(A) Establishment of the Planning and Zoning Commission. There is hereby created a Planning and Zoning Commission of the city, which shall promote the health, safety, order, beauty, prosperity, and general welfare of the city, and shall secure efficiency, economy, and concerted effort in its growth and development.
(B) Membership.
(1) The Planning and Zoning Commission shall consist of five members, who shall be residents of the city, representing, insofar as possible, different professions or occupations. Members shall be appointed with the approval of a majority vote of the City Council. Insofar as possible, appointment of members shall be made so as to constitute equal representation for all areas within the city. Members of the Planning and Zoning Commission shall serve without pay or compensation of any kind and shall hold no other municipal or county office, except that one member may serve on the Board of Adjustment. The Mayor and Council may appoint up to two alternate members for the Planning and Zoning Commission, who shall be non-voting members unless one or more voting members are not present for a scheduled and agendized meeting, at which time the Chair, or if not present the Vice-Chair, shall call up the number of alternate members necessary to replace the absent members for discussion, deliberation and voting on agenda items. Any applicant whose item is on an agenda for which one or more alternate members is called to sit in on a meeting may request that his or her item be continued to the next scheduled meeting of the board, committee or commission and such request shall be granted by the Chair or Vice-Chair as the case may be.
(2) Within six months of a Planning and Zoning Commission rotation vacancy, the City Clerk shall prepare and implement a recruitment campaign through posting the availability in a local newspaper for one day of two consecutive weeks, publishing notifications on all social media, digital boards, and the City Website, including flyers in utility billings, and physically posting notifications at the County Library branch, Utility Services Office, and the City Hall Exterior Bulletin Board. Each applicant shall be required to fill out a Planning and Zoning Commissioner Application (either a hard copy or on-line) and return it to the City Clerk no later than the noted deadline. The applications will be reviewed by the Commissioner Review Board, followed by candidate interviews, and the Commissioner Review Board will make recommendations for approval to Council for filling rotation vacancies.
(3) The Commission Review Board shall be made up of three Council members appointed by Council.
(C) Term of office. The term of office of members of the Planning and Zoning Commission shall be four years, providing that the appointments first made under this amended chapter shall be two for four years and three for two years, with the effective date of appointment being July 1, 2022. Alternate members shall be appointed for four-year terms. Members may be reappointed. All members shall hold office until their successors are appointed. Any member of the Planning and Zoning Commission may be removed with the consent of a majority vote of the City Council for inefficiency, neglect of duty, malfeasance in office, or other good and sufficient cause. Failure to attend three regular meetings in a fiscal year and/or three special meetings or any combination thereof resulting in the absence of three consecutive meetings in a fiscal year will be considered cause for removal. Vacancies occurring other than through the expiration of the term shall be filled for the unexpired term by the Mayor with the approval of a majority vote of the City Council.
(D) Organization. The City Council shall appoint a Chairperson from the members of the Planning and Zoning Commission and shall create and fill such other of its offices as it may determine. The Chairperson shall be eligible for reelection. The Planning and Zoning Commission shall schedule at least one regular meeting in each month at such time and place as may be fixed by the Planning and Zoning Commission. If there is no business to conduct, the meeting may be cancelled by posting the cancellation 24 hours prior to the scheduled meeting. The Zoning Administrator shall be responsible for posting the cancellation. Special meetings of the Planning and Zoning Commission may be called by the Chairperson, by any three members of the Planning and Zoning Commission, or the City Manager. A majority of the Planning and Zoning Commission shall constitute a quorum for the transaction of business. The Planning and Zoning Commission shall adopt such other rules and regulations governing its organization and procedures as it may deem necessary, which rules and regulations shall be subject to the approval of the governing body of the city and shall not be inconsistent with the ordinances of the city and the laws of Arizona. The Planning and Zoning Commission shall keep a record of its findings, and determinations, which record shall be a public record.
(E) Duties of the Planning and Zoning Commission. It shall be the duty of the Planning and Zoning Commission to:
(1) Submit and recommend to the City Council a zoning map dividing the city into districts of such number, shape, and area as may be determined best suited to carry out the purposes of this chapter and with the provisions of Arizona Revised Statutes and, within such districts, it shall recommend such regulations and restrictions concerning the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land as it shall deem to be in the best interests of the city and its inhabitants;
(2) Determine and recommend to the City Council decisions regarding the classification of parcels of land from one zoning district to another;
(3) Recommend to the City Council changes in any of the regulations of this chapter as to the use of land in any district, or as to the restrictions upon buildings or structures therein by amendment to this chapter;
(4) Review, delegate review, or recommend decisions of plats, site plans for residential developments, commercial development, and industrial development and to determine the appropriate action and requirements for each site plan of the development, as called for in this chapter;
(5) Make and recommend decisions to the City Council regarding conditional uses as provided for under this chapter;
(6) Determine and make decisions regarding temporary uses as provided under this chapter;
(7) Make and recommend to the City Council for adoption a general plan to guide the physical development of the city;
(8) Provide recommendations to the City Council concerning purchase of sites for city buildings, parks, and other city improvements, the widening, opening, vacation, or other changes to city streets or other public ways, the ornamentation of city sites, streets, grounds of premises, and other issues that may tend to promote the public health, safety, comfort, convenience, utility, and welfare in connection with the city’s General Plan; and
(9) Make recommendations to the City Council on matters regarding the interpretation, enforcement, and administration of the El Mirage Subdivision Ordinance.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Res. R22-06-15, passed 6-21-2022; Ord. O22-06-04, passed 6-21-2022; Ord. O23-01-01, passed 1-18-2023)