section 151.094:
    "§ 151.094 PROCEDURES.
    1. Procedure. The Planning Commission shall review applications for variances at a public meeting to be held within 30 days after the receipt of a completed application therefor. The Planning Commission or the Building Inspector may at any time, request additional information or drawings relating to the proposed variance, and such application shall be deemed to be a "completed application" only after the receipt of such additional information.

    2. Notice of hearing and time for consideration. Notice of the hearing before the Planning Commission shall be published by posting copies thereof in the five most public places in the village as determined by Village Council from time to time. The notice shall include the place, time and date of the hearing, the location of the property and the nature of the proposed variance. Additionally, a notice containing the foregoing information shall be sent by first class mail to all property owners listed on the application filed pursuant to § 151.093 hereof, not less than 14 days prior to the date fixed for the hearing. Failure of any such property owner to receive mail notice does not invalidate the granting or denial of the variance.

    3. Public hearing. The Planning Commission shall grant or deny the variance at the meeting at which the public hearing is held, following public comment and after considering the requirements listed in § 151.093 hereof. In granting such variance, the Planning Commission may impose such conditions as are reasonably necessary to serve the purpose and objectives of the village's zoning and building ordinances.

    4. Issuance of building certificate. Upon approval of the variance by the Planning Commission, the Building Inspector shall issue to the applicant a building certificate that states all the terms of the variance as granted, including any conditions imposed by the Planning Commission."

Section 3. Effective Date. That this Ordinance shall take effect from and after the earliest date permitted by law.

Section 4. Open Meetings. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with law.

Section 5. Publication. That pursuant to Ohio Revised Code Section 731.25, the Council of the Village of Riverlea hereby determines that publication of this Ordinance in a newspaper is unnecessary and does hereby determine that this Ordinance shall be published by posting copies hereof in the five following places which are determined to be the five most public places in the Village of Riverlea, Ohio:

  1. The Circle on West R iverglen Drive.
  2. The Ravine Park on West Riverglen Drive.
  3. The Northwest corner of Beverly Place and Dover Court.
  4. Lot 75 on West Riverglen Drive.
  5. Lot 7 on West Southington Avenue.
Copies of this Ordinance shall be posted continuously in the above-mentioned places for a period of fifteen (l5) days and at the expiration thereof this Ordinance shall become effective.

Passed this __________day of _________________________,2009.

John A. Schaer, President of Council

ATTEST:

Pamela M. Colwell, Clerk of Council

Mary Jo Cusack, Mayor

I hereby certify that on the __________day of_________________________,2009, I posted a copy of the above Ordinance in each of the five places heretofore designated by Council as the most public places in the Village of Riverlea and that the same remained there posted continuously for fifteen (l5) days.

Pamela M. Colwell, Clerk of Council