(a) Membership. The Planning Commission shall consist of one member of Council to be selected by the Council for a two year term, and four electors of the Municipality not holding other municipal office or appointment who shall be appointed by the Mayor with the advice and consent of Council. The members of the Planning Commission shall receive no compensation. Those persons appointed to the Commission by the Mayor shall be appointed for a term of six years, except that of the four appointed for the term beginning January 1, 1990, one shall be appointed for a term of two years, one for a term of four years, and two for a term of six years. 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. In addition to the five voting members of the Planning Commission, the Mayor or the Mayor's designee may participate as a non-voting member in all matters which are mandatorily referred to the Planning Commission.
(b) Powers and Duties. It shall be the function and duty of the Planning Commission to act as the platting commissioners of the Municipality, and as such it shall have control of planning and shall provide regulations covering the platting of all lands within the Municipality so as to secure harmonious development. It shall provide for the coordination of streets with other streets and with the official municipal plan, and provide for open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light and air and 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 Commission shall make plans and maps of the whole or any portion of the Municipality and any land outside of the Municipality which in the opinion of the Planning 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. It shall have such powers as may be conferred on it by ordinance of the Municipality 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, subject to approval of Council and provisions as required by zoning ordinances of the Municipality, and such other powers as now or may hereafter be conferred upon it by ordinance of the Municipality or the laws of the State of Ohio.
(c) Mandatory Referral. No public building, street, boulevard, parkway, park, public land, 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 Municipality, nor purchased, nor sold, 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, nor become binding upon the Municipality, unless and until Council shall submit the same to the Planning Commission for report and recommendation. Any matter so referred to the Planning Commission shall first be considered by the Planning Commission at a public hearing, to be held not earlier than fifteen (15) days after publication of notice thereof in a newspaper of general circulation in the Municipality, and thereafter shall be acted upon by it within sixty (60) days from the date of referral unless a longer time .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. Any provision of any ordinance, resolution, or order disapproved by formal action of the Planning Commission shall require a concurrence of five members elected to Council for adoption or authorization. When the Planning Commission shall make a recommendation to the Council for a change in, or addition to any zoning ordinance or building code, Council shall study each recommendation and take action within sixty (60) days by placing on its first reading an ordinance properly covering such recommendation. Final action by Council on such an ordinance shall be taken by placing said ordinance on its third and final reading no later than sixty (60) days after its first reading.
(Amended by voters 5-2-89; 5-4-99) (Ord. 2019-39. Passed 12-9-19.)