ARTICLE XIII

PLANNING COMMISSION AND

ZONING PROCEDURE

SECTION 13.01. PLANNING COMMISSION - COMPOSITION AND TERM.

The Planning Commission shall consist of one (1) member of Council and four (4) electors of the Municipality not holding other municipal office nor employed by the City in any capacity except as provided below, all of whom shall serve without compensation. The Mayor shall serve as ex officio member without the right to vote. The Director of the Department of Planning and Zoning shall also serve as ex officio member without the right to vote. The Council, by majority vote, shall, each January, elect its representative to the Planning Commission for that calendar year. The four (4) electors shall be appointed by the Mayor with confirmation by Council. Each regular appointment of an elector to the Planning Commission shall be for a term of four (4) years. The four (4) electors serving as Planning Commission members shall each live in different wards of the City at the time of their appointment, and throughout their term.

The terms of the four (4) electors serving as Planning Commission members shall end on December 31st of the fourth (4th) year of their appointment, and shall be staggered so that one (1) position shall become open at the beginning of each year. No elector serving as a member of the Planning Commission shall serve more than two (2) consecutive full, four (4) year terms.

The present members of the Planning Commission shall continue to serve until the expiration of their respective terms.

A vacancy occurring during the term of any member of the Planning Commission shall be filled for the unexpired term in the manner authorized for an original appointment. (11-4-1997.)

SECTION 13.02. ORGANIZATION.

The Mayor shall establish the date, time and place for the first meeting each year at which the Planning Commission shall organize under a Chairman and Vice Chairman elected for a term of one (1) year.

The Planning Commission shall establish its own rules or procedure, except that meetings must be held at least once a month, shall be open to the public, and a record of its resolutions, findings, determinations and recommendations shall be maintained by the Clerk of the Planning Commission, who shall be the Clerk or Deputy Clerk of Council. Approval shall require a minimum of three affirmative votes for its resolutions, findings, determinations and recommendations. (5-8-2001.)

SECTION 13.03. POWERS AND DUTIES.

The Planning Commission shall have such powers and duties as are conferred upon it by the laws of Ohio concerning: the preparation of plans and maps for the future physical development and harmonious improvement of the Municipality; the plan, design, location, removal, relocation and alteration of any public building or structure and public property; the location, widening, extension and vacation of streets, alleys, public ways, parks, playgrounds, recreation areas and other public places; the approval of plats for the subdivision of lands; the regulation and restriction of the location of buildings and other structures and of premises to be used for trade, industry, residence, or other specified uses; the regulation and limitation of height of buildings and other structures to be erected or altered; regulation of the bulk and location of buildings and other structures to be erected or altered, including the percentage of lot occupancy, set back building lines, and the area of yards, courts and other open spaces; and such other powers and duties as may be conferred upon it by the laws of Ohio and by resolution or ordinance of Council.

The purpose of the Planning Commission, in addition to that set forth above and conferred upon it by the laws of Ohio, is to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare of the City. (5-8-2001.)

SECTION 13.04. MANDATORY REFERRAL TO PLANNING COMMISSION; ELECTORATE APPROVAL.

No resolution, ordinance, regulation, measure or order of Council concerning a power or duty of the Planning Commission under Section 13.03, shall become effective unless Council shall have first submitted the same to the Planning Commission for a report and recommendation.

The Planning Commission shall act upon such a referral within 60 days of the date the referral is made, unless a longer time is authorized by Council. If the Planning Commission fails to act within the time allotted, Council may act upon the matter as if it had received a recommendation of approval from the Planning Commission.

No ordinance, measure or regulation which differs from the report or recommendation made by the Planning Commission, whether such report or recommendation is in response to a referral from Council or is submitted to Council under another applicable section of the Charter or applicable provision of City ordinances, shall take effect unless passed or approved by more than two-thirds of the number of members of Council.

Any ordinance approved by Council that would amend the City’s zoning map by changing the zoning classification of one district classification, or part of one district classification to another, or that would amend the City’s Zoning Code regulations by changing any density regulations, shall be placed on the ballot at a general or special election, as determined by Council, to be voted upon by the electorate. No such ordinance shall become effective unless approved by a majority of the electorate voting on the question. (11-3-1992; 11-7-2000; 11-2-2004.)

SECTION 13.05. PUBLIC HEARINGS BY COUNCIL.

Council shall hold a public hearing on each resolution or ordinance enacting, amending, or repealing zoning, subdivision, or building regulations, and shall give 30 days public notice of the time and place thereof once in a newspaper of general circulation in the City. (5-3-2005.)