ARTICLE VIII
BOARDS AND COMMISSIONS

§8.01   PLANNING COMMISSION.

   (A)   There is hereby created a Planning Commission consisting of seven members. The Planning Commission's membership shall be comprised as follows:

(1)   One person appointed by a majority vote of the members of the Board of Education of the Fairfield City School District to serve at the pleasure of such Board of Education. In the event such Board of Education shall fail to appoint such member within thirty days after this Charter is effective or a vacancy in such member's office, the Mayor shall appoint a person to serve for one year after which such Board of Education shall appoint the member. The person appointed under this Division (A) (1) may be a member of the Board of Education or an officer or employee of the Fairfield City School District;

(2)   One member shall be appointed by a majority vote of the Council from among the Council's membership to serve at the pleasure of the Council, and such member of Council may be removed from membership on the Planning Commission, without cause, by a majority vote of the members of the Council;

(3)   One member shall be appointed by a majority vote of the members of the Parks and Recreation Board from among its membership to serve at the pleasure of the Board, and who may be removed from membership on the Planning Commission, without cause, by a majority vote of the members of the Parks and Recreation Board;

(4)   Four citizen members, one from each ward of the City, shall be appointed by a majority vote of the members of the Council. Each citizen member shall be an elector of the City and shall, at the time of appointment and during the term, reside within the ward he or she was appointed to represent. Citizen members shall serve for overlapping terms of four years each, except the first members appointed under this Charter shall be appointed so that two shall serve for a term of one year and two shall serve for a term of three years. Thereafter, each citizen member shall serve a term of four years.

   (B)   The Director of Development Services shall attend all meetings of the Planning Commission and may take part in all discussions of the Commission, but shall not have the right to vote on any matter before the Commission.

   (C)   The Planning Commission shall have the following powers, duties and functions:

(1)   To authorize plans and maps, and modifications thereof.

(2)   To develop and recommend a comprehensive plan, and modifications thereof, to the Council. The comprehensive plan, and modifications thereto, shall be adopted by ordinance or resolution. A concurring vote of at least two-thirds of the membership of Council shall be necessary to pass any ordinance or resolution adopting the comprehensive plan, or modifications thereto, which differs from the written recommendations of the Planning Commission, but in no event shall such ordinance or resolution be passed unless it receives at least a majority vote of the members of Council. The comprehensive plan shall consider and provide general goals and objectives for the:

(a)   Location, character and design of streets, alleys, viaducts, bridges, waterways, waterfronts, subways, boulevards, parkways, parks, playgrounds, airports and other public grounds ways, open spaces, buildings and other public property;

(b)   Location and character of public utilities (whether owned by the City or investor owned) for water, wastewater treatment, electric and gas service, transportation, communications and other purposes;

(c)   Preservation and care for historical landmarks, and the design and location of statuary and other works of art to be or which are located on the City's property;

(d)   Development, redevelopment and renewal of the City;

(e)   The use of land and the zoning thereof within the City;

(f)   Subdivision and other land development regulations of the City;

(g)   Exterior design, signs, arrangement, texture and materials for public and private buildings and structures within the City, considering the historical or architectural value and significance of the building or structure and its relationship to the characteristics and features of the surrounding area.

   The Council shall implement the comprehensive plan by the adoption of appropriate ordinances and resolutions. The Council shall keep the Planning Commission informed concerning such ordinances and resolutions, and the Planning Commission shall monitor proposed actions of the Council upon its own initiative. In the event the Planning Commission or the Chairman thereof shall determine that any such proposed ordinance or resolution appears to be in conflict with the comprehensive plan, the Chairman of the Planning Commission shall immediately notify the Council in writing that such ordinance or resolution should be referred to the Commission for its review for consistency with the comprehensive plan. Upon receipt of such notice, the President of Council shall immediately refer such ordinance or resolution to the Commission and the Council shall not take further action thereon until it has received and considered the Commission's written recommendations or until a period of thirty days after the referral of the ordinance or resolution to the Commission, whichever, occurs first. A concurring vote of at least two-thirds of the membership of Council shall be necessary to pass any such ordinance or resolution which differs from the written recommendations of the Planning Commission, but in no event shall such ordinance or resolution be passed unless it receives at least a majority vote of the members of Council. The failure of the Council to comply with this division shall not invalidate any ordinance or resolution adopted unless a civil action in an appropriate court is commenced by the Planning Commission, Director of Law or a taxpayer of the City to enjoin Council's action within fifteen days after the passage of the ordinance or resolution. In the event such a civil action shall be commenced, the effectiveness of the ordinance or resolution may be stayed by the court, and in such event, the ordinance or resolution shall not become effective until such civil action is finally resolved by the courts. In reviewing the action of the Council, the courts shall determine if the action is in substantial compliance with the comprehensive plan. If such court determination is in the affirmative, the civil action shall be dismissed. If the court's determination is in the negative, the action of the Council shall be enjoined until the Council's action is in substantial compliance with the comprehensive plan or subsequent revisions to the plan.

This section shall not give the Planning Commission any jurisdiction or control over the power of the Council to levy taxes or issue bonds, notes or certificates of indebtedness, and the validity of such tax levies and bond, note or other debt issues shall not be impaired or adversely affected by this section.

(3)   To act as the Platting Commission of the City and to carry out powers and duties relating to platting as granted to it by the ordinances and resolutions of the City and the general laws of Ohio, to the extent such laws are not in conflict with and are consistent with this Charter and the City's ordinances and resolutions;

(4)   To perform such other powers, duties and functions as provided under this Charter, the ordinances and resolutions of the City, and the laws of the State of Ohio to the extent that such laws are not in conflict with and are consistent with this Charter and the City's ordinances and resolutions.