A. Members; Appointment: The planning and zoning commission shall consist of a total of seven (7) members, to be appointed by the mayor and confirmed by the city council.
1. Each commission seat will be for a three (3) year term, with two (2) commissioners appointed in years one and two (2) and three (3) commissioners appointed in year three (3).
2. Vacancies occurring otherwise than through the expiration of terms shall be filled in the same manner as the original appointment. Should a seat become vacant mid-term, a new commissioner will be appointed to fill the remaining term of the vacant seat.
3. No person shall serve more than two (2) full consecutive terms without specific concurrence by two-thirds (2/3) of the city council adopted by motion and recorded in the minutes.
B. Chairperson: The planning and zoning commission shall appoint one of its members as chairperson of the commission, who shall hold office as chairperson for such term as the commission shall so designate, and the commission may elect a co-chairperson, who shall act as chairperson in the absence of the chairperson of the commission. (2003 Code § 11-02-04)
C. Duties, Jurisdiction And Authority: The duties, jurisdiction and authority of the planning and zoning commission are: (2003 Code § 11-02-04)
1. To prepare and recommend a comprehensive plan for the future development of the city and review the provisions of said plan from time to time, and make a report of its findings and recommendations to the city council;
2. To receive and act upon applications for actions authorized and specified herein;
3. To hold public hearings on applications for annexation, plan changes, special exceptions, conditional uses, sign exceptions and proposed zoning reclassifications; provided that this obligation may be delegated to a hearing examiner, in the manner hereinafter prescribed;
4. Following public hearings, to approve, deny or modify conditional use applications, and to submit to the city council as required hereby, a report and recommendation on each reclassification, comprehensive plan change, special exception or annexation application;
5. To review and take action on variance applications and appeals of administrative decisions;
6. On its own initiative, to petition the city council requesting an amendment of this title or the comprehensive plan; provided, that it shall first have held public hearings thereon in the manner prescribed;
7. To initiate, from time to time, a review of the provisions of this title, and to make a report of its findings and recommendations to the city council.
D. Procedures:
1. Compensation; Meetings; Quorum: The members of the planning and zoning commission shall serve and act without compensation, except that the city council shall allow their actual and necessary expenses and the city shall provide the necessary and suitable equipment and supplies to enable the commission to properly transact and perform its business. A majority of the members of the commission shall be necessary to constitute a quorum for the transaction of business. The commission shall hold meetings each month for at least nine (9) months of the year, and at such other times as may be called by the chairperson or by the mayor.
2. Meeting Attendance: The members of the commission are expected to attend scheduled meetings. Members may be excused from attendance due to personal illness, family emergency or out of town business trips. Commission members whose attendance at scheduled meetings fall below sixty percent (60%) without cause within any given year may be removed from the commission by the mayor, with the approval of the city council. (2003 Code § 11-02-04)
3. Deadline For New Applications: The cutoff date for new applications shall be four o'clock (4:00) P.M. on the last Monday of the month before the next month's regularly scheduled meeting. (2003 Code § 11-02-04)
4. Divisions Of Commission And Conduct Of Proceedings: In addition to its existing jurisdiction and authority, and subject to all provisions of this code, the commission is authorized by its order to divide the members thereof into as many divisions (each to consist of not less than 2 members) as it may deem necessary, and that may be changed from time to time. Any division of the commission shall have authority to hear and report to the full commission any of the commission's work, business or functions prescribed by ordinance and assigned or referred to a division of the commission in the manner and in the time as required by pertinent provisions of this code.
5. Reconsideration: Reconsideration may be entertained on any action taken by the commission after a favorable vote of two-thirds (2/3) of the commission membership, provided such action is taken prior to action by the city council.
6. Conflict Of Interest Prohibited: A member of the commission shall not participate in any proceeding or action when the member or his employer, business partner, business associate, or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered.
7. Cases Heard By Hearing Examiner: In cases where a public hearing has been conducted by a hearing examiner, the proposed findings of fact and conclusions of law, as well as the proposed order, shall be filed in the building department, which shall forward it to the planning and zoning commission for a final ruling on the matter. The commission's review shall be limited to the record created by the hearing examiner and may be placed on the consent agenda unless a request to review the hearing examiner's decision is filed pursuant to the provisions of subsection 11-2-6C of this chapter. In such case, review shall be de novo. (2003 Code § 11-02-04) (2012 Code; amd. Ord. 2201, 3-2-2021)