1170.03 RESPONSIBILITIES AND AUTHORITY OF THE COMMISSION.
   (a)   Creation. The Commission is created pursuant to the Revised Code.
   (b)   Membership and Operation. Members of the Commission include the Mayor, the Director of Public Service, the Park Board Chair, and four additional members appointed by the Mayor with the approval of the Council. The qualifications of members, the term of each member, filling of vacancies, compensation of members, and operation of the Commission shall be in accordance with the Revised Code, provided that each member shall have been a citizen of the City for not less than one (1) year prior to appointment to the Commission and shall serve until his or her successor is appointed and sworn in as a member. The Commission by resolution shall determine the time and place of meetings. The Commission shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations. Nothing shall prevent a member from serving simultaneously on the Commission and the Board.
   (c)   Meetings. Meetings of the Commission shall be held in accordance with an adopted schedule, or at the call of the Chair, or at such other times as the Commission may specify in its rules and procedures. The Commission shall state the grounds of each determination, and shall maintain a record of its proceedings, which shall be filed in the office of the Clerk of Council.
   (d)   Concurring Vote Required. Four members of the Commission shall constitute a quorum required to conduct any meeting. The concurring vote of a majority of those Commission members present at any meeting shall be necessary to take any action.
   (e)   Jurisdiction. The Commission shall discharge the following duties pursuant to this Ordinance:
      (i)   Formulation of Zoning Ordinance and Amendments. The Commission shall be responsible for formulation of this Ordinance, review of amendments to this Ordinance, holding hearings on this Ordinance or amendments, and reporting its findings and recommendations concerning this Ordinance or amendments to the Council.
      (ii)   Site Plan Review. The Commission shall be responsible for review of applications for site plan approval in accordance with provisions outlined in this Ordinance. As provided for in this Ordinance, the Commission shall be responsible for either making a determination to grant approval, approval subject to revisions, or denial of site plan approval.
      (iii)   Conditional Use Review. The Commission shall be responsible for holding hearings and review of all applications for conditional use approval in accordance with provisions outlined in this Ordinance, and granting approval, approval subject to revisions, or denial of approval.
         (Ord. 35-07. Passed 3-19-07.)
      (iv)   Subdivision Variances. The Commission shall have the authority to grant variances from the provisions of Chapters 1136, 1164, 1166, and 1168, based upon a showing of “unusual or exceptional factors” and meeting all of the standards set forth in Section 1180.22(j)(iv) of this Ordinance.
         (Ord. 45-09. Passed 9-8-09.)
      (v)   Planned Development Review. The Commission shall be responsible for holding hearings and review of all applications for planned developments in accordance with provisions outlined in this Ordinance. The Commission shall be responsible for making a recommendation to the Council to grant approval, approval with conditions, or denial of a planned development proposal.
      (vi)   Formulation of a Comprehensive Land Use Plan. The Commission shall be responsible for formulation, regular review, updating, as well as recommending to the Council the adoption of, a Comprehensive Land Use Plan for the physical development of the City, in accordance with the Revised Code.
         (Ord. 35-07. Passed 3-19-07.)
      (vii)   Review of Matters Referred by the Council or Administrative Official. The Commission shall be responsible for review of plats or other matters relating to land development referred to it by the Council or Administrative Official. The Commission shall recommend appropriate regulations and action on such matters.
         (Ord. 45-09. Passed 9-8-09.)
      (viii)   Report on Operation of the Zoning Ordinance. The Commission shall periodically prepare for the Council a report on the operations of this Ordinance, including recommendations as to the enactment of amendments or supplements to this Ordinance, as well as periodic review of Board decisions.
         (Ord. 35-07. Passed 3-19-07.)
      (ix)   Off-Street Parking and Loading Variances. The Commission shall have the authority to grant area variances only from the provisions of Chapter 1150, based upon a showing of “practical difficulties” and a weighing of the factors set forth in Section 1180.22 (j)(i) of this Ordinance.
         (Ord. 45-09. Passed 9-8-09.)
   (f)   Decision Final. The decision of the Commission shall be final, but shall be subject to appeal pursuant to the Revised Code, except in those instances where its decision is in the form of a recommendation to the Council.