(A) Generally. The Planning Commission is hereby created. The Commission shall consist of seven members to be appointed by the City Council, not more than two of whom shall be non-resident property owners of the city. The term of office of the members shall be four years, or until their successors are appointed and qualify, and two will expire in the same year. Any vacancy in the Commission shall be filled by appointment made by the City Council for the unexpired portion of the term. Members of the Commission shall qualify by taking and subscribing an oath of office to uphold the Constitutions of the United States and of the state and to faithfully and impartially perform the duties of said office to the best of his or her ability. The members of the Commission shall receive no compensation as such except as hereinafter provided. No member shall miss more than three consecutive meetings. Missing more than three consecutive meetings shall constitute nonperformance of duty. Any member of the Commission may be removed by a majority vote of the City Council, after hearing, for misconduct or nonperformance of duty (O.R.S. 227.030).
(B) Organization of the Commission.
(1) At the first regular meeting each January, the Commission shall elect a President and a Vice-President, who shall serve in that capacity for a one-year term. Any vacancy will be filled by election for the unexpired portion of the term.
(2) The Commission shall elect a secretary, who need not be a member of the Commission. The secretary shall keep an accurate record of all proceedings of the Commission and shall perform such duties as are imposed upon him or her by law, by this section, or by any other ordinance of the city, or by the Commission. The Commission shall have the power and authority to employ consulting advice on municipal problems and such clerks as may be necessary, and to pay for their services or arrange for the payment thereof, and for such other expenses as the Commission may lawfully incur, including necessary disbursements incurred by its members in the performance of their duties as members of said Commission, out of funds at the disbursal of the Commission, and authorized by the City Council.
(3) The Commission shall elect a liaison officer, who shall serve at the pleasure of the Commission. The liaison officer shall report to the City Council at a regular City Council meeting as is necessary.
(4) Four members of the Commission shall constitute a quorum. When a quorum of the Planning Commission is present, a majority of the quorum present and voting shall be sufficient to decide any issue or question brought before the Commission.
(5) The Commission shall meet at least once each month, and the regular meeting place of the Commission shall be at city hall; and the City Council shall assign an office in city hall for the transaction of the business of the Commission and the keeping of its records.
(6) The Commission may make, establish, and alter rules and regulations for its government and procedures consistent with the laws of the state and with the Charter and ordinances of the city.
(C) Annual report to City Council. The Planning Commission shall, upon request of the City Council, on July 1 of each year, make and file with the City Council a report of all transactions of the Commission for the preceding year.
(D) General powers and duties of the Commission. It shall be the duty of the Commission, and it shall have the power, except as otherwise provided by law, to recommend to make suggestions to the City Council and to all other public authorities concerning the following matters:
(1) The laying out, widening, extending, parking, and location of streets, sidewalks, and boulevards;
(2) The relief of traffic congestion;
(3) The betterment of housing and sanitation conditions;
(4) The establishment of zones or districts limiting the use of premises and use, height, area, and bulk of buildings and structures;
(5) The establishment and alteration from time to time of building setback lines on private property adjacent to any alley, street, or other public way;
(6) Planning for the regulation of future growth, development, and edification of the municipality in respect to its public and private buildings and works, streets, parks, grounds, vacant lots, and plans consistent with the future growth and development of the city in order to secure to the city and its inhabitants sanitation, proper services of all public utilities, harbor, shipping, and transportation facilities;
(7) Advertisement of industrial advantages and opportunities of the municipality and the availability of real estate within the municipality for industrial settlement;
(8) Encouraging industrial settlement within the municipality;
(9) Making economic surveys of the present and potential possibilities of the municipality with a view to ascertaining its industrial needs;
(10) Studying the needs of existing local industries with a view to strengthening and developing the same and stabilizing employment conditions;
(11) Performance of all other acts and things necessary or proper to carry out the provisions of this section; and
(12) Unless specifically prohibited by city ordinance, exercising any and all powers, and performing such duties and functions authorized by state law, the Charter of the city, this section, or any other ordinances of this city; and in general to study and propose such measures as may be advisable for the promotion of the public interest, health, safety, comfort, convenience, and welfare of said city.
(E) Referral of vacation proceedings. Upon receipt of a petition for vacation pursuant to O.R.S. 271.080 or upon adoption of a motion by the City Council to initiate vacation proceedings, the City Council shall refer the vacation petition or motion to the Planning Commission for review and recommendation to the City Council. Upon referral, a public hearing shall be conducted by the Planning Commission in the same manner as required by the City Council to consider the vacation proceeding. Notice of the hearing before the Planning Commission shall be given in the same manner as is required for notice of public hearing before the City Council. The Planning Commission shall conduct the public hearing for the vacation proceeding and shall make a recommendation to the City Council as to whether or not the vacation should be granted. In making its recommendation, the Commission shall determine whether or not the public interest shall be prejudiced by the vacation. The City Council shall conduct a public hearing, consider the Planning Commission recommendation, and act on the petition or motion pursuant to state law.
(F) Planning and zoning matters. Upon any matters initiated by the Commission on its own motion, and for the handling whereof no particular procedure is provided, the Commission may hold a hearing at its discretion, at such time and place as the Commission may select.
(G) Time in which Commission must report.
(1) Unless the Council definitely names a longer period for the return of any report required of the Commission under any provision of this section, on any matter referred to the Commission, the Commission shall return the report to the Council within 30 days after the receipt of the same in writing by the secretary.
(2) Unless the Commission shall submit a report thereon on or before the thirtieth day, the Commission will be deemed to have chosen to not act on any matters so referred at the end of 30 days, provided, that the time within which the Commission must file a report may be extended by the Council, and provided further that in connection with petitions for zone changes or reclassification of any property from one district to another, or petitions seeking the modification, elimination, or establishment of a setback line, the Commission shall have such time within which to report as may be required and necessary in order to permit the Commission to hold the hearings and to give the notices thereof as are required by this section or any other ordinances of this city.
(H) Review of building permit applications. The City Planner shall review all building permit applications, including residential, multi-family, commercial, and industrial buildings, to determine compliance of the application and the proposed development with the land use regulations of the city. The City Planner shall provide the required administrative review by the city for compliance with the city’s land use ordinances and regulations.
(1) Notwithstanding the foregoing however, at the discretion of the City Planner, the City Planner may refer any building permit applications to the Planning Commission for review of the application as to compliance with the city’s land use ordinances and regulations.
(2) Upon such referral by the City Planner to the Planning Commission, the Commission shall examine the building permit application for compliance with the standards and criteria of the land use ordinances and regulations. (The regulations, procedures and criteria for discretionary development approvals, such as, conditional use, variance, and the like, shall not be affected by this section.)
(Ord. 259, passed 6-4-2002; Ord. 267, passed 5-18-2004; Ord. 290, passed 9-20-2011)