(A) Commission established. A Planning Commission for the city is hereby established.
(B) Commission members. The Planning Commission shall consist of not less than 5 nor more than 7 members, to be appointed as follows:
(1) At the first Council meeting in each calendar year, or at such subsequent meeting as is there designated, the Council shall determine from the number of applications received whether the Planning Commission shall consist of 5 members or 7 members for the ensuing year (whenever there are a sufficient number of applicants, the 7-member Planning Commission may be allowed).
(2) Except as otherwise provided herein, members of the Planning Commission shall serve staggered, 3-year terms, commencing on the date of appointment and continuing until they are re-appointed or a successor is appointed. In the event of any vacancy, the Mayor, with the approval of the Council, shall appoint a person to complete the unexpired term.
(3) Members of the Planning Commission shall be residents of the city except and provided:
(a) Each year the Council shall designate and appoint a minimum 1 member, but not more than 2 members, of the City Council to the Planning Commission.
(b) The Council may appoint 1 non-resident to the Planning Commission if that person owns, operates, or is in a managerial position of a business conducted in the city.
(c) The Council shall appoint such other members to serve in an ex-officio capacity as the Council deems appropriate.
(d) Each member shall have an equal vote.
(e) The Council may remove a Planning Commission member if:
1. That member misses 5 or more regular and/or special scheduled meetings of the Planning Commission in a calendar year;
2. That member misses 3 consecutive regular and/or special scheduled meetings; or
3. Otherwise as permitted under the law.
(C) Organization, meetings, and the like.
(1) At the first regular meeting each year, after the appointment of the Planning Commission members, the Commission shall elect from among its members a Chairperson and Vice-Chairperson, each to serve a term of 1 year, or until his or her successor qualifies.
(2) The Council may appoint a person to serve as secretary for the Commission. If the Council fails to appoint a secretary, the Commission shall appoint a secretary. The secretary need not be a member of the Commission. If not a member, the secretary shall not have a vote.
(3) The Commission shall hold meetings at such times and places as deemed necessary or appropriate. Aside from required public hearings, if the Commission establishes a schedule of regular hearings, that schedule shall be published and a copy posted in the office of the Clerk/Treasurer. Special meetings may be called at any time by the Chairperson or in case of his or her absence by the Vice-Chairperson, or by any 3 members of the Planning Commission.
(4) A majority of the Commission shall constitute a quorum.
(5) No expenditures by the Commission, or any member thereof, shall be a valid claim against the city unless first authorized in writing by the Council.
(D) Duties and powers of the Commission.
(1) Comprehensive plan. The Commission may prepare and recommend for adoption a comprehensive plan for the physical development of the city provided that in the absence of any such plan, the land use ordinances of the city shall, taken together, constitute the plan.
(2) Land use ordinances.
(a) The Planning Commission shall review all proposed amendments to existing land use ordinances and may propose and recommend other land use ordinances. The Planning Commission shall hold all public hearings required by law for any new ordinance, amendments to existing ordinances, rezoning, conditional use permits, and interim uses. Following any such hearing, the Planning Commission shall submit its recommendations to the City Council.
(b) The City Council may accept and act upon the recommendations of the Planning Commission.
(c) If the Council finds the facts determined by and recommendation of the Planning Commission deficient or lacking, the Council shall remand the matter to the Planning Commission for additional information and/or proceedings.
(d) If the Council otherwise disagrees with the recommendations of the Planning Commission in a manner which significantly affects the decision to be made, the Council shall meet with the Planning Commission, or its designated representatives, to review the matter prior to a decision by the Council.
(3) Subdivisions and platting. The Planning Commission shall hold all public hearings required for the approval of a subdivision or plat under the city subdivision regulations and comply with the following procedure:
(a) Upon receipt of a complete application for a subdivision (all relevant information has been submitted and the subdivision regulations complied with), the Planning Commission shall hold a public hearing on the proposal as required by law. Following the public hearing, the Planning Commission shall timely provide the Council with a copy of the proposed subdivision and all findings and recommendations of the Planning Commission.
(b) If the Planning Commission recommends that the proposal be approved, or approved with conditions, the Planning Commission shall proceed with the proposal, taking into consideration any concerns related in writing by the Council.
(c) The proposed subdivision shall be preliminarily approved or disapproved within 120 days following delivery of the completed application unless an extension of the review period has been agreed to by the applicant. If the proposal is not preliminarily approved or disapproved within the stated period, the application shall be deemed preliminarily approved and upon demand, the city shall execute a certificate to that effect.
(d) Following the preliminary approval, the applicant shall submit to the Planning Commission a final plat as required under the subdivision regulations. The Planning Commission shall review the final plat to insure that it is consistent with and meets all conditions contained in the preliminary approval. If in compliance, the Planning Commission shall recommend to the Council approval of the final plat. The Council shall approve the final plat within 60 days of its submission to the Planning Commission.
(e) Conditions of approval shall be deemed to include all rights, duties, and obligations which the city may impose under the law.
(E) Board of Adjustment. There is hereby created for the city a Board of Adjustment.
(1) The City Council shall serve as the Board of Adjustment.
(2) The Board of Adjustment shall have the following powers:
(a) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of the zoning ordinance; and
(b) To hear requests for and to grant variances from the literal provisions of the zoning ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration when it is demonstrated that the actions will be in keeping with the spirit and intent of the ordinance. UNDUE HARDSHIP means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property and not created by the landowner; and the variance if granted will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use of the property otherwise exists under the terms of the ordinance. UNDUE HARDSHIP also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. A variance may not be granted for a “use” that is not permitted in the land use district where the affected property is located.
(Ord. 2011-06-07A, passed 6-7-2011)