(a) Council may by ordinance create boards and commissions in addition to those created in this charter. No function assigned by this charter to a board or commission may be discontinued or assigned to any other unless this charter specifically permits its discontinuance or reassignment.
(b) All appointments to boards and commissions, including those in other parts of the charter, shall to the extent possible be finalized so that the appointee may attend at least one meeting prior to assuming office.
(c) Any member of a board or commission named specifically in this charter may subpoena and require the attendance of witnesses, cause the administration of oaths and compel testimony and the production of books, papers and other evidence pertinent to any issue before that board or commission. If any applicant fails to respond to these requests, the board or commission may take that failure into account when deciding the applicant's matter.
(a) Organization. The planning commission is composed of five members who are registered voters of the city. Three members of the commission shall be appointees of the mayor, and two members shall be appointees of council. Each member of the commission shall serve until the expiration of his or her term, which shall be five years, with each term staggered so that one commission member's term expires each year. Members of the commission shall be ineligible to succeed themselves unless the member is completing a term for which he or she was appointed to fill a midterm vacancy. The appointing authority of the commission member may remove that member for cause.
(b) Engineer as Ex Officio Member. A person serving in the capacity of city engineer shall, by virtue of his or her position, be a non-voting member of the commission.
(c) Officers. The commission shall elect its own chairperson and vice chairperson. A majority of the commission shall constitute a quorum to do business. The city's chief planning officer or his or her designee shall be the secretary to the commission and shall be responsible for the preparation of the docket and the minutes for all commission meetings and shall perform all other duties incident to the office of secretary. The secretary shall have no vote.
(d) Administrative Staff. The secretary and his or her staff shall provide all administrative and support services to the commission.
(e) General Plan. The planning commission shall make and adopt a general plan for the development and improvement of the city, and for any area outside of the city that, in the judgment of the commission, bears relation to the planning of the city. No general plan or portions or amendments of the plan shall be adopted by the commission until after a public hearing. The general plan established or amended from time to time by ordinance shall constitute the official plan of the city. The commission shall also make plans and proposals for specific improvements and projects that it deems desirable for the city and its surrounding area and recommend them to the appropriate authority. These plans and proposals shall not become a part of the general plan until adopted by council. The commission may call upon officers and employees of other departments and divisions of the city for assistance in city planning. The commission shall take the initiative in planning for the city and surrounding area. It may make investigations, maps and studies relating to the planning of the community as it deems desirable.
(f) Development; Authority to Contract. The planning commission may recommend to the appropriate public authorities or private agencies programs for the development and improvement of the community, for the enactment of legislation pertaining to that development and improvement, for the building of public structures and improvements and for the financing of those things. Subject to the approval of council, the commission may enter into agreements with other public or private entities to carry forward any of its purposes. In addition to the powers and functions provided in this charter, the commission shall have other powers and functions provided by council. The commission may establish rules and regulations for its own procedure not inconsistent with this section or any ordinances of the city.
(g) Mandatory Referral. No public building, street, park, playground, harbor, dock, wharf, bridge, tunnel, or publicly or privately owned utility shall be authorized or constructed in the city, in whole or in part; nor shall any street be opened, widened, narrowed, relocated or vacated, or its use changed for any purpose whatsoever; nor shall ordinance referring to zoning or other regulations controlling the use or development of land in the city be adopted unless it has first been submitted to the commission for report and recommendation. The commission shall act on any matter within 60 days of its referral unless a longer time is allowed by council. Any resolution, ordinance or matter referred and disapproved by formal action of the commission shall require a two-thirds vote of all councilmembers for adoption or authorization.
(h) Review of Other Public Plans. If any plan, design or other proposal concerning the character, extent, location or use of any public improvement or public property within the city does not fall within the province of council or other office of the city, then the commission shall review the plan, design or proposal by the state, county, district, school, or other public entity having jurisdiction over the public improvement or property in accordance with general law.
(a) Organization. The board of zoning appeals is composed of five members who shall be appointed for a term of five years each. Three members of the board shall be appointees of the mayor, and two members shall be appointees of council. Members of the board shall be ineligible to succeed themselves unless the member is completing a term for which he or she was appointed to fill a midterm vacancy. The appointing authority may remove the appointed member for cause. The planning staff, housing and building staff, and person acting in the capacity of the city engineer shall furnish any technical advice and services as required by the board.
(b) Officers. The board shall elect its own chairperson and vice chairperson. A majority of the board shall constitute a quorum to do business. The city's chief planning officer or his or her designee shall be the secretary to the board and shall be responsible for the preparation of the docket and the minutes for all board meetings and shall perform all other duties incident to the office of secretary. The secretary shall have no vote.
(c) Powers and Duties. The board of zoning appeals shall hear and decide appeals from any regulation, order, decision, requirement, or determination made by administrative officials or agents in the application of ordinances governing zoning in the city. The board shall hear and decide all appeals made for variances in the application of ordinances governing zoning in the city, except that no variance shall be granted unless the board finds:
(1) there exists practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved;
(2) there are special circumstances or conditions applying to the land or buildings and not applying generally to land or buildings in the neighborhood, and that the circumstances or conditions exist so that strict application of the provisions of the ordinances of the city would deprive the applicant of the reasonable use of the land or buildings;
(3) the granting of the variance is necessary for the reasonable use of the land or building and that the variance granted by the board is the minimum variance that will accomplish this purpose; and
(4) the granting of the variance will be in harmony with the general purpose and intent of the ordinances of the city and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
The board shall perform other duties and functions as may be imposed upon the board by this charter or by council, and it may establish rules and regulations for its own procedure not inconsistent with this section or any ordinances of the city.
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