(a) Membership. The Planning and Design Commission shall consist of seven (7) voting members. One (1) member shall be a member of Council or an elector appointed by Council; one (1) member shall be a registered architect who shall be appointed by the Mayor; one (1) 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 four (4) members shall be electors of the City, not holding other municipal office, appointed by the Mayor. Members appointed by the Mayor are subject to the approval of a majority of the members of Council. The terms of the registered architect and the person who is skilled in or engaged in the business of landscape architecture shall be for five years each. The terms of the four (4) appointed electors, and the fifth if Council elects to appoint an elector, shall be for five years each. A vacancy occurring during the term of any member of the Commission shall be filled for the unexpired term in the manner authorized for the original appointment. The Mayor shall have the right to remove any appointed member for cause with the approval of two-thirds (2/3) of the members of the Council.
Effective December 31, 2005, the terms of all current members of the Planning Commission shall terminate, and the Mayor shall proceed to appoint, effective January 1, 2006, six (6) members to the Planning and Design Commission holding the qualifications as set forth above to five year terms, except that electors so first appointed by the Mayor to the new Planning and Design Commission shall be appointed - one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years; and the registered architect and person skilled in or engaged in the business of landscape architecture shall be appointed for a term of five years. Likewise, effective January 1, 2006, if Council determines to appoint an elector to the Commission, that initial appointment shall be for a five year term. Upon the expiration of said term of office of a member of the Commission, their successor shall be appointed for a term of five years.
(b) Duties and Powers. The Planning and Design Commission shall have the power and duty to hear applications for land use, zoning classifications or districts and, as merited, to submit written recommendations for legislative action; to review and recommend legislation, rules and regulations on all matters of municipal planning, land use, and zoning classification; and to review and recommend to Council ordinances creating areas, zones and districts of permitted and excluded uses, including rules, regulations, restriction and limitations governing all development and redevelopment, both public and private, as will promote the general welfare of the City and its inhabitants. It shall have control over platting and subdividing of lands and the improvement or development thereof, subject to approval of Council.
The Commission shall make plans and maps of the whole or any portion of the City and of any land outside the City which, in the opinion of the Commission, bears a relation to the planning 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, parkways, playgrounds 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. All plans, recommendations and regulations made by the Planning Commission shall be submitted to Council for approval before the same shall be considered as official.
The Planning and Design Commission shall adhere to and follow the Master Plan prepared by the Planning Commission and approved by the City Council in 2005. Thereafter, every ten years commencing on May 1, 2015, the Commission shall formally review and thereafter revise said Master Plan as necessary. The Master Plan shall provide for the overall development of the entire City, and shall serve as a guide to all future actions of the City concerning land use, development regulations, and official maps. Following such reviews, new or revised Master Plans shall be submitted by the Planning and Design Commission to Council for Council’s approval or revision. Council shall, by a majority vote of its members eligible to vote, either approve and adopt the plan as submitted, or approve it with revisions recommended and voted for by a majority of its members eligible to vote. After the Master Plan has been approved by Council, the Planning and Design Commission shall, in performing the duties imposed upon it and exercising the power granted to it by this Charter, the ordinances of this City, and the general laws of the State of Ohio, adhere to the Master Plan and act consistent with its approval land use recommendations to the fullest extent permitted by law.
(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, parkway, park, 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, parkway, boulevard or alley be opened for any purpose whatsoever, nor shall any street, avenue, parkway, boulevard or alley be widened, narrowed, relocated, vacated, or its use changed, or any ordinance 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 presented to the Planning and Design Commission shall be approved or disapproved by it within thirty (30) days from the date of the meeting of the Commission, at which such matter was presented, 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 two-thirds (2/3s) vote of all members of Council eligible to vote for adoption or authorization.
(e) Mandatory Referral to Electors. Upon a legislative request for zoning or rezoning of land to Multiple Residence (Apartment) use or upon the filing with the City of an application for zoning or rezoning of land to Multiple Residence (Apartment) use with all documentation required by City ordinances for the review and establishment of such district, the legislation providing for the zoning or rezoning shall be introduced before the Council. Legislation, application and accompanying documentation shall be referred to the Planning and Design Commission for review of the proposed development in accordance with the provisions of the Planning and Zoning Code adopted by the Council for the establishment of a Multiple Residence (Apartment) district. The Planning and Design Commission shall prepare and submit its report and recommendation to the Council. After receipt of such report and recommendation, the Council shall submit the legislation to the electors at the next election or at a special election established by the Council, provided that the applicant agrees to assume the payment of all costs of the election and notices to the public thereof as required by Council, and secures such payments in a manner satisfactory to the Director of Finance. The Council shall certify such legislation to the Board of Elections within the time period required by law for the submission of the issue at the election. The Council shall provide by ordinance for reasonable notice to be given the electors of the issues to be considered at the election and the date, time and location of the election. No such legislation shall become effective unless approved by a majority of the votes cast on the issue and the results of that election have been certified by the Board of Elections.
(Amended 11-3-15.)