(a) Membership. The Planning and Design Commission shall consist of seven (7) voting members. One (1) voting member shall be the Mayor; one (1) voting member shall be a member of Council to be appointed by the President of Council for such term as the President of Council shall determine; one (1) voting member shall be a registered architect who shall be appointed by the Mayor; one (1) voting member shall be a person who is skilled in or engaged in the business of landscape architecture who shall be appointed by the Mayor; and three (3) voting members shall be electors of the City who shall be appointed by the Mayor. None of the three (3) elector members shall be employed by the City nor shall such elector members hold any other municipal office or appointment. Subject to the provisions of Article IV, Section 6 of this Charter, compensation may be paid to the registered architect and to the person who is skilled in or engaged in the business of landscape architecture or to the alternates therefore as may be fixed by Council. The three (3) elector members of the Planning and Design Commission shall serve without compensation. The terms of the three (3) elector-members shall be for four years each, and the separate terms of the present elector-members shall terminate respectively at the conclusion of the 31st day of December of the years 1994, 1995 and 1996. The term of the registered architect shall be for a term of four years, provided that the term of the registered architect first appointed subsequent to the effective date of this section shall terminate at the conclusion of the 31st day of December, 1995. The term of the person who is skilled in or engaged in the business of landscape architecture shall be for a term of four years, provided that the term of the person skilled in landscape architecture first appointed subsequent to the effective date of the section shall terminate at the conclusion of the 31st day of December, 1995. The Mayor shall appoint an alternate registered architect and an alternate person who is skilled in or engaged in the business of landscape architecture to serve during the temporary absence or disqualification of the registered architect or person who is skilled in or engaged in the business of landscape architecture. The term of the alternate registered architect and of the person skilled in or engaged in the business of landscape architecture shall coincide with that of the regular members.
A vacancy occurring during the term of any member of the Planning and Design Commission shall be filled for the unexpired term in the manner authorized for the original appointment. The appointing authority of a member of the Planning and Design Commission as herein provided shall have the right to remove such appointed member or alternate appointed member for cause.
No member of the Planning and Design Commission shall, while acting as a member thereof, participate in the review of, or give advice upon, any development proposal or building plans or drawings prepared for or on behalf of any person other than for or on behalf of the City, of which said member or any partner or professional associate is the author, or in which said member or any partner or professional associate has any direct or indirect financial interest.
(b) Duties and Powers. The Planning and Design Commission shall be responsible for the long-range planning of the City to insure its orderly and harmonious development. It shall be the function and duty of the Planning and Design Commission to act as the platting commissioners of the City, and as such it shall have control of planning and shall provide regulations with respect to the platting of all lands within the City so as to secure their harmonious development; to provide for the coordination of streets with other streets and with the official municipal plan; to provide for open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light and air, and for the avoidance of congestion of population.
It shall make such regulations as it deems necessary as to the manner in which streets and other public ways shall be graded and improved; the manner in which and the extent to which water, sewer and other utility mains, piping or other facilities shall be installed, or establish any other conditions precedent to the approval of a proposed plat.
The Planning and Design Commission shall make plans and maps of the whole or any portion of the City and make changes in, additions to, and estimates of such plans or maps when it deems the same advisable. It shall have such powers as may be conferred upon it by ordinance of the Council concerning the plan, design, location, removal, relocation and alteration of any public building or structure or those located on public streets or property, the location, relocation, widening, extension and vacation of streets and other public places, the zoning and re-zoning of the City for any lawful purpose, and such other powers as may now or hereafter be conferred upon it by ordinance of the Council or the general laws of the State of Ohio not inconsistent with this Charter or such ordinances.
All plans, recommendations and regulations made by the Planning and Design Commission as hereinbefore described shall be submitted to Council for approval before the same shall be considered as official.
The Planning and Design Commission shall, at least every five years, review the subdivision regulations and zoning ordinances, texts, maps and recommend to the Mayor and Council such revisions and amendments as in its judgment are desirable.
The Planning and Design Commission shall have such duties and powers as Council shall provide by ordinance concerning the review and regulation of the design, construction, alteration, moving or razing of buildings in the City for the purpose of maintaining the high character of community development and protecting the real estate within the City from the impairment or destruction of value.
The Planning and Design Commission shall, in addition to such standards and criteria as may be provided by ordinance, consider and apply the following standards and criteria in its review of development proposals in the City for the purpose of maintaining the high character of community development and protecting real estate within the City from impairment or destruction of value:
(1) Materials - shall be appropriate for the use of building, for weathering, and for relationship to other materials including those used on adjacent buildings.
(2) Colors and Textures - shall be appropriate for the size and scale of the building, for weathering, and for relationship to the site and adjacent buildings.
(3) Architectural Details and Ornaments - shall be meaningful to the overall once design, and appropriate for the size and scale of the building, and for weathering.
(4) Mechanical Equipment - shall be considered as it affects rooftop appearance, sidewall openings, sound levels, smoke and other nuisance aspects. Also mechanical equipment shall be considered as it relates to overhead wires, gas and electric meter stations and any other visible appurtenances.
(5) Approaches, Drives and Parking Areas - shall be considered as they affect the appearance from the street and from the site as well. The relationship of paving to the building shall be appropriate considering factors such as safety, drainage and landscaping.
(6) Landscaping - shall be appropriate for the size and use of the area, and for its relationship to building, street, parking area, walks and adjacent buildings.
(7) Lighting - shall be considered for the appropriateness of nighttime illumination of the grounds, drives, walks, parking area, the building, and its effect upon surrounding areas.
(8) Signs - shall be considered for appropriateness of size, scale, shape, color and illumination in relation to building and site.
The Planning and Design Commission shall also have power to recommend to the Parks and Recreation Commission proposals for the use, utilization and beautification of the dedicated parks, other parks, parkways, playgrounds and any and all recreational areas owned or controlled by the City, provided only that said recommendation shall not be inconsistent with other provisions of this Charter.
The Planning and Design Commission shall have such other duties and powers as may be provided by ordinance of Council.
(c) Funds: A sufficient sum shall be appropriated by the Council each year to carry out the planning provisions of this Charter.
(d) Mandatory Referral. No public building, street, boulevard, dedicated park, other park, parkway, playground, harbor, dock, wharf, bridge, tunnel, or publicly or privately owned utility or part thereof shall be constructed or authorized to be constructed in the City nor shall any street, avenue, dedicated park, other park, parkway, playground or public recreational area, boulevard or alley be widened, narrowed, relocated, vacated, or its use changed, or any ordinances referring to zoning or other regulations controlling the use or development of land be passed, unless and until it shall have been submitted to the Planning and Design Commission for report and recommendation. Any matter so referred to the Planning and Design Commission shall be acted upon by it within sixty (60) days from the date of reference unless a longer time be allowed by Council. If the Planning and Design Commission shall fail to act within the time allotted, it shall be deemed to have approved such matter. Any provision of any ordinance, resolution, or order disapproved by formal action of the Planning and Design Commission shall require a majority plus one vote of all members elected to Council for adoption or authorization. No ordinance referring to zoning or other regulations controlling the use or development of land as provided herein shall be passed unless a minimum public notice of thirty days has been provided in a newspaper of general circulation in the city.
(Amended 11-2-93; 11-2-99; 11-3-09)