A. Purpose: This section establishes the planning authority of the Village and sets forth its duties and responsibilities with respect to this title.
B. Commission Established; Appointment And Term; Vacancy: The commission is hereby created and established, with five (5) members and one (1) alternate member, each with one (1) vote. The alternate member may attend, participate and fill in for a regular member, who is unable to attend a scheduled meeting of the commission. Commissioners are appointed by the Mayor with the advice and consent of the Council. In appointing members to the commission, the Mayor shall give due consideration to maintaining a balance of interests on the commission and to the individual qualification and skill of each member. Commissioners must reside within the Village limits. The term of each member shall be two (2) years which are staggered and renewable by Mayor's appointment with advice and consent of Council. A vacancy on the commission shall be filled for the remainder of the unexpired term by appointment by the Mayor with the advice and consent of the Council. (Ord. 2017-04, 6-13-2017)
A Commissioner may be removed by the Mayor on the recommendation of the commission if:
1. A Commissioner misses three (3) consecutive meetings; or
2. A Commissioner misses five (5) meetings through the course of a calendar year. (Ord. 2004-03, 4-20-2004)
C. Organization:
1. Officers And Rules: A Chairman and Vice Chairman shall be elected annually from the commission members at the first meeting in August. At that meeting, the commission may adopt rules and procedures for its organization and transaction of business. (Ord. 2002-02, 1-17-2002)
2. Meetings: The commission shall set a date and time for its regular monthly meetings. The commission shall maintain minutes of its proceedings. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)
3. Quorum: A quorum is a majority of commission members. A quorum must be present at any commission meeting. In order for the commission to conduct business, only members physically present at the meeting place shall be included in the quorum count. No vote may be by proxy or by any other remote means.
4. Voting; Findings Of Fact:
a. Voting: A vote of a majority of the commission members present is necessary to decide any matter under consideration. Each decision shall be recorded in the minutes of each commission meeting.
b. Findings Of Fact:
(1) Development Proposal: The commission or the Council shall not approve a development proposal unless the following have been found:
(A) All required submittals have been made by the applicant; and
(B) That the required notice has been complied with by the applicant; and
(C) That the proposal conforms to the cumulative requirements of this title and other applicable Village, State and Federal regulations; and
(D) That the proposed development provides for utilities, roads, liquid waste and solid waste disposal, water supply and all other improvements required by this title and necessary for the function of the development within its location in the Village, in accordance with the standards set forth in this title.
(2) Rezone: For any rezoning application, the commission and Council shall also consider:
(A) The need and justification for the zone change; and
(B) The effect or impact of the change or development on surrounding properties and the environment of the site, including the nature and intensity of the proposed land use(s).
D. Duties And Powers:
1. Reports And Recommendations: The commission shall make periodic reports and recommendations to the Council.
2. Master Plan:
a. The commission, with the assistance of staff, shall design and, after public hearings, recommend to the Council a master plan for the physical development of the Village ("plan"). The plan may include the extraterritorial planning and platting area outside the Village boundaries that require coordination with the planning of the Village.
b. The commission may also recommend amendments to the plan at any time, but shall present amendments to the Council at least every five (5) years.
3. Zoning Code: The commission shall recommend a zoning code to the Council for adoption. Such zoning code shall be in accord with the plan. Such plan may establish zones within the Village considering the character of each zone and the most appropriate use of land within the Village.
4. Subdivision Regulations: The commission shall recommend subdivision regulations to the Council for adoption. Such subdivision regulations shall be in accordance with the master plan.
5. Conditional Use Permits: The commission shall review and recommend action to the Council on each conditional use permit application. The granting of a conditional use permit shall not exempt the applicant from compliance with other relevant provisions of applicable ordinances.
6. Variances: A request for variance shall be filed with the Planning and Zoning Office. The commission shall review and recommend action to the Council on each variance request.
7. Special Development Permits: An application for a special development permit may be subject to Council approval, considering the commission's recommendations. (Ord. 2002-02, 1-17-2002)
8. Decisions: The commission may enter any decision within its authority and shall make recommendations to the Council, which decisions and recommendations shall be consistent with the spirit and intent of this title. Positive recommendations of approval by the commission shall be forwarded to the Council for approval. Negative recommendations of the commission shall not be forwarded to the Council unless appealed by the applicant in accordance to subsection 9-3-8B of this chapter. The Director shall notify the applicant of any recommendation within ten (10) days of the commission's decision. (Ord. 2004-03, 4-20-2004)
9. Decision Time Limit: Commission recommendations to Council shall be valid for a period of eighty (80) days from the date of official recommendation. If, after the commission sends a positive recommendation to Council and an applicant subsequently requests that a case be tabled or withheld from a timely Council agenda for consideration, then the commission recommendation shall become invalid after eighty one (81) days. (Ord. 2006-09, 8-17-2006)