The City Planning Commission shall have the following responsibilities and authority pursuant to this chapter.
(a) Creation. The City Planning Commission is created pursuant to Michigan Public Act 33 of 2008, as amended, the Michigan Planning Enabling Act, and as such, shall have all the powers and duties prescribed in Michigan Public Act 110 of 2006, as amended and Chapter 1220 of the City of Lincoln Park Code of Ordinances.
(b) Membership and Operation.
(1) Members of the Planning Commission shall be appointed by the Mayor with the approval of the City Council. The qualifications of members, the term of each member, filling of vacancies, compensation of members, and operation of the Planning Commission shall be in accordance with Act 33 of 2008, as amended.
(2) In accordance with Act 33 of 2008, as amended, the Planning Commission by resolution shall determine the time and place of meetings. A special meeting may be called by either two (2) members upon written request to the secretary, or by the chairperson. The Planning Commission shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.
(c) Jurisdiction.
(1) Formulation of Zoning Ordinance and Amendments. The Planning Commission shall be responsible for formulation of the Zoning Ordinance, review of amendments to the Zoning Ordinance, holding hearings on a proposed Zoning Ordinance or amendments, and reporting its findings and recommendations concerning the Zoning Ordinance or amendments to the City Council.
(2) Site Plan Review. The Planning Commission shall be responsible for review of applications for site plan approval in accordance with Section 1296.02. As provided for in Section 1296.02, the Planning Commission shall be responsible for either making a determination to grant approval, approval subject to revisions, or denial of site plan approval.
(3) Special Land Use Review. The Planning Commission shall be responsible for holding hearings and review of all applications for special land use approval in accordance with Section 1262.08, and the Planning Commission shall be responsible for either making a determination to grant approval, approval subject to revisions, or denial of special land use approval.
(4) Planned Development Review. The Planning Commission shall be responsible for holding hearings and review of all applications for planned development in accordance with Chapter 1288. The Planning Commission shall be responsible for making a recommendation to the City Council to grant approval, approval with conditions, or denial of a Planned Development proposal.
(5) Conditional Rezoning. The Planning Commission shall be responsible for holding hearings and review of all applications for conditional resorting in accordance with Chapter 1289. The Planning Commission shall be responsible for making a recommendation to the City Council to grant approval, approval with conditions, or denial of a Conditional Rezoning proposal.
(6) Formulation of a Master Plan. The Planning Commission shall be responsible for formulation and adoption of a basic plan (i.e., the City of Lincoln Park Master Plan) as a guide for the development of the City, in accordance with Michigan Public Act 33 of 2008, as amended.
(7) Review of Matters Referred by the City Council. The Planning Commission shall be responsible for review of plats or other matters relating to land development referred to it by the City Council. The Planning Commission shall recommend appropriate regulations and action on such matters.
(8) Report on Operation of the Zoning Ordinance. In accordance with Section 308 of Michigan Public Act 110 of 2006, as amended, the Planning Commission shall prepare an annual report to the City Council on the administration and enforcement of the Zoning Ordinance including recommendations as to the enactment of amendments or supplements to the Ordinance.
(9) Annual Report and Budget.
A. In accordance with Section 19 of Michigan Public Act 33 of 2008, as amended, the Planning Commission shall prepare or have prepared an annual written report to the Mayor and City Council detailing the Commission's operations and status of planning activities. In the annual report the Planning Commission may make recommendations regarding actions by the Mayor and Council related planning and development
B. After preparing the Annual Report, the Planning Commission may prepare a detailed budget for review and approval of City Council.
(10) Capital Improvements Program. The Planning Commission shall annually prepare a capital improvements program of public structures and improvements, in accordance with Section 65(1) of Michigan Public Act 33 of 2008, as amended, unless the Commission is exempted from this requirement by charter or otherwise.
(11) Conflict of Interest. No member of the Planning Commission shall participate in any case which he/she has a financial or personal interest in the property or action concerned, or will be directly affected by the decision, or has or believes he/she has any other conflict of interest as defined by applicable law. No member of the staff or of any agency serving the Planning Commission shall prepare or present arguments or reports, or attempt to influence decisions of the Commission in any case in which the staff member or agency has similar interest.
As soon as any Commission member, staff member, or any agency serving the Commission, becomes aware of a potential conflict of interest in any case to come before the Commission, he/she shall disclose the potential conflict of interest to the Planning Commission. The Commission member, staff member or agency shall be excused or disqualified following a majority vote of the Planning Commission upon determining that a conflict exists or could exist. The Secretary shall enter the circumstances into the record.
Where the Planning Commission has reasonable doubt as to whether the facts and applicable law indicate a degree of conflict justifying disqualification or excuse from service, the Commission shall seek advice from the City Attorney. If the City Attorney advises that a conflict appears to exist based on circumstances reported and applicable law, the Planning Commission shall proceed to excuse or disqualify as provided herein.
(Res. 98-529A. Passed 12-21-98; Res. 06-283A. Passed 7-31-06; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)