The Planning and Zoning Commission is hereby created which shall consist of seven (7) residents of the Municipality. Members shall be appointed by the Mayor and approved by Council for terms of four (4) years each. In the case of a vacancy, the Mayor shall appoint and Council shall approve a replacement commissioner who shall serve the balance of the vacated term. All such members shall serve without compensation. The Planning and Zoning Commission may adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Code. The Planning and Zoning Commission shall be the Planning Commission as outlined in Chapter 713 of the Ohio Revised Code.
(a) Meetings.
(1) The Planning and Zoning Commission shall hold regular meetings as determined by the Commission's Rules.
(2) An organizational meeting shall be held each January at which time the following officers shall be elected: chairperson; vice chairperson; secretary.
(3) A Special Meeting of the Planning and Zoning Commission can be called at the request of the Mayor or Commission chairperson or upon written notice by two (2) or more of its members; in all cases such request or notice shall be given at least twenty-four (24) hours prior to the meeting time.
(4) All meetings shall be public and public records shall be kept of all proceedings indicating the vote of each member on each issue, the members present and absent, and the facts of each case and other minutes of the meeting, a copy of which shall be sent to Council. Nothing in this Code shall prevent the Planning and Zoning Commission from granting a continuance of a public hearing.
(b) Procedure. Four (4) members constitute a quorum. The Planning and Zoning Commission shall act by resolution passed by the vote of a majority of the members of the Planning and Zoning Commission. The chairperson, or in his/her absence the vice-chairperson, shall administer oaths and compel the attendance of witnesses. The Planning and Zoning Commission's secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. The secretary shall keep records of the Planning and Zoning Commission's examinations and other official actions, all of which are to be filed in the Municipal Building and are public record. All meetings shall be open to the public.
(c) Duties. The duties of the Planning and Zoning Commission are as follows:
(1) To hear and decide appeals where it is alleged there is in error in any order, requirement, decision, or determination made by the Planning and Zoning Administrator.
(2) To initiate amendments to the provisions of this Zoning Code and official Zoning Map and forward a recommendation to Council.
(3) To review all proposed amendments of this Zoning Code and Zoning Map, as per Chapter 1143, and to forward recommendations to Council.
(4) To review all proposed Preliminary development plans, as per Chapter 1173, and to forward recommendations to Council.
(5) To review and act upon applications for variances from the requirements of this Zoning Code, as per Chapter 1147.
(6) To review and act upon applications for conditional use permits, as per Chapter 1145 and all other pertinent sections of this Zoning Code.
(9) To review and act upon reconstruction and substitution of nonconforming uses.
(10) To act on major subdivisions, per the Subdivision Regulations of Canal Winchester.
(11) To make plans which show the Planning and Zoning Commission's recommendations for the character of both public and private streets, bridges, parks, open spaces, waterways, and utilities.
(12) To make plans which show the Planning and Zoning Commission's recommendations on the location and extension of streets, bridges, parks, open spaces, waterways, and utilities.
(13) To work with the Landmarks Commission and to make plans and recommendations for the control and care of historic structures and grounds not located in areas subject to the Landmarks Ordinance.
(14) To assist in the design of public works such as bridges, street fixtures, public art, and visible utilities.
(15) To work in cooperation with the Street Tree Advisory Board and to make plans and recommendations for the control, installation, and care of trees and other vegetation.
(16) To administer and make recommendations for the application of the Comprehensive Community Plan, and other municipal planning documents adopted by Council.
(17) To hear and decide appeals of the decision of the Chief Building Official in regards to the Residential Building Code.
(18) Other duties as may be directed by Council.
(d) Matters of Interpretation. It is the intent of this Zoning Code that all questions of interpretation and enforcement shall be first presented to the Planning and Zoning Administrator, and that such questions shall be presented to the Planning and Zoning Commission on appeal from the decision of the Planning and Zoning Administrator.
(Ord. 17-12. Passed 5-7-12.)