ARTICLE VII

BOARDS AND COMMISSIONS

SECTION 1. BOARD OF ZONING AND BUILDING APPEALS.

(a)    Organization. There shall be established a Board of Zoning and Building Appeals, which shall consist of five (5) members, one of whom shall be and serve as a member of the Sheffield Lake Planning Commission. Said members shall hold no other municipal office or employment except as provided herein and shall be residents of the Municipality. All members shall be appointed by the Mayor, with the concurrence of a majority of the legislative authority and shall serve for a term of four (4) years. The members of the first board shall be appointed as follows: one for a term of one (1) year; one for a term of two (2) years; one for a term of three (3) years; two for term of four (4) years. Any vacancy existing during the term of any member shall be filled for the unexpired term in the same manner as the original appointment. All members shall serve without compensation and may be removed by two-thirds (2/3) of the membership of the legislative authority. The Building Inspector and the Director of Public Service shall be non-voting, ex- officio members of the Board of Zoning and Building Appeals, and shall not count toward the number of votes necessary to establish a quorum of the Board, nor the number of votes necessary for the Board to take any official action. The Building Inspector and Director of Public Service and shall furnish necessary technical advice as required by the Board.

(Amended 11-6-73; 11-7-78; 5-4-21.)

   (b)    Powers and Duties. The Board of Zoning and Building Appeals shall have the following duties and powers:

      (1)    To hear and decide appeals made for exceptions to, and variations in, the application of resolutions, ordinances, rules and regulations, measures or orders of administrative officials or agencies governing zoning and building in the Municipality, as may be required to avoid injustice and avoid unreasonable hardship, subject to such procedures as shall be established by Council, and subject further to such reasonable standards as shall be prescribed by Council, including, but not limited to, the existence of practical difficulties or unnecessary hardships in the strict interpretation of the aforesaid ordinances, resolutions, rules and regulations, measures and orders; provided that the granting of such exceptions or variances will be in harmony with the general purpose and intent thereof.

      (2)    To keep minutes of all its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact and also keep records of all its examinations or other official actions. Every determination, decision, order or requirement of the Board shall immediately be filed in the office of the Board and made a matter of public record. The Board shall make no determination, decision or order except in an open and public meeting, and shall grant no variance to the zoning requirements without the majority approval of all members appointed to the Board.

      (3)    To establish rules and regulations for its own procedure not inconsistent with this section.

      (4)    To formulate and submit to Municipal Council changes in and amendments to the Building Code which the Board determines as desirable.

      (5)    To do and perform such other duties and functions as may be imposed upon it by this Charter, existing ordinances and resolutions of Council.

SECTION 2. PLANNING COMMISSION.

(a)   Organization. A Municipal Planning Commission shall be established which shall consist of five (5) members, one of whom shall be and serve as a member of the Sheffield Lake Board of Zoning and Building Appeals, not holding other municipal employment, office, or appointment in the City of Sheffield Lake, except as provided herein, to be appointed by the Mayor, with the concurrence of a majority of the members of Council. All members of this Commission shall serve without compensation. The members of this present Planning Commission shall continue in office until the expiration of their present term, with the one additional member to be appointed for a six (6) year term. All appointments thereafter shall be for a term of four (4) years. Any vacancy occurring during the term of any member of the Municipal Planning Commission shall be filled for the unexpired term in the same manner as authorized in the original appointment. The Mayor, with the concurrence of two-thirds (2/3) of the membership of the legislative authority shall have the right to remove an appointed member for cause. The Building Inspector shall be an a non-voting, ex-officio member of this Commission, and shall not count toward the number of votes necessary to establish a quorum of the Commission, nor the number of votes necessary for the Commission to take any official action. (Amended 11-7-67; 11-7-78; 5-4-21.)
   (b)    Duties and Powers. The Municipal Planning Commission shall have such powers and duties as are or may be conferred upon it by the general laws of the State of Ohio, and such other powers as may be conferred upon it by ordinance or resolution of Council except as herein provided, concerning the plans, design, location, removal, relocation, widening, extension and vacation of streets, parkways, playgrounds, and other public places; and shall act as the Platting Commission of the Municipality in the approval of plats for subdivision of land and for the zoning of the Municipality or for any other lawful purpose, in order to provide for open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light and air, and for the avoidence of congestion of population. The Commission shall constantly endeavor to formulate plans for the future physical development of the Municipality.
   (c)    Mandatory Referral. No public building, street, boulevard, parkway, park, playground, harbor, dock, wharf, airport, landing strip, bridge, tunnel, or publicly or privately owned utility or part thereof shall be constructed or authorized to be constructed in the Municipality; nor shall any street, avenue, parkway, boulevard, or alley be opened for any purpose whatsoever; nor shall any 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 it 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 sixty (60) days from the date of referral unless a longer time be allowed by Council. If the Planning Commission shall fail to act within the time allotted, it shall be deemed to have approved such matter. Any provision of any proposed ordinance, resolution or order disapproved by the Planning Commission shall require an affirmative vote of two-thirds (2/3) of the membership of the legislative authority, for adoption or authorization.

SECTION 3. PARK-RECREATION BOARD.

(a)   Organization. A Park-Recreation Board shall be established and consist of five (5) members, all of which have been residents of the Municipality for at least one (1) year prior to their appointment, who shall serve without compensation. The Mayor shall appoint with concurrence of a majority of Council four (4) members of the Board. The fifth member of the Board shall be a member of Council appointed by the President of Council. All Board members appointed shall be electors of the Municipality, not holding any other Municipal employment or office. All five (5) Board members shall serve for a term of two (2) years. The Mayor, with cause, may remove members with the concurrence of a majority of the membership of the legislative authority. Any vacancy occurring during the term of any member of the Park-Recreation Board, shall be filled for the unexpired term in the same manner as authorized for the original appointment. The Mayor and Service Director shall be non-voting, ex- officio members of the Board, and shall not count toward the number of votes necessary to establish a quorum of the Board, nor the number of votes necessary for the Board to take any official action. (Amended 11-7-78; 5-4-21.)

   (b)    Duties and Powers. The Board shall make its own rules and regulations and elect its own Chairman and Secretary. The Board shall meet at least once each month and all meetings shall be open to the public. The Board shall have control and management of all parks, park entrances, gymnasiums, swimming pools and indoor recreation centers and all improvements thereon, excepting and excluding therefrom and from the control and management of the Board the City of Sheffield Lake, Ohio's Community Civic Center which Community Civic Center shall be controlled and managed pursuant to ordinances of Council, including their construction, repair and maintenance. The Board shall perform all other duties and exercise such other powers as may be conferred upon them by ordinances of Council. (Amended 11-6-84)

SECTION 4. PARK COMMISSION.

(EDITOR'S NOTE: The provisions of this section were repealed by general election on November 7, 1967. See Article VII, Section 3, Park-Recreation Board. )