Ordinance 2022-10

An Ordinance Amending the Planning and Zoning Code of the Village of Chagrin Falls and Amending Sections 1111.01, 1111.03, 1111.06, 1111.07(A) and 1111.10

  • Introduced by: Rogoff
  • 1st Reading (03/14/2022)
  • 2nd Reading (03/28/2022)
  • Public Hearing (04/11/2022)
  • 3rd Reading (04/11/2022)
  • Passed (04/11/2022)

Whereas, the Planning and Zoning Commission, at their February 23, 2022 meeting recommended to Council to amend Planning and Zoning Code Sections 1111.01, 1111.03, 1111.06, 1111.07(a) and 1111.10 regarding administrative appeals;

Whereas, Council has held a public hearing on April 11, 2022 on this Ordinance;

Whereas, Council desires to enact the foregoing amendments to the Planning and Zoning Code by amending Section 1111.01, 1111.03, 1111.06, 1111.07(a) and 1111.10 based, in part, on the recommendations of the Planning and Zoning Commission.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. Planning and Zoning Code Section 1111.01 is hereby amended and re-lettered in its entirety to read as follows:

1111.01   INTENT.

The Board of Zoning Appeals shall hear any questions or disputes involving the interpretation of provisions of this Planning and Zoning Code, which shall be final, unless the matter is referred to the Council as set forth in this Chapter 1111. The Board of Zoning Appeals shall determine whether or not a variance from the strict letter of the Planning and Zoning Code should be granted. The Board of Zoning Appeals shall determine whether decisions of administrative officers, boards or commissions should be affirmed, reversed or modified on appeal.

  1. (a) When reviewing a decision of the Planning and Zoning Commission where it has acted to modify any part of the Planning and Zoning Code, as applied to any proposed development, the Board of Zoning Appeals shall be guided by the review standards set out in Sections 1111.07, 1111.08 and 1111.09 of this Chapter 1111, to the extent applicable.

  2. (b) If the standards set out in subsection 1111.01(a) are not applicable, then the Board of Zoning Appeals shall follow the review standards set out in the following subsections:

    1. (1) When reviewing other decisions of the Planning and Zoning Commission, or decisions of the Architectural Board of Review, or any administrative officer, the Board of Zoning Appeals shall first determine if (a) the decision was based on a correct interpretation of the Ordinances and Regulations of the Municipality; and (b) the decision was not unreasonable or an abuse of discretion, where discretion is permitted by the Ordinance or Regulation that is the basis for the decision being reviewed.

    2. (2) If the decision was based on an incorrect interpretation, or was unlawful, unreasonable or an abuse of discretion, as the case may be, the Board of Zoning Appeals may reverse, modify or remand the matter to the administrative officer, board or commission that rendered such decision. Otherwise the Board of Zoning Appeals shall affirm such decision.

Section 2. Current Planning and Zoning Code Section 1111.01, the full text of which follows, is hereby repealed.

1111.01   INTENT.

The Board of Zoning Appeals shall hear any questions or disputes involving the interpretation of provisions of this Planning and Zoning Code, which shall be final, unless the matter is referred to the Council as set forth in this Chapter 1111. The Board of Zoning Appeals shall determine whether or not a variance from the strict letter of the Planning and Zoning Code should be granted. The Board of Zoning Appeals shall determine whether decisions of administrative officers, boards or commissions should be affirmed, reversed or modified on appeal.

Section 3. Planning and Zoning Code Section 1111.01 with strikeouts for deletions and underlining for additions, reads in its entirety as follows:

1111.01   INTENT.

The Board of Zoning Appeals shall hear any questions or disputes involving the interpretation of provisions of this Planning and Zoning Code, which shall be final, unless the matter is referred to the Council as set forth in this Chapter 1111. The Board of Zoning Appeals shall determine whether or not a variance from the strict letter of the Planning and Zoning Code should be granted. The Board of Zoning Appeals shall determine whether decisions of administrative officers, boards or commissions should be affirmed, reversed or modified on appeal.

  1. (a) When reviewing a decision of the Planning and Zoning Commission where it has acted to modify any part of the Planning and Zoning Code, as applied to any proposed development, the Board of Zoning Appeals shall be guided by the review standards set out in Sections 1111.07, 1111.08 and 1111.09 of this Chapter 1111, to the extent applicable.

  2. (b) If the standards set out in subsection 1111.01(a) are not applicable, then the Board of Zoning Appeals shall follow the review standards set out in the following subsections:

    1. (1) When reviewing other decisions of the Planning and Zoning Commission, or decisions of the Architectural Board of Review, or any administrative officer, the Board of Zoning Appeals shall first determine if (a) the decision was based on a correct interpretation of the Ordinances and Regulations of the Municipality; and (b) the decision was not unreasonable or an abuse of discretion, where discretion is permitted by the Ordinance or Regulation that is the basis for the decision being reviewed.

    2. (2) If the decision was based on an incorrect interpretation, or was unlawful, unreasonable or an abuse of discretion, as the case may be, the Board of Zoning Appeals may reverse, modify or remand the matter to the administrative officer, board or commission that rendered such decision. Otherwise the Board of Zoning Appeals shall affirm such decision.

Section 4. Planning and Zoning Code Section 1111.03 is hereby amended in its entirety as follows:

1111.03   APPLICATION FOR APPEALS OR VARIANCES.

An appeal shall be considered by the Board of Zoning Appeals only after formal action has been taken by the Administrator or other officers, or is taken at a public meeting by a board or commission with regard to an application for a building permit, zoning certificate, issuance of a stop order, specific referral or some similar action; provided that:

  1. (a) Within ten (10) days of such action, an application for appeal shall be filed with the Administrator; and when applicable, an application for a variance shall be filed with the Administrator; and

  2. (b) Application for appeal or variance shall include reference to the decision or sections of this Planning and Zoning Code from which the appeal or variance is sought and all necessary data in accordance with the form provided.

  3. (c) An application for an appeal may be filed by (i) the person who has been denied a building permit, zoning certificate or any other authorization, (ii) a person who has received a stop work order under any provision of the Codified Ordinances, (iii) any property owner who can prove they would be especially damaged by the issuance of a permit or other administrative approval, or (iv) any property owner who should have received a notice of a request for approval of a project pursuant to Section 1109.05 of this Planning and Zoning Code and who has an interest, established by law, in the disposition of such matter.

  4. (d) Prior to filing an application for a variance from the Board of Zoning Appeals, for the erection, enlargement and/or alteration of a building in the Municipality, the applicant shall be required to first obtain preliminary plan approval from the Architectural Board of Review for such building.

  5. (e) In the event an aggrieved party was provided with incorrect written information from the Administrator, Building Inspector, Secretary of the Planning and Zoning Commission or the Board of Zoning Appeals, or other Village official with authority to provide information on appeal deadlines, as to the date when an appeal from formal action taken pursuant to this Section must be filed, and as a result the aggrieved party is unable to timely file an appeal from such action, the aggrieved party shall have a period of ten (10) days from the date that they discovered the correct deadline to file an appeal, but not to exceed twenty (20) days after formal action has been taken from which an appeal must ordinarily be filed with the Administrator, by filing the appropriate application and information as required by the Planning and Zoning Code.

    In the event an appeal is filed pursuant to this section, the Building Inspector shall issue an order to the permit recipient to discontinue all work authorized under such permit, in accordance with Section 1307.10, during the pendency of the appeal. Further work performed under such permit, during the pendency of the appeal, shall be deemed to be in violation of this provision.

Section 5. Current Planning and Zoning Code Section 1111.03, the full text of which follows is hereby repealed.

1111.03   APPLICATION FOR APPEALS OR VARIANCES.

An appeal shall be considered by the Board of Zoning Appeals only after formal action or decision has been taken by the Administrator or other Officers, Boards, or Commissions with regard to an application for a building permit, zoning certificate, issuance of a stop order, specific referral or some similar action; provided that:

  1. (a) The Administrator or designee shall send notice of such formal action or decision, by electronic mail, or by depositing a letter with the United States Postal Service, with postage pre-paid, notifying the aggrieved party who first made such application, as the case may be, of such formal action or decision.

  2. (b) Within ten (10) days of such formal action or decision, an application for appeal from such formal action or a decision shall be filed with the Administrator; and when applicable, an application for a variance shall be filed with the Administrator within such ten (10) day period; and

  3. (c) The time period to file an appeal shall commence to run upon the date that the Administrator or designee sends notice of such formal action or decision, by electronic mail, or by depositing a letter with the United States Postal Service, with postage pre-paid, notifying the aggrieved party who first made such application, as the case may be, of such formal action or decision. The notice shall be sent to the e-mail address or residence or business address designated by the applicant when filing an application for a permit, if any. Failure of the applicant to receive such notice shall not be a basis for tolling or extending the time period to file an appeal.

  4. (d) Prior to filing an application for a variance from the Board of Zoning Appeals, for the erection, enlargement and/or alteration of a building in the Municipality, the applicant shall be required to first obtain preliminary plan approval from the Architectural Board of Review for such building.

  5. (e) In the event an aggrieved party was provided with incorrect written information from the Administrator, Building Inspector, Secretary of the Planning and Zoning Commission or the Board of Zoning Appeals, or other Village official with authority to provide information on appeal deadlines, as to the date when an appeal from formal action taken pursuant to this Section must be filed, and as a result the aggrieved party is unable to timely file an appeal from such action, the aggrieved party shall have a period of ten (10) days from the date that they discovered the correct deadline to file an appeal, but not to exceed twenty (20) days after formal action has been taken from which an appeal must ordinarily be filed with the Administrator, by filing the appropriate application and information as required by the Planning and Zoning Code.

    In the event an appeal is filed pursuant to this Section, the Building Inspector shall issue an order to the permit recipient to discontinue all work authorized under such permit in accordance with Section 1307.10, during the pendency of the appeal. Further work performed under such permit, during the pendency of the appeal, shall be deemed to be in violation of this provision.

Section 6. As amended, Planning and Zoning Code Section 1111.03 with strikeouts for deletions and underlining for additions reads in its entirety as follows:

1111.03   APPLICATION FOR APPEALS OR VARIANCES.

An appeal shall be considered by the Board of Zoning Appeals only after formal action or decision has been taken by the Administrator or other Officers, Boards, or Commissions or is taken at a public meeting by a board or commission with regard to an application for a building permit, zoning certificate, issuance of a stop order, specific referral or some similar action; provided that:

  1. (a) The Administrator or designee shall send notice of such formal action or decision, by electronic mail, or by depositing a letter with the United States Postal Service, with postage pre-paid, notifying the aggrieved party who first made such application, as the case may be, of such formal action or decision.

  2. (ba) Within ten (10) days of such formal action or decision, an application for appeal from such formal action or a decision shall be filed with the Administrator; and when applicable, an application for a variance shall be filed with the Administrator within such ten (10) day period; and

  3. (b) Application for appeal or variance shall include reference to the decision or sections of this Planning and Zoning Code from which the appeal or variance is sought and all necessary data in accordance with the form provided.

  4. (c) The time period to file an appeal shall commence to run upon the date that the Administrator or designee sends notice of such formal action or decision, by electronic mail, or by depositing a letter with the United States Postal Service, with postage pre-paid, notifying the aggrieved party who first made such application, as the case may be, of such formal action or decision. The notice shall be sent to the e-mail address or residence or business address designated by the applicant when filing an application for a permit, if any. Failure of the applicant to receive such notice shall not be a basis for tolling or extending the time period to file an appeal. An application for an appeal may be filed by (i) the person who has been denied a building permit, zoning certificate or any other authorization, (ii) a person who has received a stop work order under any provision of the Codified Ordinances, (iii) any property owner who can prove they would be especially damaged by the issuance of a permit or other administrative approval, or (iv) any property owner who should have received a notice of a request for approval of a project pursuant to Section 1109.05 of this Planning and Zoning Code and who has an interest, established by law, in the disposition of such matter.

  5. (d) Prior to filing an application for a variance from the Board of Zoning Appeals, for the erection, enlargement and/or alteration of a building in the Municipality, the applicant shall be required to first obtain preliminary plan approval from the Architectural Board of Review for such building.

  6. (e) In the event an aggrieved party was provided with incorrect written information from the Administrator, Building Inspector, Secretary of the Planning and Zoning Commission or the Board of Zoning Appeals, or other Village official with authority to provide information on appeal deadlines, as to the date when an appeal from formal action taken pursuant to this Section must be filed, and as a result the aggrieved party is unable to timely file an appeal from such action, the aggrieved party shall have a period of ten (10) days from the date that they discovered the correct deadline to file an appeal, but not to exceed twenty (20) days after formal action has been taken from which an appeal must ordinarily be filed with the Administrator, by filing the appropriate application and information as required by the Planning and Zoning Code.

    In the event an appeal is filed pursuant to this Section, the Building Inspector shall issue an order to the permit recipient to discontinue all work authorized under such permit in accordance with Section 1307.10, during the pendency of the appeal. Further work performed under such permit, during the pendency of the appeal, shall be deemed to be in violation of this provision.

Section 7. Planning and Zoning Code Section 1111.06 is hereby amended in its entirety to read as follows:

1111.06   RECORD OF DECISION.

  1. (a) As soon as possible after the Board of Zoning Appeals makes any final reviewable decision, the Chief Administrative Officer shall notify, in writing, the Clerk of Council of such action and notify each member of Council, using the electronic mail address they have provided to the Clerk of Council for receiving notices of Council business, or if none, by personal delivery, of the action taken by the Board of Zoning Appeals.

  2. (b) Within fifteen (15) days after receipt of the written notification by the Chief Administrative Officer regarding a final decision made by the Board of Zoning Appeals, any three (3) or more members of Council may, in writing and emailed to the Clerk of Council, with copies provided to each member of Council at their electronic mail address, or if none by personal delivery, in any form or manner such Council members deem appropriate, request that the Clerk of Council set a public hearing to review the decision of the Board of Zoning Appeals, in which case the Council shall receive testimony, and consider the evidence presented to Council, which shall also include the record to be prepared and provided by the Board of Zoning Appeals to Council, including its decision and conclusions of fact, and the decision of Council shall be final in regard to any exception, variance, interpretation or review of orders of administrative officials, boards or agencies of the Municipality, and a majority of Council shall be required to either affirm or reverse the decision of the Board of Zoning Appeals.

  3. (c) Notice of the hearing by Council shall be given as provided in Section 1109.09 of the Planning and Zoning Code, including to the applicant before the Board of Zoning Appeals that is the subject of the review by Council.

  4. (d) If three (3) or more members of Council fail to request a hearing within fifteen (15) days after receipt of notification of the decision of the Board of Zoning Appeals by the Clerk of Council, the decision of the Board of Zoning Appeals shall be final.

  5. (e) The notice to be provided by at least three (3) members of Council to have such Board of Zoning Appeals’ decision reviewed by Council shall provide the name of the applicant, the address of the property that is the subject of the exception, variance, interpretation or review of orders of administrative officials, and which action(s) of the Board of Zoning Appeals will be reviewed by Council, but the failure to include all such information shall not impair Council’s review of the decision.

  6. (f) The Clerk of Council shall give notice of the hearing of the request for review by the three (3) or more Council members to the applicant, the law director, and the secretary of the Board of Zoning Appeals.

Section 8. Current Planning and Zoning Code Section 1111.06, the full text of which follows is hereby repealed.

1111.06   RECORD OF DECISION.

  1. (a) The Board of Zoning Appeals, upon making any decision contemplated by this Chapter 1111, shall have its secretary immediately notify, in writing, the Clerk of Council of such action and notify each member of Council, using the electronic mail address they have provided to the Clerk of Council for receiving notices of Council business, or if none, by personal delivery, of the action taken by the Board of Zoning Appeals.

  2. (b) Within fifteen (15) days after receipt of the written notification by the Clerk of Council from the Board of Zoning Appeals, of each decision made by such Board, any three (3) or more members of Council may, in writing, with copies provided to each member of Council at their electronic mail address, or if none by personal delivery, in any form or manner such Council members deem appropriate, request that the Clerk of Council set a public hearing to review the decision of the Board of Zoning Appeals, in which case the Council shall receive testimony, and consider the evidence presented to Council, which shall also include the record to be prepared and provided by the Board of Zoning Appeals to Council, including it’s their decision and conclusions of fact, and the decision of Council shall be final in regard to any exception, variance, interpretation or review of orders of administrative officials, boards or agencies of the Municipality, and a majority of Council shall be required to either affirm or reverse the decision of the Board of Zoning Appeals.

  3. (c) Notice of the hearing by Council shall be given as provided in Section 1109.09 of the Planning and Zoning Code, including to the applicant before the Board of Zoning Appeals that is the subject of the review by Council.

  4. (d) If three (3) or more members of Council failed to request a hearing within fifteen (15) days after receipt of notification of the decision of the Board of Zoning Appeals by the Clerk of Council, the decision of the Board of Zoning Appeals shall be final.

  5. (e) The notice to be provided by at least three (3) members of Council to have such Board of Zoning Appeals’ decision reviewed by Council shall provide the name of the applicant, the address of the property that is the subject of the exception or variance, and which action(s) of the Board of Zoning Appeals will be reviewed by Council.

  6. (f) Clerk of Council shall give notice of the hearing of the request for review by the three (3) or more Council members to the applicant, the law director and the secretary of the Board of Zoning Appeals.

Section 9. As amended, Planning and Zoning Code Section 1111.06 with strikeouts for deletions and underlining for additions reads in its entirety as follows:

1111.06   RECORD OF DECISION.

  1. (a) As soon as possible after Tthe Board of Zoning Appeals, upon making any decision contemplated by this Chapter 1111, makes any final reviewable decision, the Chief Administrative Officer shall have its secretary immediately notify, in writing, the Clerk of Council of such action and notify each member of Council, using the electronic mail address they have provided to the Clerk of Council for receiving notices of Council business, or if none, by personal delivery, of the action taken by the Board of Zoning Appeals.

  2. (b) Within fifteen (15) days after receipt of the written notification by the Clerk of Council from Chief Administrative Officer regarding a final decision made by the Board of Zoning Appeals, of each decision made by such Board, any three (3) or more members of Council may, in writing, and emailed to the Clerk of Council with copies provided to each member of Council at their electronic mail address, or if none by personal delivery, in any form or manner such Council members deem appropriate, request that the Clerk of Council set a public hearing to review the decision of the Board of Zoning Appeals, in which case the Council shall receive testimony, and consider the evidence presented to Council, which shall also include the record to be prepared and provided by the Board of Zoning Appeals to Council, including it’s their decision and conclusions of fact, and the decision of Council shall be final in regard to any exception, variance, interpretation or review of orders of administrative officials, boards or agencies of the Municipality, and a majority of Council shall be required to either affirm or reverse the decision of the Board of Zoning Appeals.

  3. (c) Notice of the hearing by Council shall be given as provided in Section 1109.09 of the Planning and Zoning Code, including to the applicant before the Board of Zoning Appeals that is the subject of the review by Council.

  4. (d) If three (3) or more members of Council failed to request a hearing within fifteen (15) days after receipt of notification of the decision of the Board of Zoning Appeals by the Clerk of Council, the decision of the Board of Zoning Appeals shall be final.

  5. (e) The notice to be provided by at least three (3) members of Council to have such Board of Zoning Appeals’ decision reviewed by Council shall provide the name of the applicant, the address of the property that is the subject of the exception, or variance, interpretation or review of orders of administrative officials, and which action(s) of the Board of Zoning Appeals will be reviewed by Council, but the failure to include all such information shall not impair Council’s review of the decision.

  6. (f) Clerk of Council shall give notice of the hearing of the request for review by the three (3) or more Council members to the applicant, the law director and the secretary of the Board of Zoning Appeals.

Section 10. Planning and Zoning Code Section 1111.07(a) is hereby amended in its entirety as follows:

1111.07   REASONS FOR GRANTING VARIANCES.

  1. (a) The Board of Zoning Appeals, and in the case of a review of the decision of the Board of Zoning Appeals’ decision by Council, may, in specific cases, vary, modify or waive the application of certain provisions of this Planning and Zoning Code, after making findings of fact setting forth the reasons therefor, with such conditions the Board of Zoning Appeals or Council believes are necessary to impose in granting a variance in order that the public health, safety, convenience, comfort and general welfare may be safeguarded and substantial justice done.

Section 11. Current Section 1111.07(a), the full text of which follows is hereby repealed.

1111.07   REASONS FOR GRANTING VARIANCES.

  1. (a) The Board of Zoning Appeals, and in the case of a review of the Board of Zoning Appeals’ decision by Council, may, in specific cases, vary, modify or waive the application of certain provisions of this Planning and Zoning Code, after making findings of fact setting forth the reasons therefor, in order that the public health, safety, convenience, comfort and general welfare may be safeguarded and substantial justice done.

Section 12. As amended Planning and Zoning Code Section 1111.07(a) with strikeouts for deletions and underlining for additions, reads in its entirety as follows.

1111.07   REASONS FOR GRANTING VARIANCES.

  1. (a) The Board of Zoning Appeals, and in the case of a review of the decision of the Board of Zoning Appeals’ decision by Council, may, in specific cases, vary, modify or waive the application of certain provisions of this Planning and Zoning Code, after making findings of fact setting forth the reasons therefor, with such conditions the Board of Zoning Appeals or Council believes are necessary to impose in granting a variance in order that the public health, safety, convenience, comfort and general welfare may be safeguarded and substantial justice done.

Section 13. Planning and Zoning Code Section 1111.10 is hereby amended in its entirety as follows:

1111.10   ACTION BY COUNCIL.

  1. (a) When required to review a decision of the Board of Zoning Appeals, pursuant to Section 1111.06 of the Zoning Code, each case shall be considered by Council upon the record created by the Board of Zoning Appeals, and as supplemented by the evidence presented by the applicant, the Municipality or anyone else interested in the proceeding.

  2. (b) Council shall apply the laws of the Municipality to the facts of the case as those facts are contained in the record which was created by the Board of Zoning Appeals or supplemented in the proceedings before Council, where testimony shall be taken under oath and subject to issuance of subpoenas upon request, and such testimony shall be subject to cross examination whether it be presented at the Board of Zoning Appeals or Council.

  3. (c) In the event the Council does not follow the decision of the Board of Zoning Appeals, Council shall make its own decision and shall adopt Conclusions of Fact which support its decision, and which are found in the record.

  4. (d) Quorum and Vote. A majority of the members of Council shall constitute a quorum for the review of the Board of Zoning Appeals decision. In each case a motion or motions shall be made to grant the relief requested. Such motions may be made and seconded by members who are opposed to the motion. The affirmative vote of four members of Council shall be necessary for any official decision. Failure to receive four (4) affirmative votes will constitute a denial of the review pending before Council and will result in an affirmance of the prior administrative action being reviewed. Prior to voting on a motion, the movant and/or other Council members shall state findings which support their decision. Such findings shall become the basis for Conclusions of Fact by the Council. Members may state their agreement with the proffered findings and need not restate all findings supporting their decision prior to voting on the motion.

  5. (e) At any time prior to a final decision of the Board of Zoning Appeals, or Council, the applicant may withdraw the application. Receipt of notice of the withdrawal of an appeal or an application for a variance or exception, at any time prior to final action by the Board of Zoning Appeals, or Council, as the case may be, shall reinstate the prior decision of any administrative officer or body and the appeal or application for a variance or exception shall be treated as though it had not been submitted, except that the applicant will not be entitled to the return of any fees, deposits or costs required in this Planning and Zoning Code.

  6. (f) After reviewing the Board of Zoning Appeals’ decision, Council may affirm, affirm and modify or reverse the decision of the Board of Zoning Appeals by a majority vote of all of its members.

  7. (g) Immediately following Council’s decision, notice of such decision shall be mailed to the applicant and all interested parties who personally appeared before Council to support affirmance or reversal of the decision of the Board of Zoning Appeals.

  8. (h) The applicant or any interested party who appeared or was represented at the Council meeting(s) where the matter was heard, and was harmed by the action of Council may appeal Council’s decision pursuant to Ohio R.C. Chapter 2506.

Section 14. Current Planning and Zoning Code Section 1111.10 the full text which follows is hereby repealed.

1111.10   ACTION BY COUNCIL.

  1. (a) When required to review a decision of the Board of Zoning Appeals, pursuant to Section 1111.06 of the Zoning Code, each case shall be considered by Council upon the record created by the Board of Zoning Appeals, and as supplemented by the evidence presented by the applicant, the Municipality or anyone else interested in the proceeding.

  2. (b) Council shall apply the laws of the Municipality to the facts of the case as those facts are contained in the record which was created by the Board of Zoning Appeals or supplemented in the proceedings before Council, where testimony shall be taken under oath and subject to issuance of subpoenas upon request, and such testimony shall be subject to cross examination whether it be presented at the Board of Zoning Appeals or Council.

  3. (c) In the event the Council does not follow the decision of the Board of Zoning Appeals, Council shall make its own decision and shall adopt Conclusions of Fact which support its decision, and which are found in the record.

  4. (d) At any time prior to a final decision of the Board of Zoning Appeals, or Council, the applicant may withdraw the application. Receipt of notice of the withdrawal of an appeal or an application for a variance or exception, at any time prior to final action by the Board of Zoning Appeals, or Council, as the case may be, shall reinstate the prior decision of any administrative officer or body and the appeal or application for a variance or exception shall be treated as though it had not been submitted, except that the applicant will not be entitled to the return of any fees, deposits or costs required in this Planning and Zoning Code.

  5. (e) After reviewing the Board of Zoning Appeals’ decision, Council may affirm, affirm and modify or reverse the decision of the Board of Zoning Appeals by a majority vote of all of its members.

  6. (f) Immediately following Council’s decision, notice of such decision shall be mailed to the applicant and all interested parties who personally appeared before Council to support affirmance or reversal of the decision of the Board of Zoning Appeals.

Section 15. As amended Planning and Zoning Code Section 1111.10 with strikeouts for deletions and underlining for additions, reads in its entirety as follows:

1111.10   ACTION BY COUNCIL.

  1. (a) When required to review a decision of the Board of Zoning Appeals, pursuant to Section 1111.06 of the Zoning Code, each case shall be considered by Council upon the record created by the Board of Zoning Appeals, and as supplemented by the evidence presented by the applicant, the Municipality or anyone else interested in the proceeding.

  2. (b) Council shall apply the laws of the Municipality to the facts of the case as those facts are contained in the record which was created by the Board of Zoning Appeals or supplemented in the proceedings before Council, where testimony shall be taken under oath and subject to issuance of subpoenas upon request, and such testimony shall be subject to cross examination whether it be presented at the Board of Zoning Appeals or Council.

  3. (c) In the event the Council does not follow the decision of the Board of Zoning Appeals, Council shall make its own decision and shall adopt Conclusions of Fact which support its decision, and which are found in the record.

  4. (d) Quorum and Vote. A majority of the members of Council shall constitute a quorum for the review of the Board of Zoning Appeals decision. In each case a motion or motions shall be made to grant the relief requested. Such motions may be made and seconded by members who are opposed to the motion. The affirmative vote of four members of Council shall be necessary for any official decision. Failure to receive four (4) affirmative votes will constitute a denial of the review pending before Council and will result in an affirmance of the prior administrative action being reviewed. Prior to voting on a motion, the movant and/or other Council members shall state findings which support their decision. Such findings shall become the basis for Conclusions of Fact by the Council. Members may state their agreement with the proffered findings and need not restate all findings supporting their decision prior to voting on the motion.

  5. (de) At any time prior to a final decision of the Board of Zoning Appeals, or Council, the applicant may withdraw the application. Receipt of notice of the withdrawal of an appeal or an application for a variance or exception, at any time prior to final action by the Board of Zoning Appeals, or Council, as the case may be, shall reinstate the prior decision of any administrative officer or body and the appeal or application for a variance or exception shall be treated as though it had not been submitted, except that the applicant will not be entitled to the return of any fees, deposits or costs required in this Planning and Zoning Code.

  6. (ef) After reviewing the Board of Zoning Appeals’ decision, Council may affirm, affirm and modify or reverse the decision of the Board of Zoning Appeals by a majority vote of all of its members.

  7. (fg) Immediately following Council’s decision, notice of such decision shall be mailed to the applicant and all interested parties who personally appeared before Council to support affirmance or reversal of the decision of the Board of Zoning Appeals.

  8. (h) The applicant or any interested party who appeared or was represented at the Council meeting(s) where the matter was heard and was harmed by the action of Council may appeal Council’s decision pursuant to Ohio R.C. Chapter 2506.

Section 16. The existing Sections 1111.01, 1111.03, 1111.06, 1111.07(a) and 1111.10, to the extent inconsistent with the newly enacted provisions herein and any other ordinance in conflict with this Ordinance are hereby repealed, except to the extent such code sections are the subject of an enforcement action they shall be considered effect for the purposes of enforcement for any violations that occur prior to repeal.

Section 17. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 18. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days in the Village Hall.

Section 19. That this Ordinance shall take effect and be in force after the earliest period allowed by law.