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 04-2009

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 and Other Requirements for the Consideration of Applications for a Certificate of Appropriateness

Introduced by Mr. McHugh

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 submission and consideration of applications for certificates of appropriateness 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 151.068(C) is hereby amended by deleting the same and replacing it with the following:
    C.

     Upon receipt of a completed application for a certificate of appropriateness, which is accompanied by the material required by the provisions of division (B) hereof, the Clerk-Treasurer shall promptly transmit the application to the Planning Commission. The Planning Commission may establish rules of procedure regarding the method and timing of the acceptance and review of completed applications. All completed applications for a certificate of appropriateness shall be scheduled for hearing and heard, subject to such rules relating to the timing or completeness of submissions, not later than the second regular meeting to occur after the receipt of the completed application by the Planning Commission, 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 proposal, 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. That existing Riverlea Code Section 151.069 is hereby amended by deleting the same and replacing it with the following:
    § 151.069 NOTICE OF HEARING AND TIME FOR CONSIDERATION.
    1. 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 general nature of the proposed construction. 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 seven (7) days prior to the hearing date. Additionally, a notice containing the foregoing information shall be sent by first class mail to all property owners adjacent to the property for which the application was filed not less than ten (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 certificate.”
    2. 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 (A) 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.
    3. 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.
    4. 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.”
      c

      That existing Riverlea Code Section 151.070(C) is hereby amended by deleting the same and replacing it with the following:

      C

      “When its review is concluded, the Planning Commission will determine by a vote of its members, whether the application for a certificate of appropriateness shall be approved and shall adopt written findings of fact regarding the compliance of the application with the applicable statutory requirements. If approved by three or more of its members, the Planning Commission shall return the application and appended material to the Clerk-Treasurer, together with the written findings of fact regarding the application, with the instruction that the certificate of appropriateness be issued, provided all other requirements for a building permit, if applicable, are met. If not approved, the Planning Commission shall return the application and appended material, together with the findings of fact regarding the application, to the Clerk-Treasurer with the instruction that the certificate of appropriateness shall not be issued because the application did not meet the criteria and standards set forth herein. The Clerk-Treasurer shall promptly give to the applicant written notice of the determination of the Planning Commission and, if the application has been approved, shall issue the Certificate of Appropriateness to the applicant promptly after the expiration of the time within which an aggrieved party may appeal such action.”

      d

      That existing Riverlea Code Section 151.072 is hereby amended by deleting the same and replacing it with the following:

      Ҥ 151.072 APPEALS.
      1. Any person, firm or corporation who appeared or who attempted to appear at the hearing before the Planning Commission and who is aggrieved by any decision of the Planning Commission involving an application for architectural review, and the Mayor of the Village who believes the decision of the Planning Commission is illegal, arbitrary, capricious or violative of existing law, whether or not the Mayor appeared at such hearing, may appeal such decision to Village Council by filing notice of intent to appeal with the Clerk-Treasurer within 10 days from the date the decision, setting forth the facts of the case.
      2. At its next regularly scheduled or special meeting occurring at least five days after the filing of the notice of intent to appeal, Council may then elect to consider the appeal by the affirmative vote of a majority of its members, or failing to so elect, shall reject the application for appeal. If the Mayor of the Village is the appellant, Council shall appoint another of its members to conduct any consideration related to such appeal, and the Mayor shall not vote on any matters related thereto. In the event Council elects to consider an appeal, the hearing shall be held not later than 60 days after Council determines to hold such a hearing. Council should not consider or take into account any material or information presented by the aggrieved party that has not been previously considered by the Planning Commission. Only the appellant and any person who appeared before the Planning Commission regarding such matter shall be entitled to participate in the hearing before Council. In considering such appeal, Council shall rely solely on the record and evidence presented to the Planning Commission, and any transcript of such hearing, and shall not consider any additional evidence, material or information presented by any person, unless Council by motion determines that the appellant did not have an opportunity to present evidence to the Planning Commission or did not have the opportunity to cross-examine witnesses at that hearing.
      3. Council may affirm the decision of the Planning Commission, reverse the decision of the Planning Commission or, with the agreement of the appellant, remand the decision to the Planning Commission for further consideration; provided that Council may reverse the decision of the Planning Commission only if the Council, by a majority vote of its members, determines that the decision (1) was arbitrary or capricious, (2) was based upon an erroneous finding of a material fact, (3) constituted an abuse of discretion or (4) was based upon an erroneous interpretation of the Riverlea Zoning Code or otherwise applicable law. If Council fails to reverse the decision of the Planning Commission or to remand the decision to the Planning Commission, such appeal shall be denied. The decision shall be final, subject to the rights of any party to appeal Council’s actions pursuant to Chapter 2506, Ohio Revised Code.”

Section 2. The Statutes To Be Amended. That pursuant to the requirements of Sections 731.19, Ohio Revised Code, the existing Riverlea Code Sections 151.068(C), 151.069, 151.070(C) which are amended by Section 1 above, are hereby set forth:

  1. Riverlea Code Section 151.068(C): “Upon receipt of an application for a certificate of appropriateness, which is accompanied by the material required by the provisions of division (B) hereof, the Clerk-Treasurer shall transmit the application to the Planning Commission. The Planning Commission shall review applications for a certificate of appropriateness at a public meeting to be held within 30 days after receipt of a completed application therefor.”
  2. Riverlea Code Section 151.069:
    § 151.069 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 general nature of the proposed construction. Additionally, a notice containing the foregoing information shall be sent by first class mail to all property owners adjacent to the property for which the application was filed not less than 7 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 certificate.

  3. Riverlea Code Section 151.070(C): “When its review is concluded, the Planning Commission will determine by a vote of its members, whether the application for a certificate of appropriateness shall be approved. If approved by three or more of its members, the Planning Commission shall return the application and appended material to the Clerk-Treasurer with the instruction that the certificate of appropriateness be issued, provided all other requirements for a building permit, if applicable, are met. If not approved, the Planning Commission shall return the application and appended material to the applicant with a notice that the certificate of appropriateness shall not be issued because the application did not meet the criteria and standards set forth herein.”
  4. Riverlea Code Section 151.072:
    § 151.072 APPEALS.

    The Planning Commission shall decide all applications for architectural review not later than 30 days after the first hearing thereon.

    1. Any person, firm or corporation, or any officer, department, board or agency of the village who has been aggrieved by any decision of the Planning Commission involving an application for architectural review approval may appeal such decision to Village Council by filing notice of intent to appeal with the Clerk-Treasurer within 10 days from the date of the decision, setting forth the facts of the case.
    2. At its next regularly scheduled meeting, Council may then elect to hold a public hearing on the appeal by the affirmative vote of a majority of its members, or failing to so elect, shall reject the application for appeal. In the event Council elects to hold a public hearing on the request for appeal, the hearing shall be held not later than 60 days after Council determines to hold such a hearing. Council, by a majority vote of its members, shall decide the matter and its decision shall be final.
    3. If no notice of intent to appeal is filed with the Clerk-treasurer within the period specified in division (A) hereof, Council may at the option of a majority of its members and not later than the next regularly scheduled Village Council meeting following the expiration of the appeal period, elect to review any architectural review decision of the Planning Commission. Council shall schedule a public hearing on the matter which shall not be held more than 90 days after a final decision was rendered by the Board. At a public hearing, Council by a majority vote of its members shall decide the matter and its decision shall be final.

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