§§ 150.15 through 150.44
(A) Establishment; membership; compensation; general powers.
(1) The Legislative Authority may establish a commission of five members, consisting of the Mayor, one member of the Legislative Authority to be elected by the Legislative Authority for the remainder of the individual’s term as such member of the Legislative Authority, and two citizens of the municipality, and one public member to be appointed by the Mayor for terms of six years each, except that the term of one of the members of the first Planning Commission shall be for four years and one for two years. All members shall serve without compensation.
(2) The public member appointed under this section need not be residents of the municipality but shall be residents of the county in which the municipality is located or a township that is adjacent to the county. For purposes of this section, all members of the Planning Commission are subject to R.C. § 2921.42.
(3) Whenever the Planning Commission is appointed under this section, it shall have all the powers conferred in R.C. § 735.15.
(4) If and when the municipality adopts a Charter, and except as otherwise may be provided in that Charter, a Planning Commission created in the manner and by virtue of authority granted by such Charter shall have the powers of, and the plans made by it shall have the effect of, a planning commission or city plan created under R.C. §§ 713.01 through 713.15.
(5) Any member of a Planning Commission established under this section or by Charter, except as otherwise provided in such Charter, may hold any other public office and may serve as a member of a county planning commission and/or a regional planning commission.
(R.C. § 713.01) (Rev. 2018)
(B) Specific powers and duties.
(1) The Planning Commission established under this section shall make plans and maps of the whole or any portion of the municipality, and of any land outside thereof, which, in the opinion of the Commission, is related to the planning of the municipality, and make changes in such plans or maps when it deems it advisable. Such maps or plans shall show the Commission’s recommendations for the general location, character and extent of streets, alleys, ways, viaducts, bridges, waterways, waterfronts, subways, boulevards, parkways, parks, playgrounds, aviation fields and other public grounds, ways and open spaces; the general location of public buildings and other public property; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power and other purposes; and the removal, relocation, widening, narrowing, vacating, abandonment, change of use of or extension of such public ways, grounds, open spaces, buildings, property, utilities or terminals. With a view to the systematic planning of the municipality, the Commission may make recommendations to public officials concerning the general location, character and extent of any such public ways, grounds, open spaces, buildings, property, utilities or terminals. As the work of making the whole plan progresses, the Commission may from time to time adopt and publish any part thereof, and such part shall cover one or more major sections or divisions of the municipality or one or more of the functional matters to be included in the plan. The Commission may from time to time amend, extend or add to the plan. This section does not confer any powers on the Commission with respect to the construction, maintenance, use or enlargement of improvements by any public utility or railroad on its own property if such utility is owned or operated by an individual, partnership, association or a corporation for profit.
(2) The Planning Commission may accept, receive and expend funds, grants and services from the federal government or its agencies, from departments, agencies and instrumentalities of the state or any adjoining state or from one or more counties of the state or any adjoining state or from any municipal corporation or political subdivision of this or any adjoining state, including county, regional and municipal planning commissions of this or any adjoining state, or from civic sources, and contract with respect thereto, either separately or jointly or cooperatively, and provide such information and reports as may be necessary to secure such financial aid.
(3) The Commission may control, preserve and care for historical landmarks; control, in the manner provided by ordinance, the design and location of statuary and other works of art, which are the property of the municipality; control the removal, relocation and alteration of any such works; and control the design of harbors, bridges, viaducts, street fixtures and other public structures and appurtenances.
(4) Whenever the Commission makes a plan of the municipality, or any portion thereof, no public building or structure, street, boulevard, parkway, park, playground, public ground, canal, 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 or a planned portion thereof unless the location, character and extent thereof is approved by the Commission. In case of disapproval, the Commission shall communicate its reasons therefor to the Legislative Authority and to the head of the department which has control of the construction of the proposed improvement or utility. The Legislative Authority, by a vote of not less than two-thirds of its members and of such department head, together may overrule such disapproval. If such public way, ground, works, building, structure or utility is one the authorization or financing of which does not, under the law or charter provisions governing it, fall within the province of the Legislative Authority or any other municipal body or official, the submission to the Commission shall be by the state, school, county, district or township official, board, commission or body having such jurisdiction, and the Commission’s disapproval may be overruled by such official, board, commission or body by a vote of not less than two-thirds of its membership. The narrowing, ornamentation, vacation or change in the use of streets and other public ways, grounds and places shall be subject to similar approval, and disapproval may be similarly overruled. The Commission may make recommendations to any public authorities or to any corporations or individuals in the municipality, or the territory contiguous thereto, concerning the location of any buildings, structures or works to be erected or constructed by them.
(R.C. § 713.02)
(C) Commission shall be Platting Commission. The Planning Commission of the municipality shall be the Platting Commission thereof, and all the powers and duties provided by R.C. §§ 735.17 through 735.26 shall, upon the appointment of a Planning Commission under this section, be transferred to it.
(R.C. § 713.03)
(D) Control of buildings. The Legislative Authority may authorize the Planning Commission to control the height, design and location of buildings.
(R.C. § 713.04)
(E) Employment of architects and engineers. The Planning Commission may control, appoint or employ such architects, engineers and other professional service, and may appoint such clerks, draftsmen and other subordinates as are necessary for the performance of its functions. The expenditures for such service and employments shall be within the amounts appropriated for such persons by the Legislative Authority, and the Legislative Authority shall provide for the expenses and accommodations necessary for the work of the Commission.
(R.C. § 713.05)
(F) Division of municipality into zones. The Planning Commission may frame and adopt a plan for dividing the municipality or any portion thereof into zones or districts, representing the recommendations of the Commission, in the interest of the public health, safety, convenience, comfort, prosperity or general welfare, for the limitation and regulation of the height, bulk and location of buildings and other structures, including percentage of lot occupancy, setback building lines, area and dimensions of yards, courts and other open spaces, and uses, of buildings and other structures and of premises in such zones or districts.
(R.C. § 713.06) (Rev. 2002)
Pursuant to §150.15 of the Municipal Code, there is hereby created the Village of Rutland Planning Commission. The Commission shall consist of the members provided for in §§150.15(A)(1) and §§150.15(A)(2) of the Municipal Code; and shall be empowered and authorized to exercise the powers and duties set forth in §150.15 and 150.1502 through 150.1510, inclusive, of the Municipal Code.
(Ord. 2025-14, 06-09-2025, eff. 07-09-2025)
(A) The Planning Commission shall, at its inaugural meeting, and at its first meeting held annually in January, immediately proceed to elect from its number a member to serve as Chairman, who shall serve until the next annual meeting of the Commission.
(B) The Chairman of the Commission shall set the agenda of the Commission and preside over all meetings of the same; receive all correspondence transmitted to the Commission and report the same to its members; make recommendations to the Commission as he may find expedient and necessary; and perform all other duties as may be prescribed by the Commission.
(C) During each regular meeting of the Village Council, and upon demand of the Mayor, the Chairman shall give a report as to the affairs of the Commission.
(Ord. 2025-14, 06-09-2025, eff. 07-09-2025)
(A) The Planning Commission may appoint a clerk, who shall serve without compensation, and who shall attend all proceedings of such Commission and keep and maintain an accurate record of the same.
(B) In the absence of a clerk, the Mayor shall fulfill the duties of the same as interim clerk. In such case, the Mayor may do so and earn his regular salary notwithstanding division (A) of this section.
(Ord. 2025-14, 06-09-2025, eff. 07-09-2025)
(A) The Planning Commission shall convene as often as it deems expedient and prudent, Provided, however, the Commission convenes at least once monthly.
(B) The Mayor, or Chairman of the Commission, may by proclamation, convene the Commission in special session. If such proclamation shall be made, it shall state the date, time and location of the special session and shall be rendered not less than twenty-four hours preceding the date and time at which such special session is to convene.
(Ord. 2025-14, 06-09-2025, eff. 07-09-2025)
(C) The Clerk of the Commission shall forthwith be notified in writing of the proclamation issued pursuant to division (B) of this section, who shall forthwith notify all members of the Commission in writing of the same.
(Ord. 2025-14, 06-09-2025, eff. 07-09-2025)
(A) If the Mayor has reason to believe a member of the Planning Commission is guilty of incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other acts of misfeasance, malfeasance, or nonfeasance in the performance of his or her official duty as member of the Commission, he may expel such member, and shall—
(1) Transmit written notice of such expulsion to the member expelled, thereupon enumerated the charges for such expulsion, and shall likewise transmit written notice of the same to the Commission.
(2) Upon receipt of the written notice transmitted pursuant to division (A)(2) of this section, the Commission shall conduct a hearing into the charges enumerated upon the written notice. The member expelled and the Mayor shall be notified in writing of the date and time of such hearing. The Village Solicitor, on behalf of the Mayor, shall prosecute the charges before the Commission during the hearing, and the member expelled may compel witnesses and cross examine the prosecution. All proceedings of such hearing shall be conducted under oath administered by the Legislative Liaison of the Commission.
(3) Upon conclusion of the hearing, the Commission may sustain the expulsion, or suspend the member for a term of ninety days.
(B) Each member of the Commission shall be entitled to one vote, rendered by voicing “yea”, “nay” or “abstain” upon each question before the Commission, and such vote being entered upon the journal.
(Ord. 2025-14, 06-09-2025, eff. 07-09-2025)
(A) The Planning Commission may, by resolution, adopt, codify and publish administrative regulations to facilitate, invoke and enforce its powers provided under §§150.15 and 150.1501 et seq of the Municipal Code.
(B) Administrative regulations adopted by the Commission shall be likewise adopted utilizing the procedure set forth under §32.041 of the Municipal Code.
(C) No person shall knowingly breach or violate any administrative regulation adopted by the Planning Commission pursuant to division (A) of this section.
(D) Whoever violates division (C) of this section shall be guilty of a misdemeanor of the fourth degree. Each day the violation continues shall constitute a separate offense. The Village Code Enforcement Officer shall be empowered and authorized to enforce this section and all administrative regulations adopted pursuant thereto.
(Ord. 2025-14, 06-09-2025, eff. 07-09-2025)
(A) Administrative regulations adopted by the Planning Commission pursuant to §150.1506 of the Municipal Code shall, upon adoption, be filed with the Village Clerk-Fiscal Officer, who shall communicate the same to the Legislative Authority during its next regular meeting.
(B) The Legislative Authority may, in its discretion and by resolution, overturn any administrative regulation adopted by the Planning Commission.
(C) The Mayor may suspend any administrative regulation adopted by the Planning Commission by proclamation declaring a state of emergency exist, if, in the opinion of the Mayor, such emergency exists, and during which the enforcement of one or more administrative regulations would impede the health, safety and comfort of the general public, or the recovery of life and property harmed during the course of the state of emergency, including immediately prior to and thereafter.
(Ord. 2025-14, 06-09-2025, eff. 07-09-2025)
In addition to those powers and duties prescribed under §150.17(B) of the Municipal Code, the Planning Commission shall have control of the location of public, municipal, or county buildings to be erected on ground acquired within the limits of the Municipality, and of the size, height, style, and general appearance of such buildings. All plans and specifications for the erection thereof shall be submitted to and approved by them before adoption by the authority engaged in such construction.
(Ord. 2025-14, 06-09-2025, eff. 07-09-2025)
(A) Regulations governing the platting of land. The Planning Commission shall provide regulations governing the platting of all lands to require all streets and alleys to be the proper width and coterminous with adjoining streets and alleys. The Commission shall cause a plat to be made of the territory which they are ordered to lay out, if so ordered by the Legislative Authority, as soon as it can be conveniently done, showing the location of the streets and alleys already dedicated, and those proposed. For the purpose of making the necessary surveys, such Commission may enter upon all property within the limits of the Municipality.
(B) Endorsements by the Commission. Whenever the Legislative Authority deems it expedient to plat any portion of the territory within the Municipality in which the necessary or convenient streets or alleys have not already been accepted by the Municipality so as to become public streets, or when any person plats any lands within three miles of the Municipality, the Planning Commission shall, if such plats are in accordance with the rules prescribed by such Commission, endorse their written approval by resolution on such plat. The Commission shall not require any person to alter a plat or any part of it as a condition for approval, as long as the plat is in accordance with the platting regulations provided for in this section in effect at the time the plat was submitted. No plat of such land is entitled to record in the office of the county recorder without such written approval so endorsed thereon.
(C) Employment of engineers and assistants. The Planning Commission may employ an engineer and such assistants as he finds necessary, and fix their salaries within limits to be prescribed by the Legislative Authority.
(D) Completion of plans – notice, hearings and copies.
(1) When a whole plan, or any portion thereof, as provided in R.C. §735.19 is completed, or when the location of any avenue, street, roadway, or alley has been finally determined by the Planning Commission, a plat of the plan, avenue, street, roadway, or alley shall be placed in the office of the Street Commissioner or Engineer for the inspection of persons interested, and notice that it is ready for inspection shall be published in a newspaper of general circulation within the Municipality, for six consecutive weeks, or as provided in R.C. §7.16.
(2) The Planning Commission, at least once each week during the six-weeks period provided under division (D)(1) of this section, at the time and place stated in the advertisement, and at such other times and places as he deems proper, shall hear any objections that are made against any portion of the plat, or the location of any avenue, street, roadway, or alley, and such alterations may be made as the Commission deems proper.
(3) At the end of the six-weeks period provided by division (D)(1) of this section, the Commission shall cause copies of the plat as finally adopted to be prepared and such monuments or marks as he thinks proper to be placed on the grounds. The Commission shall deposit one copy, certified to by him, in the office of the county recorder, and another in the office of the Street Commissioner or Engineer, and such plan shall be deemed to be the regularly adopted plan for streets and alleys in such territory.
(E) Effect of platting. No streets or alleys, except those laid out on a plan made by the Planning Commission pursuant to division (A) through (D) of this section shall subsequently be in any way accepted as public streets or alleys by the Municipality, nor shall any of the public funds be expended in the improvement or repair of streets or alleys subsequently laid out and not on such plat, but the Municipality may exercise the power of condemnation in any case in which it may condemn and appropriate property to public use, although it is not shown as a street on such plat.
(F) Acceptance by freeholders; dedication of streets. The owners of any portion of the ground platted division (A) through (D) of this section, by a declaration of their intention to do so, properly acknowledged and recorded in the county recorder's office, may at any time accept such plan so far as it concerns their property. Such acceptance, or the selling of lots referring to the plan or to the streets and alleys therein laid out, shall be a statutory dedication of the streets and alleys in the property described in the acceptance, or of the streets or alleys called for in the description of the lots so sold, so far as the grantor has a right to dedicate them.
(G) Amendments to plans. Plans made under this section may be amended after adoption, by like proceedings by which they were originally adopted.
(Ord. 2025-14, 06-09-2025, eff. 07-09-2025)
The Planning Commission shall have jurisdiction in studying, planning and implementing the development of the municipality in areas of community development, cultural development, economic development, general revitalization and historical preservation in accordance with the ordinances and resolutions of the Legislative Authority.
(Ord. 2025-14, 06-09-2025, eff. 07-09-2025)
Pursuant to §150.16 of the Municipal Code, the Planning Commission shall administer the details of the application of the regulations under R.C. §§ 713.06 through 713.12, and shall have, in accordance with general rules to be set forth in the districting ordinances and regulations, the power to hear and determine appeals from refusal of building permits by the Mayor or other municipal officers, to permit exceptions to and variations from the district regulations in the classes of cases or situations specified in the regulations, and to administer the regulations as specified therein.
(Ord. 2025-14, 06-09-2025, eff. 07-09-2025)
(A) The Legislative Authority may create an administrative board to administer the details of the application of the regulations under R.C. §§ 713.06 through 713.12, and may delegate to such board, in accordance with general rules to be set forth in the districting ordinances and regulations, the power to hear and determine appeals from refusal of building permits by building commissioners or other officers, to permit exceptions to and variations from the district regulations in the classes of cases or situations specified in the regulations, and to administer the regulations as specified therein. Such administrative powers and functions may be delegated by the Legislative Authority to the Planning Commission or to the Board of Zoning Appeals.
(B) If the county administers a county zoning resolution, the Legislative Authority and the Board of County Commissioners may contract with each other to have the county administer local zoning regulations, with its powers to include hearing and deciding zoning appeals and authorizing variances.
(R.C. § 713.11) (Rev. 2002)
Any land utilized for the cultivation of hay, or other vegetation, shall be exempt from §93.40(B)(32) of the Municipal Code.
(Former § 176.101) (Ord. No. 2022-08, passed 08-16-2022)(Ord. No. 2022-08, passed 08-16-2022)