151.03 MEETINGS; RULES AND REGULATIONS.
(a) The Planning and Zoning Commission shall provide for regular and special meetings, to be determined by the Commission. Special meetings may be called by the Commission, or by the Chairperson, upon at least twenty-four hours written or actual notice. The Chairperson or, in the Chairperson's absence, any two members of the Commission may either cancel or extend a regular or special meeting date upon being notified by the Clerk of the Commission that a quorum will not be present or that there are no agenda items to review.
(b) Every meeting, whether regular or special, shall conform to the following regulations:
(1) Agenda. The agenda shall be prepared by the Clerk under the direction of the Chairperson, and the Chairperson shall be responsible for the orderly business of the Commission. A decision of the Chairperson may be overruled only by a majority vote of the Commission. In the absence of the Chairperson, the Commission shall elect an Acting Chairperson.
(2) Quorum. There shall be seven members of the Commission and a quorum shall consist of four members, but a lesser number may recess, adjourn or informally work as a committee. All formal action shall be made by motion. Motions shall be made in the affirmative, wherever possible, and all motions shall be seconded before a roll call.
(3) Voting. All voting of the Commission shall be taken by roll call, the Clerk calling the names of each of the members in alphabetical order and recording the vote in the minutes of the meeting. Every motion shall require at least four yes votes to pass. All votes shall be recorded as either "yes" or "no." A member voting to abstain shall have his or her vote recorded as counting with the majority of those voting, either yes or no. If the vote of those voting results in a tie, a vote to abstain shall not be counted. A member who does not vote due to a conflict shall so state and shall leave the meeting for the purpose of such vote.
(4) Plats. All plats for the subdivision or resubdivision of land shall first be filed with the Commission and shall meet the zoning requirements of the City. The Commission shall recommend to Council, for Council's approval the location of all streets, in order to provide for the most efficient movement of vehicles and the safety of persons and property. Prior to final approval, each plat shall also be submitted to the City Engineer for his or her report and approval. After final review, each plat shall be forwarded to Council. The Commission shall approve or reject all plats submitted to it within ninety days and Council shall approve or reject all plats within sixty days, unless either body determines a necessity to extend the time for good cause. Any plat not approved within these times shall be considered rejected.
(5) Other rules. The Commission shall adopt such other rules as it requires for its orderly business, not inconsistent with this section.
(6) Rezoning. Applications for the rezoning of land must be filed in accordance with Section 1107.03 of the Planning and Zoning Code.
(7) Site plan approval. Applications for site plan approval may be made for preliminary or final approval. Preliminary approval will be granted, in the discretion of the Commission, where the applicant is unable to finalize plans. A preliminary approval is nonbinding on the City.
(8) Variances. When an applicant's plans on file with the City do not meet a requirement of the Zoning Code, the Commission shall, upon request, consider recommending or not recommending the granting of a variance to Council. A variance may be recommended if the Commission finds, from the totality of the applicable circumstances and evidence presented it, that:
A. Substantial hardship or practical difficulty prevents compliance with a zoning standard.
B. The variance, if granted, will not work an undue hardship on other properties.
C. The resulting development, with the approved variance, will not be contrary to the spirit, intent and purpose of the Zoning Code and a more harmonious and useful development will result and substantial justice will be done.
The Commission shall make its recommendation to Council and Council shall review each decision of the Commission on a case-by-case basis in order that the City will achieve the best quality development and the integrity of its Zoning Code will be preserved. Council may accept, modify or reject any recommendation of the Commission.
Since each parcel of real estate is unique and each circumstance is different, the granting of any variance shall not be considered a precedent which is necessarily applicable to any other property.
Where a variance is granted, it shall be the least variance which is found to be reasonable under all the circumstances, and the decision of Council shall be final.
(Ord. 1988-95. Passed 7-18-88.)
(9) Administrative appeals. Where specifically authorized, decisions of City officials made in the administration and enforcement of these Codified Ordinances may be appealed to the Planning and Zoning Commission by any person or persons claiming to be adversely affected by such decisions. Any such appeal shall be taken within five (5) days from the date of the administrative decision or enforcement action being appealed by filing with the Clerk of the Commission a notice of appeal. Such appeal shall be heard at the next regularly scheduled meeting of the Commission occurring not less than twenty-one (21) days after the appeal has been filed. On appeal, the Commission shall examine the facts of each case fully, shall hear all persons desiring to be heard and claiming to be affected by the decision appealed from and shall affirm, reverse or modify the decision or action of the City official in conformity with the provisions of these Codified Ordinances and the laws of the State.
(10) General procedure. An application to the Commission shall be in the following form and shall contain, at a minimum, the following information, accompanied by a minimum of fourteen (14) copies, filed at least fourteen days before the meeting:
A. A letter containing a full and complete statement, signed by a principal of the corporation, partnership or individual requesting approval, explaining the purpose of the application and other relevant information; and
B. A proposed site development plan locating the building and improvements intended to be developed. Printed on the site plan shall be a box score and other information demonstrating compliance with these Codified Ordinances and applicable State law in a form to be approved by the Building Commissioner.
C. In the event that a special meeting or work session is called at the request of the property owner or developer, then the property owner or developer shall prepay the costs to the City for the members’ compensation and any other administrative expenses at the rate of three hundred dollars ($300.00) per meeting.
(Ord. 1999-195. Passed 8-7-00.)