Agenda - Planning Commission - 10/15/2015

Home

Zoning Bulletin August 25, 2015 1 Volume 9 1 Issue 16 and therefore application process is unlawful Citation: Willow Grove, Ltd. v. Olmsted Twp., 2015 -Ohio -2702, 2015 WL 4043300 (Ohio Ct. App. 8th Dist. Cuyahoga County 2015) OHIO (07/02/15)—This case addressed the issue of whether certain regulations and procedures required by a township's zoning resolution unconstitutionally exceeded statutory authority as they related to a proposed development. More specifically, the case addressed: (1) whether a township's zoning certificate application process violated the state statute governing township zoning; and (2) whether a township's procedure for development plan review was authorized by state statute as applied to a proposed development. The Background/Facts: Willow Grove, Ltd. ("Willow") owned property (the "Property") in Olmsted Township (the "Township"). Wil- low sought to develop the Property with residential townhouses. Under the Township's Zoning Resolution (the "Zoning Ordinance"), Willow's proposed development was a "use permitted by right as a principal use." On June 3, 2013, in furtherance of its development plans, Willow ap- plied for a zoning certificate with the Township's zoning inspector (the "Inspector"). A year later, the Township's zoning commission (the "Commission") recommended to the Township's Board of Trustees (the "Trustees") denial of Willow's zoning certificate application. The Trust- ees adopted the Commission's recommendation and denied the application. Willow filed a legal action, arguing that the Zoning Ordinance's pro- cess and procedures for the issuance of zoning certificates for a multifamily permitted use in a residential multifamily district exceeded the Township's authority and were unlawful under Ohio statutory law, R.C. Chapter 519. Willow argued that: (1) the Zoning Ordinance's requirements for zoning certificates and development plan were unlaw- ful; and (2) it was not required to obtain a zoning certificate or approval of a development plan for the Property for its proposed permitted use. The trial court agreed with Willow. It found that, under R.C. Chapter 519 and case law: (1) the Commission and Trustees lacked authority to process, approve or deny zoning certificates as the Inspector has sole authority; (2) the Commission and Trustees lacked authority to approve or deny the development plans for Willow's permitted use development because the statutory authority lies solely for review of development plans for planned unit developments. The court also found that the unlawful portions of the Township's Zoning Ordinance could be severed while the remaining provisions retained validity. The Township appealed. DECISION: Judgment of Court of Common Pleas affirmed. The Court of Appeals of Ohio, Eighth District, Cuyahoga County, © 2015 Thomson Reuters 3