(A) Establishment; membership. The Planning Commission shall consist of five members. One shall be a member of Council, who shall be selected by Council and shall serve until the expiration of the term of Council during which he or she is selected. The second shall be the Mayor who shall serve ex-officio. The other three shall be electors of the municipality and shall be appointed by the Mayor with the approval of Council to serve as follows in this section.
(B) Terms of office; vacancies. All Planning Commission members shall be appointed to take office effective on the last day of January following the adoption of the City Charter. One shall be appointed for a term of two years, another for a term of four years and the third for a term of six years, and their successors shall be appointed for terms of six years. Vacancies shall be filled in the manner in which the original appointments were made, to serve for the unexpired terms. The Mayor shall vote as a member of the Planning Commission only to break a tie vote.
(1) The Planning Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Code.
(2) The Commission shall elect a Chairperson and Vice-Chairperson, shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Code, and appoint a secretary who may or may not be a member of the Commission. An ex-officio member of the Planning Commission shall not be eligible for election of Chairperson or Vice-Chairperson.
(3) Planning Commission meetings shall be held on regularly scheduled dates and at such other dates as the Planning Commission may determine appropriate. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
(4) The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. All minutes shall be public record and immediately filed in the office of the Zoning Enforcement Officer.
(5) The presence of three voting members shall constitute a quorum.
(D) Powers of the Planning Commission. The Planning Commission shall have the power to exercise the jurisdiction over the following matters as provided for in this Zoning Code:
(1) Initiate advisable official zoning map changes, or changes in the text of the code where same will promote the best interest of the public in general through recommendation to the City Council.
(2) Review all proposed amendments to the text of this Zoning Code and make recommendations to the City Council.
(3) Review and act on all site plan applications pursuant to the provisions of this Zoning Code.
(4) Review and act on all conditional uses as identified in the respective zoning districts according to provisions and criteria stated in this Zoning Code.
(5) Review and act on all minor and major subdivision applications pursuant to the provisions of this Zoning Code.
(6) Carry on a continuous review of the effectiveness and appropriateness of this Zoning Code and recommend such changes or amendments as it feels would be appropriate.
(7) Review and act on all other administrative procedures and requests as set forth in this Zoning Code.
(8) Review and act on all applications for design review plans subject to the jurisdiction of the design review zoning district.
(E) Public hearings and meetings procedure. Public hearings and meetings of the Planning Commission shall be public. Notice of Planning Commission public hearings of each case shall be given by publication one time in a newspaper of general circulation not less than 15 days in advance of the hearing. Concise records and minutes shall be kept as to all official acts of the Planning Commission. The Commission may recess such public hearings from time to time without making a final determination on the matter, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. Any interested person may appear at the public hearing in person or by attorney. Notice of such public hearings shall be given by first class mail to the parties making the request for the appeal and to the property owners within 300 feet of the property to which such appeal relates not less than 15 days in advance of the hearing. Such notification shall be sent to the names and addresses of such owners appearing on the Hamilton County Auditor's current tax list. If the address appearing on the tax list is that of a lending institution or other person or entity clearly recognizable as not being the owner, then written notice shall be mailed to such institution, person, or entity at the listed address and to the named owners at the street address of the property. Failure of delivery of such notice shall not invalidate action taken on such application.
(F) Appeals from the Planning Commission. The Board of Zoning Appeals shall hear and decide appeals where it is alleged that there is an error in any interpretation, judgment, determination, or decision made by the Planning Commission in the administration and/or enforcement of the provisions of this Zoning Code. The procedure pertaining to initiating administrative appeals is set forth in § 153.05. (Ord. 2025-10, passed 5-1-25)