(A) There is hereby created the Planning and Zoning Commission consisting of no more than seven and no less than three voting members, appointed by the Mayor and confirmed by a majority vote of the City Council, all of whom shall have been residents of the county for the two years prior to appointment to the Commission and shall be residents of the city at the time of appointment; except that, one-third of the members may reside outside the corporate limits of the city, but within the city’s area of impact.
(B) Each member must remain a resident of the city, or in the case of the city’s area of impact, within the impact area, during the term of his or her office on the Commission.
(C) Each member shall serve for a term of five years. The terms shall be staggered in groups of three, two, and one, respectively. Vacancies occurring otherwise than through the expiration of terms shall be filled in the same manner as original appointments, but replacements shall serve only until the expiration of the original appointments; replacements shall serve only until the expiration of the original term. Members shall be selected without respect to political affiliation.
(D) Members may be removed for cause by a majority vote of the Council. Any member who misses three consecutive Commission meetings will be deemed to have resigned and shall be replaced in the manner provided by this section.
(E) The Commission shall elect a chairperson and create and fill any other offices that it may deem necessary. The Commission may establish sub-committees, advisory committees, or neighborhood groups to advise and assist in carrying out the responsibilities and duties of the Commission. The Commission may appoint non-vote ex-official advisors as may be deemed necessary.
(F) The Commission shall maintain a record of meetings, hearings, resolutions, studies, findings, permits, and actions taken. All meetings and records shall be open to the public. At least one regular meeting shall be held each month for not less than nine months in a year. A majority of voting members of the Commission shall constitute a quorum.
(G) With approval of the City Council through the legally required budgetary process, the Commission may receive and expend funds, goods, and services from the federal government or agencies and instrumentalities of state or local governments or from civic and private sources and may contract with these entities and provide information and reports as necessary to secure aid. Expenditures by the Commission shall be within the amounts appropriated by the City Council. Within such limits, the Commission is authorized to hire or contract with employees and technical advisors, including, but not limited to, planners, engineers, architects, and legal assistants.
(H) The Commission shall have the following duties:
(1) Initiate amendments to the Zoning and Subdivision Codes, the comprehensive plan, and make recommendations to the Council;
(2) Review all proposed amendments to these code of ordinances, the comprehensive plan, and make recommendations to the Council;
(3) Review subdivision proposals according to the process outlined in the Subdivision subchapter and make recommendations to the Council;
(4) Review applications for zoning changes, planned unit developments, and make recommendations to the Council;
(5) Review and grant or deny special use permits and attach such conditions as will uphold the intent of the chapter; and
(6) Review and grant or deny variance applications.
(I) The Council, in creating the Commission, shall provide that the areas and interests within its jurisdiction are broadly represented on the Commission. A member or employee of the Council or Commission shall not participate in any proceeding or action when the member or employee, or their employer, business partner, business associate, or any person related to them by affinity or consanguinity with 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.
(Ord. 56, passed 11-1-1999)