SECTION 3.    PLANNING AND ZONING COMMISSION.
   A.    Organization:
   The Planning and Zoning Commission shall consist of the City Manager as ex-officio member without voting power, and five electors appointed by the Mayor and approved by City Council to serve without compensation for non-concurrent terms of five years.
   The five (5) original members shall be appointed as follows: one (1) for a one (1) year term; one (1) for a two (2) year term; one (1) for a three (3) year term; one (1) for a four (4) year term; and one (1) for a five (5) year term. Thereafter, all members shall serve for a full term.
   A vacancy shall be filled in the same manner as the original appointment.
   B.    Qualifications:
   All appointees shall be familiar with building and construction outlays, either by direct work experience or by educational background. Appointees shall hold no other elected or appointed office within the City nor have any other dealing with the City that may be conflicting and not in the best interests of the City.
   C.    Powers and Duties:
   The Planning and Zoning Commission shall conduct studies and surveys, prepare plans, reports, and maps relative to the overall planning of the growth, development, redevelopment, rehabilitation and renewal of the City, and make such recommendations relative thereto to the Council as it feels are in the best interest of the City.
   Other powers and duties of this Commission shall include those established by this Charter and by the City Council by ordinance, but until such ordinance shall be passed, it shall possess such other powers and duties as are provided by the General Laws of Ohio to the extent that such general laws do not conflict with the provisions of this Charter.
   D.    Referral:
   All ordinances and resolutions of Council, or acts or orders of any administrative official which affect the development of a plan of the Planning Commission shall be 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 different period of time be provided by Council. If the Planning Commission shall fail to act within the time allotted, it shall be deemed to have approved such matter. Any resolution, ordinance or order disapproved by formal action of the Planning Commission shall require an affirmative vote of five (5) members of Council for adoption or authorization.
   E.    Public Notice:
   Upon submission of a duly completed zone change request application, the Planning Commission shall hold a public hearing by giving at least thirty (30) days notice of the time and place, thereof, in a newspaper of general circulation.
   If the request for rezoning involves ten (10) or fewer parcels of property as listed on the tax duplicate, the Clerk of Council shall give written notice of the public hearing by certified mail, return receipt requested, to the owners of property within a radius of two hundred fifty (250) feet measured from the approximate center of such parcel or parcels individually requested to be rezoned. Multiple owners of properties which fall in the appropriate distance for receipt of proper notification shall receive only one notice if residing at the same address. In any event, contiguous property owners and those owners whose properties are directly across the street from such parcel or parcels, must be notified of the public hearing. Such notices are to be mailed to such owners and addresses appearing on the County Treasurer's tax rolls, and to such other list or lists that may be specified by City Council.
   During such thirty (30) days, the application for the requested zone change or copy thereof, together with maps or plans or copies thereof, forming part of, or referring to in such application and the maps, plans, and reports submitted by the Planning Commission shall be on file for public examination in the office of the Clerk of Council, or in such other office as is designated by the Council.
   No ordinance, measure, or regulation which violates, differs from or departs from the plan or report submitted by the Commission shall take effect unless passed or approved by not less than five (5) affirmative votes of the membership of Council.
   No ordinance, measure, or regulation which is in accordance with the recommendation, plan, or report submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least the majority of the members of City Council.
(Amended 11-3-87.)