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"Mar 04 02 03:29p Diemert & Associates (440)442-0825 <br />XY60 J.' 6'?W <br />r/ P.6,td, 6ko ?i11,?/?-,c 9d'9 <br />(9?lLa /c"l diemertldw(glaol.com <br />J??camccb ?il. ?Lai?r ou?2?C <br />biilbuckholtz@nowoniine.net <br />COPY VIA FACSIMILE <br />William Buckholtz <br />President of Council <br />Vilfage of Mayfield <br />6621 Wilson Mills Road <br />Mayfieid Village OH 44143 <br />Re: Special Use Permits <br />Dear Council President Buckholtz: <br />March 4, 2002 <br />p.2 <br />? ?.a-rce <br />/-%4 06S,20 <br /> <br />You requested that I review in writing for you the authorities within our Charter <br />and Codified Ordinances by which Special Use Permits are granted. I will attempt to <br />accomplish that herein. <br />Pursuant to Article lll, Section 9 of the Charter of Mayfield Vilfage, which is our <br />Constitution, afl legislative powers are granted to the Village Council. With that <br />authority, the Council of the Village of Mayfield in the early 1960's adopted Chapter <br />1149 of the Codified Ordinances. Section 1149.02(a) stafies that the Planning and <br />Zoning Commission may in specific cases, and subject to such conditions and <br />safeguards as the Commission may establish, vary the application of the use district <br />restrictions. However, same must be confirmed by Resolution of Council before <br />becoming effective. One of those exceptians is to grant in undeveloped sections of the <br />municipality, temporary and conditional permits for not more than two year periods for <br />"structures and uses" that do not conform to the regulations in the use district in which <br />they are located. Under Section 1149.02(a)(3), the Planning Commission, with approval <br />of Council, may permit the location of a Class U-5 use in a local business diskrict and <br />permit the location of a Class U-6 use in any use dis#rict, provided that such use in such <br />location will: <br />... In the judgment of the Planning and Zoning Commission, <br />substantially serve the public convenience and welfare and <br />wi11 not substantiaily or permanently injure the appropriate