(A) General. This section addresses the duties and responsibilities of the City Plan Commission, hereafter referred to as "the Commission", and other officers and agencies, with respect to the administration of this chapter.
(B) Establishment of the Commission. The City Plan Commission is hereby established under the Municipal Planning Act, Act No. 285 of the Public Acts of 1931, being M.C.L.A. §§ 125.31 to 125.45. The Commission shall consist of the Mayor of the city, and one member of the Common Council to be selected by the Common Council as members ex officio, and seven other persons who shall be appointed by the Mayor as provided in this chapter. All ex officio members, appointed under this chapter, shall have full voting rights.
(C) Terms of office.
(1) Appointment. The terms of the ex officio members shall correspond to their respective official tenures, except that the term of the administrative official selected by the Mayor shall terminate with the term of the Mayor. All Commissioners who are members of the Plan Commission established by Ordinance No. 194 upon the effective date of this chapter shall serve until their term expires. The appointing authority shall not make an appointment or reappointment until the term of the appointed member has expired. The term of each appointed member shall be three years or until his or her successor takes office. The terms of office of each appointed member shall thereafter expire on January 1 in the year of expiration.
(2) Removal from office. Upon written charges and after a public hearing, the Mayor may remove a member, other than the member selected by the Common Council, for inefficiency, neglect of duty, or malfeasance in office. The Common Council may for like cause remove the member selected by the Common Council upon written charges and after a public hearing.
(3) Vacancies. A vacancy on the Commission occurring otherwise than through the expiration of term shall be filled within 30 days for the unexpired term by the Mayor in the case of a member selected or appointed by the Mayor, and by the Common Council in the case of the member appointed by the Common Council.
(D) Membership requirements. An appointed member shall be a resident of the city for not less than 30 days before his or her appointment and shall maintain residency during his or her term; if an appointed member discontinues his or her residency within the city, the Mayor shall declare the position vacant and shall appoint another qualified person within thirty days. An appointed member shall not hold another municipal office except that one appointed member may be a member of the Zoning Board of Appeals or a member of a joint fire administrative board.
(E) Compensation. An appointed member of the Commission may be compensated at a rate to be determined by the Common Council during its adoption of the annual budget and may be reimbursed for pre-approved expenses related to performing his or her duties.
(F) Powers and duties of the Commission.
(1) Meetings. All meetings of the Commission shall be conducted under the Open Meetings Act, Act No. 267 of the Public Acts of 1976, being M.C.L.A. §§ 15.261 to 15.275. The Commission shall meet annually in the first quarter of the calendar year for the purpose of electing officers and adopting rules for transaction of business. The Chairman may call special meetings. The Mayor shall be empowered to set the date and time of the annual meeting.
(2) Quorum and votes required. The Commission shall not conduct business unless a majority of its members are present. Unless otherwise provided in this chapter, the concurring vote of a majority of its voting members shall be required to pass on any decision, approval, or determination that the Commission may make under this chapter. Any three members of the Commission shall have the power at any meeting to schedule a public hearing.
(3) Records to be public. The City Clerk shall keep a record of the Commission's resolutions, transactions, findings, and determinations, which record shall be a public record subject to the Freedom of Information Act, Act No. 442 of the Public Acts of 1976, being M.C.L.A. §§ 15.231 to 15.246.
(4) Chairman. The Commission shall elect its Chairman from amongst the appointed members and create and fill such other offices as the Commission may determine. The term of the Chairman shall be one year, with eligibility for reelection.
(5) Annual report. By January 31 of each year, the Commission shall make an annual report of the activities of the Commission of the previous calendar year and forward recommendations to the Common Council.
(6) Comprehensive plan, subdivision of land, and approval or disapproval of plats. The Commission shall be vested with all powers vested in a municipal planning commission under the Municipal Planning Act, Act No. 285 of the Public Acts of 1931, being M.C.L.A. §§ 125.31 to 125.45, commencing with §§ 125.36 et seq.
(7) Zoning ordinance. The Commission shall develop and recommend to the Common Council, under the guidelines of the comprehensive plan, a zoning ordinance and official zoning map establishing zoning districts within the city. Such an ordinance shall be made in regards to the character of each district and the most appropriate use of land within the city.
(8) Special land use permits. The Commission shall review all requests for a special land use in accordance with § 155.188. If required by the code official, maps, drawings, or other documentation in support of the request shall accompany the application. The granting of a special land use permit shall not exempt the applicant from compliance with other relevant provisions of related ordinances.
(9) Employees, contracts for services, and expenditures. The Commission may appoint such employees as the Commission may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law that govern other corresponding civil employees of the city. The Commission may also contract with planners, engineers, architects, and other consultants for such services as the Commission may require. The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the Common Council, which shall provide the funds, equipment, and accommodations necessary for the Commission's work.
(10) Conflict of interest. No member of the Commission may participate in any decision, approval, or determination with regard to any matter of which he/she has a direct interest.
(G) Appeals and hearings. Any person with standing aggrieved by any decision of the Commission shall have the right to make such appeals as shall be permitted to be provided by this chapter or state law. Such appeals shall be based on the record.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)