(a) Organization.
(1) The Planning Commission shall consist of five (5) regular members and two (2) alternate members who shall be electors of the Municipality and who shall be appointed by the Mayor with the approval of a majority of Council. Disapproval of an appointee by Council shall be accompanied by a public statement of the reasons for disapproval.
No Commission member shall hold any other Municipal office or appointment in this Municipality.
Alternate members of the Planning Commission shall be in addition to the regular members and may substitute for regular members who are unable to attend a meeting or hearing of the Commission. Alternate members shall only be entitled to vote when they substitute for regular members who are unable to attend a meeting or hearing of the Commission. Alternate members shall be the two (2) most recently appointed of the members.
Council shall appoint one of its members as an ex officio member to attend all meetings. He shall have no vote in the deliberations of the Planning Commission, but shall apprise Council of the activities of the Commission.
(2) The Commission shall elect its Chairman from among its appointed members.
(3) The term of each member of the Commission shall be four (4) years except that of three (3) members first appointed who shall be appointed for two (2) years; the remaining two (2) members shall be appointed for four (4) years. Thereafter all succeeding appointments shall be for four (4) years.
(4) Any vacancy occurring during the unexpired term of any member shall be filled as originally provided for the remainder of the term.
(5) No Commission member may participate in any deliberation or vote upon any matter involving property or issues which directly affect the personal or business interest of the member, or for which the member will be in a position to realize personal aggrandizement or financial gain. Each member shall sign a non-conflict of interest affidavit prepared by the Director of Law in accordance with the laws of the State of Ohio. This affidavit shall be executed at the time the member takes office.
(Approved Nov. 8, 1978)
(6) The Mayor may at any time remove any Commission member for inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office, incapacity or incompetency, provided however, that such removal shall not become final without the concurrence of at least two-thirds (2/3) of the members of Council.
(Approved Nov. 3, 1998; Nov. 7, 2006)
(b) Qualifications.
(1) Members of the Planning Commission shall be electors whose education or experience provides the level of personal competence necessary for the development of a Master Plan for the physical development of the Municipality and zoning plans to control land use, and for such other duties as this Charter may provide.
(2) No member of the Planning Commission shall hold a real estate license or a real estate broker’s license or be a land developer or the agent of a land developer.
(c) Duties and Requirements. Subject to the approval of Council, the Planning Commission shall:
(1) Make, amend, extend and add to the Master Plan for the physical development of the Municipality;
(2) Exercise control over platting or subdividing land within the Municipality and recommend acceptance or rejection of all projects properly presented to it pursuant to procedures established by Council;
(3) Draft for the Council an official map of the Municipality and recommend or disapprove proposed changes in such map;
(4) Make or adopt a zoning plan and recommend or disapprove proposed changes to such plan. However, the Council may from time to time amend, repeal or adopt any or all the provisions of the zoning ordinance, but no amendment, repeal or adoption shall be passed until the Council shall have held a public hearing thereon and shall have given at least fourteen (14) day notice of the time and place thereof in a newspaper of general circulation in the Municipality, notice shall also posted on the City website providing the time and place of the public hearing at least 14 days prior to the public hearing. During said fourteen-day period, the test or a copy of the text of such amendment, repeal or adoption, together with the maps or plans or copies thereof, fonning part of, or referred to in, said ordinance, measure or regulation, shall be on file with the Clerk of Council for public examination, and a copy of the text of such amendment, repeal or adoption shall be placed or posted in a conspicuous place in the Municipal Building.
(Approved Nov. 8, 2022)
(5) Submit annually to the Mayor and Council, not less than ninety (90) days prior to the beginning of the budget year, a list of recommended changes or capital improvements which, in the opinion of the Commission, are necessary or desirable to be constructed during the forthcoming two-year period. Such a list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year.
(6) Make and adopt plans for the clearing and rebuilding of blighted areas within the Municipality;
(7) Promote public interest in and understanding of the Master Plan and of planning and zoning;
(8) Hold regular meetings open to the public at least once each month in the Council Chamber of the Municipality. Special meetings shall be held at the call of the Chairman when deemed necessary, subject to such provisions as provided by the rules of the Commission.
(9) Keep a public record of its resolutions, findings and determinations.
(Approved Nov. 8, 1994)
(d) Powers. The powers of the Commission are as follows:
(1) Request information and require the same to be furnished within a reasonable length of time from the other departments of the Municipal government in relation to its work;
(2) Within its budget appropriation and with the approval of Council, contract with appropriate consultants for such services as it may require;
(3) Request assistance from the Mayor, who may, at his discretion, assign to the Commission members of the staff of any administrative department or direct such department to make special studies requested by the Commission;
(4) In the performance of its functions, enter any land and make examinations and surveys and place and maintain necessary monuments and marks thereon;
(5) Make and adopt a plan for the replanning, reconstruction or redevelopment of any area or district within the Municipality which may have been destroyed, in whole or part, or seriously damaged by fire, earthquake, flood or any other disaster; and
(6) Have all other powers granted by the Constitution of Ohio and the laws of the State of Ohio, provided the same are not inconsistent with the Charter or ordinances of the City of Broadview Heights, Ohio.
(Approved Nov. 8, 1994)
(e) Referral to Planning Commission.
(1) Any ordinance referring to zoning or platting or other regulations controlling the use or development of lands shall not be passed, or become effective or binding upon the Municipality, unless and until Council shall have first submitted the same to the Planning Commission for report and recommendation. Any matter so referred shall be acted upon by the Commission within sixty (60) days from the date of referral unless a longer time is allowed by Council; however, in no event shall the time allotted exceed sixty (60) additional days.
(2) If the Planning Commission shall fail to act within the time allotted, Council may act thereon as if it had received a recommendation of approval in such matter. In such a case, Council shall hold a public hearing prior to enacting the proposed ordinance.
(3) Any provision of any ordinance, resolution or order disapproved by formal action of the Planning Commission shall require a concurrence of at least two-thirds (2/3) members of Council for adoption or authorization.
(4) When the Planning Commission shall make a recommendation to the Council for a change in or addition to any zoning ordinance or building code, Council shall study each recommendation and, unless otherwise agreed to by the applicant, take final action within ninety (90) days.
(Approved Nov. 3, 1998)
(f) Funds. A sufficient sum shall be appropriated by the Council each year to carry out the planning and zoning provisions of this Charter.
(Approved Nov. 7, 1972; Nov. 6, 2007)