(A) The Planning Commission/Board of Adjustment shall be the Board appointed by the City Council as provided in M.S. § 462.354, as it may be amended from time to time.
(B) Duties of the Planning Commission/Board of Adjustment under this chapter including the following.
(1) Hearings. To hold hearings after proper public notices in the official newspaper and individual notice by regular mail or for any purpose for which a conditional use permit, subdivision, variance, or rezoning is required by this chapter.
(2) Decisions making. To decide within the allowable time the following:
(a) Recommendation to the City Council regarding requested zoning district boundary changes or amendments to this chapter. Such recommendations shall be made within 60 days of the initial application;
(b) To decide within a reasonable time requests for variance, with findings to explain the basis for the decision;
(c) To decide within a reasonable time appeals from the action of the Zoning Administrator and/or Building Official wherein the Board will take the authority of the Administrator and/or Building Official;
(d) To review and approve or deny proposed preliminary plats or proposed preliminary condominium plats and to provide recommendations on final plats and final condominium plats to the City Council;
(e) To review and approve or deny all metes and bounds property divisions within the city;
(f) To review and approve or deny requests for conditional/interim use permits, and explain the basis for the decision in findings;
(g) To periodically review the zoning map and ordinances and determine their role in shaping the growth of the community and to recommend changes to the City Council of these documents to guide growth and current land use toward the goals of the comprehensive plan; and
(h) To review the comprehensive plan, when appropriate.
(3) Membership.
(a) The Planning Commission/Board of Adjustment shall consist of five voting members and one alternate member, for a total of six members. The alternate member is to be compensated for and expected to regularly attend Planning Commission/Board of Adjustment meetings. The alternate member may only vote where a regular member is absent or is abstaining from voting.
(b) At least five members of the Planning Commission/Board of Adjustment shall be residents and eligible voters of the city. Up to one member of the Planning Commission/Board of Adjustment may be a non-resident owner of businesses and/or real property located in the city.
(c) Members of the Planning Commission/Board of Adjustment shall not be members of the City Council.
(4) Appointments/terms.
(a) Appointment of the Planning Commission/Board of Adjustment members shall be made by the City Council and such appointment shall become effective at the first meeting of the Planning Commission/Board of Adjustment in February.
(b) Each member of the Planning Commission/Board of Adjustment shall be appointed for a term of two years.
(c) Up to three members shall be subject to appointment each year.
(d) Vacancies shall be filled through appointment by the City Council for only the duration of the unexpired term.
(e) It shall be the duty of each individual member to be present at all meetings of the Planning Commission/Board of Adjustment. More than three absences in any one-year period shall be grounds for replacement by the City Council.
(5) Officers/duties.
(a) Officers of the Planning Commission/Board of Adjustment shall be a Chairperson, Vice-Chairperson, and other officers as needed.
(b) Officers shall be elected by the Planning Commission/Board of Adjustment at the first regular meeting held in February.
(c) In the event of a resignation of an officer, the Planning Commission/Board of Adjustment shall fill the vacancy.
(d) The Chairperson shall preside at all meetings.
(e) The Vice-Chairperson shall assume the responsibilities of the Chairperson when he or she is unable to serve.
(Ord. 2017-02, passed - -; Ord. 2019-02, passed 3-11-2019; Ord. 2022-01, passed 4-11-2022; Ord. 2022-04, passed 5-23-2022)