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Mar 04 02 03:29p Diemert & Rssociates (440)442-0825 <br />? <br />oLa?ct? ?%?'r" <br />-0 <br />:1560 J.' ?,AK K? ?a <br />Vk.k,.? ?? 41112?1-,*9F,9 <br />& ?JIaGV, diemertlaw@)avl.com <br />?? ?a.?, F,.. <br />??.11.6? ?? <br />?? ? K41. <br />199-,Y- J7 <br />billbuckholtzn.nowontine.net <br />COPY VIA FACSIMILE <br />William Buckholtz <br />President of Council <br />Village of Mayfield <br />6621 Wilson Mills Road <br />Mayfield Village OH 44143 <br />Re: Special Use Permits <br />Dear Council President Buckholtz: <br />March 4, 2002 <br />p.2 <br />..?.?r.?? <br />/..?4 0, 4,2- 6W00 <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 Village, 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) states that the Planning and <br />Zoning Commission may in specific cases, and subject to such condifiions and <br />safeguards as the Commission may establish, vary fhe 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 district and <br />permit the location of a Class U-6 use in any use district, provided that such use in such <br />location will: <br />... In the judgment of the Pfanning and Zoning Commission, <br />substantially serve the public convenience and welfare and <br />wilf not substantially or permanently injure the apprapriate