ARTICLE XII
PLANNING COMMISSION
(a)   MEMBERSHIP.
   The Planning Commission shall consist of the Mayor or a person appointed by him or her to act in his or her stead as his or her deputy, one (1) member of Council to be selected by the Council for such term as it shall determine, which term shall not extend beyond his or her term as Councilperson, and  three (3) electors of the Municipality not  holding  other  Municipal  office  or  appointment. The present members of the Planning Commission other than the Mayor and Councilperson shall continue to serve until the expiration of their respective terms. Their successors shall be appointed by the Mayor for a term of three (3) years with the concurrence of a majority of the members elected to Council. No member shall be appointed for or serve more than two (2) consecutive terms. The members other than the Mayor and Councilperson shall receive such compensation as the Council by ordinance from time to time shall provide. A vacancy occurring during the term of any member of the Planning Commission shall be filled for the unexpired term in the manner authorized for an original appointment.
(11-3-87; 11-4-97)
(b)   (1)   POWERS AND DUTIES OF THE PLANNING COMMISSION.
   It shall be the function and duty of the Planning Commission to act as the Platting Commission of the Municipality and as such it shall have control of planning and shall recommend for adoption by Council regulations covering the platting of all lands within the Municipality, or, with the cooperation with other municipalities, within three (3) miles thereof, so as to secure the harmonious development and to provide for the coordination of streets with other streets and with the official master plan and to provide for open spaces for traffic, utilities, access for fire-fighting apparatus, recreation, light and air, and for the avoidance of congestion of population. The Commission shall recommend to Council 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 Commission shall make plans and maps of the whole or any portion of the Municipality and of any land outside the Municipality which, in the opinion of the Commission, bears a relation to the planning of the Municipality, and to make changes in, additions to, and estimates of such plans or maps when it deems the same advisable.  A comprehensive general plan to be known as the Master Plan shall be prepared by the Mayor or his/her designee by June 1, 2004.  Such Master Plan shall provide for the overall development of the entire City.  The Master Plan shall be reviewed by the Mayor or his/her designee every seven (7) years after first adoption and revised as necessary giving due consideration to those areas requiring redevelopment and/or urban renewals.  The Commission shall review the Master Plan, as prepared by the Mayor or his/her designee as set forth above, and all revisions made each seven (7) years thereafter, and shall refer to Council with its recommendations any revisions or amendments thereto.  No Master plan or portions thereof or amendments thereto, shall be adopted by Council until after a public hearing thereon.  The master plan shall serve as a guide to all future actions of the City concerning land use, development regulations, and official maps.  Consistent with the Master Plan, the Commission shall recommend to Council a Master Street plan together with necessary maps or plats showing the locations of all proposed improvements.  The Commission shall have such powers as may be conferred on 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 rezoning of the Municipality for any lawful purpose, and such other powers as now or may hereafter be conferred upon it by ordinance of the Council or the general laws of Ohio.
   (2)   ADOPTION OF MASTER LAND USE PLAN FOR REZONING OF THE CITY.
   Planning Commission and Council having adopted a Master Plan for the City as provided in (1) above, the Master Land Use Plan as set forth therein shall be the guide for all future rezoning of the City until otherwise amended pursuant to this Charter. Attached to Ordinance 14-78 as Exhibit A is a Zoning Map which is consistent with the guidelines of the newly adopted Master Plan Update, and which, upon adoption of this section of the Charter, shall be the new Zoning Map for the City and shall be effective and establish the current zoning for all parcels shown thereon upon the effective date of this provision, until otherwise amended pursuant to the City ordinances or this Charter. The Zoning changes made as a result of the adoption of this amendment shall not be considered as previously rezoned property as provided in Article XII, Section (g).  Subsequent changes to the Zoning Map that are subject to referendum pursuant to Article XII, Section (g) shall remain subject to submission to the voters. Notwithstanding any other provision of this Charter, approval by the electorate at a general election of a Zoning Map revision to the Zoning Map noted herein shall take precedence over and supersede any and all prior Zoning Maps of the municipality establishing separate districts for development therein.
(5-6-03; 11-2-04; 11-4-14)
(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, bridge, publicly or privately owned utility, or part thereof, shall be constructed or authorized to be constructed in the Municipality, 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 adopted, unless and until it shall have been submitted to the Planning Commission for report and recommendation. Any matter so referred to the Planning Commission shall be acted upon by it within sixty (60) days from the date of referral unless a shorter or longer time be allowed by Council. Public notice of hearing shall be given by the Planning Commission on matters submitted to it in such manner as Council may by ordinance provide. If the Planning Commission shall fail to act within the time allotted, it shall be deemed to have approved such matter. Any disapproval by formal action of the Planning Commission which requires subsequent Council review shall require a two-thirds (2/3) vote of all the members of the Council for adoption or authorization.
   If any plan, design, or other proposal concerning the character, extent, location or use of any public improvement or public property or change thereof within the territorial limits of the Municipality does not, under the law or Charter covering same, fall within the province of the Council or other official or agency of the Municipality, then the submission to the Planning Commission shall be by the State, County, District, School, Township, or other official body, board or commission having jurisdiction over such public improvement or property in accordance with the provisions of the general laws of the State of Ohio. The Planning Commission's disapproval may be overruled at any time after seven (7) days written notice by the excepting body to the Planning Commission stating the reasons for such exception. Such overruling disapproval must be adopted by at least two-thirds (2/3) of such excepting body.
(5-2-95; 11-6-01; 11-6-12)
(e)   COUNCIL POWERS AFFECTING ZONING; BOARD OF ZONING APPEALS.
   The Council may pass such zoning ordinances and regulations as it deems necessary and from time to time alter, amend and repeal the same. Until Council shall by ordinance otherwise provide, the Planning Commission shall also act as a Board of Zoning Appeals, and shall in such capacity receive such compensation as Council may from time to time by ordinance provide.
(f)   POWERS OF BOARD OF ZONING APPEALS.
   Council may create a Board of Zoning Appeals by ordinance.  Council shall specify the powers, structures, duties and authority of the Board including how the members are appointed, removed and any qualifications needed to serve.
(11-6-01)
(g)   RIGHTS RETAINED BY THE PEOPLE.
   (a)   Neither the Council, the Mayor, any Board, including the Boards of Appeals, or Commissions, appointed pursuant to this Charter, or any ordinance or resolution, whether proposed by Council or by initiative petition, or otherwise, of this Municipality, nor any other agent, employee, person or organization acting for or on behalf of this Municipality, by whatever authority or purported authority, shall by ordinance, resolution, motion, proclamation, statement, legislative or administrative action, or variance effect a change in:
      (1)   the zoning classification or district of any property or area in the City of North Royalton to allow multi family dwellings thereon;
      (2)   or grant any zoning classification or variances which would increase the density permitted on any property in any residential district;
      (3)   or grant a zoning classification or variances or conditional use which would permit commercial development consisting of establishments for retail sales commonly known as shopping developments, strip centers, or by whatever name called, consisting of ten (10) acres or more.  In computing the acreage for the purposes of this provision, the computation shall include contiguous land which is already zoned for shopping center development; unless the change or grant, after its adoption in accordance with applicable administrative or legislative procedures, is approved at a regularly scheduled general election of the Municipality, State of Ohio or County of Cuyahoga, by a majority vote of the electors voting thereon.  Any change in zoning classification for a parcel of land previously rezoned pursuant to a simple majority vote of the electors shall be re-submitted to the electors and shall require a mandatory simple majority vote as required by this subsection (g).
   (b)   This amendment shall be severable and, if any section, subsection, part, word or application thereof is held invalid for any reason, such holding shall not invalidate or affect the force and effect of any other section, subsection, part, word or application thereof.
(11-6-01)