(a)   The Planning Commission is established by Charter Section 10.02.

   (b)   The Planning Commission shall consist of seven members appointed by the Mayor with the approval of a majority of the members of Council. In addition to the seven voting members of the Commission, the Mayor and one member of Council chosen by the President of Council shall participate as nonvoting members.

   (c)   The terms and qualifications of each member of the Planning Commission shall be in accordance with Section 10.02 of the City Charter.

   (d)   The Planning Commission shall elect, from among its members, a Chairperson and a Vice-Chairperson. The Planning Commission shall elect a Secretary.

   (e)   The Planning Commission shall adopt such rules and regulations, not inconsistent with this Zoning Code or the Charter of the City, as may be necessary to carry into effect the powers, duties and responsibilities set forth in this chapter.

   (f)   Four members shall constitute a meeting quorum for action by the Planning Commission.

(Ord. 2022-24. Passed 5-24-22.)

   The Commission shall have such powers and duties as are conferred by the Charter of the City, by ordinance of Council or by the general laws of the State and shall include the following:

   (a)   Interpret the provisions of this Zoning Code in such a way as to carry out the intent and purpose of the Middleburg Heights Comprehensive Master Plan.

   (b)   Hear, initiate, review, and make recommendations related to amendments to this Zoning Code text as set forth in Chapter 1123.

   (c)   Hear, initiate, review, and make recommendations related to amendments to the zoning map as set forth in Chapter 1123.

   (d)   Review and make decisions on applications for Development Plans as set forth in Chapter 1147.

   (e)   Review and make decisions on major subdivision preliminary plats and final plats.

   (f)   Review and make decisions on applications for conditional use permits as set forth in Chapter 1143.

   (g)   Review and make a decision on applications for administrative waivers when referred by the Building Commissioner.

   (h)   Review and make decisions on applications for certain building permits as set forth in Section 1125.05.

   (i)   Consider and decide any questions related to the interpretation of the Zoning Code text or the zoning map and zoning district boundaries in such a way as to carry out the intent and purpose of the Comprehensive Master Plan and this Zoning Code.

   (j)   Perform all other duties as provided by this Zoning Code, the municipal Charter or other ordinances of the City.

(Ord. 2022-24. Passed 5-24-22.)

   The Planning Commission shall establish a reasonable schedule of fees for all matters, other than for zoning matters, upon which the Commission is required to act pursuant to private application, and such fee as is set forth in the fee schedule shall accompany the application. All fees shall be deposited to the credit of the General Fund of the City.

(Ord. 2022-24. Passed 5-24-22.)

   (EDITOR’S NOTE: Section 1125.04 was repealed by Ordinance 2024-88, passed February 25, 2025.)

   (a)   As set forth in this Zoning Code, public hearings are required for certain types of applications before the Planning Commission. If an application does not require a public hearing, the application may be considered by Planning Commission as a regular agenda item at a public meeting. All public hearings required before the Planning Commission shall conform to the procedural requirements as provided below.

   (b)   The following types of applications require a public hearing before the Planning Commission:

      (1)   Conditional use request subject to the public hearing procedure set forth in Section 1143.02.

      (2)   Planned mixed-use development application subject to the public hearing procedure set forth in Section 1123.03(f).

      (3)   A small wind conversion energy system application request subject to the public hearing procedure set forth in Section 1123.03(f).

      (4)   Any other application requiring a Planning Commission public hearing as set forth in this Zoning Code shall follow the procedure in Section 1123.03(f).

(Ord. 2022-24. Passed 5-24-22.)