The Planning and Zoning Commission is designated by the Mayor as described in division (A) of this section. The main function of the Planning and Zoning Commission is to make recommendations to the Council concerning conditional use permits, site plans, and changes to the zoning code, as well as to act as a quasi-judicial body that shall hear variances and appeals, and decide whether or not to grant the appeal. More specific responsibilities of the Planning and Zoning Commissioners are detailed in division (C) of this section.
(A) Appointment and term length. The Commission shall be composed of seven members who reside in the incorporated area of the city and shall include the Mayor, Director of Public Services, President of the Board of Park Commissioners, and four citizens to be appointed by the Mayor.
(1) The term of all members shall be six years and their terms so arranged that the term of one member shall expire each year.
(2) Any vacancy shall be filled for the remainder of the unexpired term in the manner the original appointment was made.
(3) All members shall serve without compensation.
(B) Proceedings of Commission.
(1) The Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance.
(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 chapter, and appoint a secretary who may or may not be a member of the Commission.
(3) Commission meetings shall be held at the call of the chairperson and at such other times as the Commission may determine. 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 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. The Secretary shall record Commission action and keep minutes of its proceedings showing the vote of each member upon each question, or if absent, or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. All minutes shall be public record and immediately filed in the office of the Commission.
(5) The presence of four members shall constitute a quorum. The concurring vote of four members of said Commission shall be necessary to reverse an order of determination of the Zoning Inspector, to decide in favor of an applicant in any matter over which the Commission has original jurisdiction under this chapter, or to grant any variance from the requirements stipulated in this chapter.
(C) Duties of Commission. For the purpose of this chapter, the Commission shall have the following duties:
(1) Recommend the proposed Zoning Ordinance, including text and Zoning Map to the City Council for formal adoption.
(2) Initiate advisable Zoning Map changes or changes in the text of the Zoning Ordinance where same will promote the best interest of the public in general through recommendations to the City Council.
(3) Review all proposed amendments to the text of this chapter and the Zoning Map and make recommendations to the City Council.
(4) Review all planned development applications and make recommendations to the City Council as provided in this chapter.
(5) Review all conditional uses as identified in the respective zoning districts according to § 155.1802.
(6) Carry on a continuous review of the effectiveness and appropriateness of this chapter and recommend such changes or amendments as it feels would be appropriate.
(8) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector.
(9) Authorize such variances from the terms of this chapter as will not be contrary to the public interest where owing to the special conditions, a literal enforcement of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.
(10) In case of a use that is not specifically mentioned in this chapter, the Commission shall classify the use of a similar nature to a use that is already listed in this chapter. The use that is approved as a similar use shall subsequently be recommended by the Commission for addition to the permitted uses in the zoning districts previously described in this chapter through the amendment process.
(11) Consider and act on appeals from a decision made by the Zoning Inspector relating to the interpretation of this chapter.
(Ord. 37-02, passed 7-10-02)