(a) Establishment. There is hereby established a Planning and Zoning Commission. The Planning and Zoning Commission shall consist of seven members.
(b) Membership. The membership of the Planning and Zoning Commission shall consist of the Mayor or his or her designee, one Council member serving on the Service Committee, and five residents of the Municipality who shall be appointed by Council.
(c) Terms.
(1) The terms of office of the members of the Planning and Zoning Commission appointed by Council shall be for six years each.
(2) The terms of office for all nonelected persons serving on the Planning and Zoning Commission shall terminate on February 28.
(d) As Platting Commission. In accordance with Ohio R.C. 713.03, the Planning and Zoning Commission shall also be the Platting Commission and shall have all the powers and duties provided by law.
(f) Duties. It shall be the duty of the Commission to:
(1) Prepare Zoning Code amendments recommended for the Municipality;
(2) Review and make recommendations on the proposed Official Zoning District Map(s) and all proposed zoning changes and then forward the zoning or rezoning, along with the Commission's recommendations, to Council;
(3) Review development plans within the planned districts;
(4) Review unlisted uses to determine their classification as permitted, conditional, accessory or prohibited; and
(5) Review and authorize the issuance of conditional use permits to petitioners who specifically meet the requirements for such a permit listed in this Zoning Code.
(6) Review and approve requests for certificates of appropriateness for all nonresidential sites, buildings, or other structures within the City.
(7) The Commission shall review all comprehensive sign plans that do not meet the City Code and may grant the Planning Director or his/her designee the authority to administratively approve all comprehensive sign plans that do meet the City Code.
(8) Perform all other duties as may be provided by the City Charter, City Code, and City Council.
(g) Operating Procedure for Meetings.
(1) Applicants or their representatives must be present at a regularly scheduled hearing. Should this not occur, the Commission may table or dismiss the action requested. Where a dismissal would result in a hardship to others in attendance, the Commission may, by majority vote of the members present, consider the matter in question.
(2) The Commission will reconsider only substantially revised plans, matters referred by Council or matters supported by a majority of members present.
(3) The Commission has eight members, seven of whom may vote. The City Manager is a nonvoting member. Four voting members constitute a quorum. A majority vote of four must occur for approval. Less than a majority vote will defeat the matter. (See subsection (b) hereof). The Commission shall elect its own Chairperson and Vice-Chairperson from among its voting members in January of even-numbered years or as the position becomes vacant.
(4) When a hearing has concluded, the Chairperson shall move for passage: no second shall be required. The matter may be approved (yes), disapproved (no), tabled indefinitely or continued to the next meeting. Only roll call votes will be taken; "yes," "no" or "abstain" being the only acceptable responses.
(5) Each item of the agenda shall be taken in the order listed on the official printed agenda and shall be voted upon before moving to the next item, except when circumstances warrant, and specifically when a large number of persons are present to hear or participate in a particular case. In such instance, the Chair may take the item or items in question out of published order so as to conduct expediently and fairly the public's business.
(6) All speakers, excluding staff and Commission members, shall identify themselves to the Clerk by name and address and shall be sworn in prior to speaking for the record.
(7) Every meeting of the Commission shall be open to the public.
(8) The staff shall present a written report detailing the facts of the case and state the particular action or actions requested.
(9) The application or the applicant's representative may present evidence, oral testimony, affidavits, depositions, maps, drawings, photographs, narrative material and any other material relevant to the purpose of a hearing, all of which shall become part of the final record. The applicant may present witnesses and may cross-examine those opposed to applicant’s position. Commission members may ask questions at any time.
(10) Opponents or their representatives may make a similar presentation, following the applicant's presentation.
(11) Interested parties may be permitted to speak following the opponents if their statements are relevant to the outcome of the case or if the proposed action on the case may affect their property rights.
(12) The applicant shall be given an opportunity to rebut or clarify items raised by opponents or interested parties.
(13) The staff shall be asked for its opinion and comments and may ask questions of any party, as appropriate.
(14) Should testimony from any person or faction become repetitive, the Chairperson may rule that person out of order.
(15) A hearing shall be informal to the maximum possible extent. Strict rules of evidence shall not apply, and procedures may vary somewhat to ensure a fair hearing so long as all those who desire to speak or present evidence are sworn in under oath. The purpose of a hearing is to bring out sufficient evidence and information to permit the Commission to arrive at a just result. When rules of procedure become an issue, the official copy of Robert's Rules of Order shall govern.
(Ord. 2014-27. Passed 8-5-14; Ord. 2022-16. Passed 9-6-22.)