SECTION 6.02   PLANNING COMMISSION AND ZONING PROCEDURE.
A.   COMPOSITION AND TERM.
   The Planning Commission shall consist of one member of the Parks and Cemetery Board and four electors of the Municipality not holding other Municipal office. The Mayor, President of Council and Director of Public Service shall serve as ex officio members without the right to vote. (Amended November 6, 2007)
   The Park and Recreation Board, by majority vote, shall, each January, elect its representative to the Planning Commission for one year. The four electors, one from each of the four wards, shall be appointed by the Mayor with confirmation by Council.
   Each regular appointment of an elector to the Planning Commission shall be for a term of three years. 
(Amended November 8, 2011)
   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.
B.   POWERS AND DUTIES.
   The Planning Commission 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 rezoning of the Municipality for any lawful purpose, and such other powers as may now or hereafter be conferred upon it by ordinance of the Council or by the general laws of the State of Ohio to the extent not inconsistent with this Charter or such ordinances. All plans, recommendations and regulations made by the Planning Commission shall be submitted to the Council for approval before the same shall become effective.
   No public building or structure, street, boulevard, parkway, park, playground, public ground, river front, harbor, dock, wharf, bridge, viaduct, tunnel, or other public way, ground, works or utility, whether publicly or privately owned, or a part thereof, shall be constructed or authorized to be constructed in the Municipality, nor shall any public 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 of development of land be passed, unless and until the matter shall have been submitted to the Planning Commission for report and recommendation. Any matter so submitted to the Planning Commission shall be acted upon by it within sixty days from the date of referral unless an additional thirty days be allowed by Council. If the Planning Commission shall fail to act within the time allotted, it shall be deemed to have approved such matter. If any provision of such ordinance, resolution or order is disapproved by formal action of the Planning Commission, the adoption of such ordinance, resolution or order shall require an affirmative vote of four members of Council.
C.   PUBLIC HEARINGS BY COUNCIL.
   Council shall hold a public hearing on each resolution or ordinance enacting, amending or repealing any zoning regulations, and shall give fifteen days public notice of the time and place thereof in the manner established under Section 3.19 of this Charter.
   A written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least fifteen days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from the area which is the subject of the proposed resolution or ordinance. Such written notices shall be mailed to the addresses of such owners appearing on the current tax list of the County. The failure of delivery of such notice shall not invalidate any such ordinance, measure or regulation.
D.   ACTION BY COUNCIL ON MATTERS PROPOSED BY PLANNING COMMISSION.
   When the Planning Commission makes a recommendation to Council for a change in, or addition to, any ordinance or building code, Council shall study each such recommendation and take action within sixty days by placing on its first reading an ordinance properly covering such recommendation. Final action by Council on such ordinance shall be taken by placing said ordinance on its third and final reading no later than ninety days after its first reading.  If the Council shall fail to act within the ninety days allotted, it shall be deemed to have approved such matter. No resolution, ordinance, regulation, measure or order of Council which violates, differs from or departs from the plan or recommendation submitted by the Planning Commission, shall take effect unless enacted or approved by not less than the affirmative vote of four members of Council.