(A) Establishment of Board. There shall be a Planning Commission consisting of five (5) members as follows: The Mayor and four (4) residents and qualified electors of the City, who shall be appointed by the Mayor, subject to approval by Council: one (1) for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, and one (1) for a term of four (4) years. Each year thereafter, the Mayor shall appoint one (1) person, as successor of the member whose term expires, to serve a term of four (4) years, subject to approval by Council. Any vacancy shall be filled for the unexpired term. The Mayor, at any time, may remove any member from office for misconduct, neglect of duty, malfeasance in office, or other cause, subject to approval by Council. Council, by ordinance or resolution, may increase the number of members of the Planning Commission and provide for the method of appointment thereto.
(B) General Power. The Planning Commission, who shall also serve as the Platting Commission, shall have those powers and perform those duties as provided by the laws of Ohio, except as otherwise provided by this Charter or, where not so otherwise provided by this Charter, then, as Council may provide otherwise by ordinance or resolution.
(C) Commission. The Planning Commission shall hold hearings when required, and be recommendational to Council as it relates to its duties as a Planning and Platting Commission, unless otherwise provided by ordinance or resolution of Council.
(D) Duties. The Planning Commission shall:
(1) Recommend for adoption, general rules, standards and specifications for construction of improvements shown in subdivision plats within the City, including any amendments thereto;
(2) Recommend for adoption, general rules and regulations governing plats and subdivisions of land within the City;
(3) Recommend zone classifications and zoning code regulations, including any amendments thereto;
(4) Recommend for adoption a master and/or thoroughfare plan for the City, including any amendments thereto;
(5) Recommend the approval or disapproval of any preliminary or final plat within the City;
(6) Recommend the approval or disapproval related to the construction or authorization for construction of those things contained in Ohio Revised Code 713.02 or any similar provision under the laws of Ohio;
(7) Recommend the vacation of any street and/or alley within the City;
(8) Recommend the approval or disapproval of a special or conditional use permit, with or without special conditions; and,
(9) Recommend the granting of variances within the authority of the Planning Commission.
(E) Action by Council Upon Recommendation. Notwithstanding the laws of Ohio, recommendations of the Planning Commission shall be immediately forwarded to Council by the Planning Commission for review at the next regularly scheduled Council meeting or at a special meeting called for such purpose. Those recommendations for those things contained in paragraph (D), items (5), (6), (8), and (9) of this Section shall stand as approved or disapproved by Council, as recommended by the Planning Commission, without further action of Council, unless Council rejects or modifies such recommendation by motion of Council, with two-thirds (2/3) vote of the current members of Council concurring thereto, within thirty (30) days of the Planning Commission meeting where the recommendation was made for approval or disapproval; except that in the case of a preliminary or final plat, then such rejection or modification shall be within a shorter period of time as may be required by law for plat approval.
(F) Council Authority. The Council may accept, reject or modify any other Planning Commission recommendation by approved motion having a majority vote of those current Council members, except that any ordinance or resolution to amend the zoning code that differs from a recommendation of the Planning Commission shall not pass without a three-fourths (3/4) vote of the current members of Council concurring thereto. No such ordinance seeking to amend the provisions of a zoning code which is in accordance with the report and recommendation submitted by the Planning Commission shall be deemed to pass or take effect without an affirmative vote of at least a majority of the current Council members.
(G) Public Improvement Acceptance. Acceptance of public improvements shall be by ordinance or resolution of Council regardless of the recommendation process as herein provided, unless otherwise permitted to be accepted by other means under the laws of Ohio.
(H) Legislative Authority over Planning. Nothing in this Section shall be construed as to limit Council's inherent legislative power as it relates to planning and zoning.