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Causes for removal of Commission members from the Commission by the Mayor shall include malfeasance, misfeasance, nonfeasance generally, and in particular:
(a) Failure to maintain reasonable familiarity with State statutes and local ordinances and rules affecting the Commission or failure to be governed thereby;
(b) Failure to disclose conflict of interest for purposes of disqualification when a member has personal or monetary interest in the matter involved, or will be directly affected by a decision of the Commission; and,
(c) Failure to attend three consecutive regular meetings or more than one-half of the last 12 regular meetings may require a hearing by the Commission at its next regular meeting following receipt of an attendance report from the Zoning Administrator. The Commission shall determine at that hearing if the circumstances warrant removal or continuation of said member(s) in the appointment and shall transmit only a recommendation of removal to the Mayor.
Upon a recommendation of removal being made the member shall not serve further unless reappointed as a new member.
(Ord. 3095, passed 3-13-1989)
The Planning Commission shall elect its Chairman from the appointed members and fill such other of its offices as it may determine. The term of Chairman shall be determined by the Commission, which shall also adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record.
(Ord. 277, passed 2-14-1939)
Expenditures of the Planning Commission, exclusive of gifts, shall be within the amounts made available by appropriation by the City Council, which shall determine the funds necessary for the Planning Commission work. Within the amounts received, the Planning Commission may appoint, in the same manner as with corresponding civil employees of the municipality, such employees as it may deem necessary for its work. Within the amounts received, the Planning Commission may also contract with City planners, engineers, architects, and other consultants for necessary services. Insofar as possible, the necessary services shall be obtained from regular City employees and through regular City departments.
(Ord. 277, passed 2-14-1939)
The Planning Commission shall make and adopt a Master Plan for the physical development of the City including any areas outside the City limits which in the Planning Commission’s judgment bear relation to City planning. The plan, with its accompanying maps, plats, charts and descriptive matter, shall show the Planning Commission’s recommendations for the development of such territory, including among other things the general location, character and extent of streets, viaducts, subways, bridges, playgrounds and open spaces, the general location of public buildings and other public property, and the general location and extent of public utilities and transportation terminals whether publicly or privately owned or operated for utilities and transportation services and other purposes; also the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing streets, open spaces, buildings, public utilities or terminals as well as a zoning plan for the control of the height, area, bulk, location and use of land and buildings. As the work of making its plan progresses, the Planning Commission may from time to time adopt and publish a part or parts thereof, any such part to cover one or more major sections or divisions of the City or one or more of the aforesaid or other functional matters to be included in the Master Plan.
(Ord. 277, passed 2-14-1939)
In the preparation of such plan the Planning Commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the City and with due regard to its relation to the neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality and its environs which will, in accordance with present and future needs best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provisions for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, and the adequate provision of public utilities and other public requirements, consistent with the efficient expenditure of public funds.
(Ord. 277, passed 2-14-1939)
The Planning Commission may adopt a plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the plan, said parts corresponding with major geographic sections or divisions of the municipality or with functional subdivisions of the subject matter of the plan, and may adopt any amendment or extension thereof or addition thereto. Before the adoption of the plan or any such part, amendment, extension or addition the Planning Commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the City and in the official gazette, if any, of the City. The adoption of the plan or of any such part or amendment or extension or addition shall be by resolution of the Planning Commission carried by the affirmative votes of not less than six members of the Planning Commission. The resolution shall refer expressly to the maps and descriptive and other matter intended by the Planning Commission to form the whole or part of the plan, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the Chairman and the Secretary of the Planning Commission. An attested copy of the plan or part thereof shall be certified to the City Council and to the County Register of Deeds.
(Ord. 277, passed 2-14-1939)
Whenever the Planning Commission shall have adopted the Master Plan of the municipality or of one or more major sections or districts thereof no street, square, park or other public right-of-way, ground, or open space, or public building or structure, shall be constructed or authorized in the City or in such planned section and district until the location, character and extent thereof shall have been submitted to and approved by the Planning Commission; provided, that in case of disapproval the Planning Commission shall communicate its reasons to the City Council, which shall have the power to overrule the disapproval by a recorded vote of not less than two-thirds of its entire membership; provided further, that if the public street, space, building, structure or utility be one the authorization or financing of which does not fall within the province of the City Council, then the submission to the Planning Commission shall be by the board having such jurisdiction and the Planning Commission’s disapproval may be overruled by said board by a vote of not less than two-thirds of its membership. The failure of the Planning Commission to act within 60 days from and after the date of official submission to the Planning Commission shall be deemed approval; provided further, that wherever in regard to provisions herein before included or hereinafter referred to, wherein the authorization or financing of the public street, ground, space, building, structure or utility comes within the province of the City Council, the City Council shall have power to overrule the recommendation of the Planning Commission by a vote of not less than two-thirds of its entire membership.
(Ord. 277, passed 2-14-1939)
The Planning Commission shall have the power to promote public interest in and understanding of the plan and to that end may publish and distribute copies of the plan or of any report and may employ such other means of publicity and education as it may determine. Members of the Planning Commission, when duly authorized by the Planning Commission, may attend City planning conferences or meetings of City planning institutes or hearings upon pending City planning legislation; and the Planning Commission may, by resolution spread upon its minutes, pay the reasonable traveling expenses incident to such attendance. (The Planning Commission may from time to time recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof.) It shall be part of its duties to consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and with citizens, with relation to the protecting or carrying out the plan. The Planning Commission shall have the right to accept and use gifts for the exercise of its functions. All public officials shall, upon request, furnish to the Planning Commission, within a reasonable time, such available information as it may require for its work. The Planning Commission, its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments, and marks thereon. In general, the Planning Commission shall have such other powers as are reasonably necessary for and incidental to the promotion of municipal planning, in accordance with the Charter, and ordinances of the City of Flint.
(Ord. 277, passed 2-14-1939)
The Planning Commission shall succeed to all powers heretofore granted by law or ordinance to the Zoning Board of Appeal of the City of Flint, and from and after the organization of the Planning Commission all powers and records of the Zoning Board of Appeals shall be transferred to the Planning Commission. The Planning Commission in the exercise of its zoning powers shall endeavor to preserve the existing rights of owners in residential, business and industrial properties. Nothing contained in this section or in this ordinance shall be construed to restrict or abrogate the power of the City Commission to continue to enact zoning ordinances in the manner provided by law.
(Ord. 277, passed 2-14-1939)
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