(A) Composition and method of appointment.
(1) The Council will serve as the Commission unless and until the Council appoints members of a separate Commission. If the Council appoints members of a separate Commission, the Commission shall consist of five members. The initial appointments of members of a separate Commission may occur at any regular Council meeting. Thereafter, Commission members will be appointed by the City Council for one year terms at the first regular Council meeting following each general city election. Each member of the Commission shall be a resident of the city. Any vacancy on the Commission shall be filled for the unexpired term by the Council at the next regular meeting of the Council after the vacancy occurs. The members of the Commission shall serve without compensation. In the event that no members are appointed to the Commission by the Council at the first regular Council meeting following a general city election, the Council shall again serve as the Commission until the Council appoints members of a separate Commission. In the absence of a separate Commission, any reference in this chapter to the Commission means the Council serving as the Commission.
(2) The Chairperson and Vice-Chairperson of the Commission shall be elected by majority vote of the Commission members at the first regular meeting after the appointment of the Commission members by the Council. In the absence of the Chairperson and the Vice-Chairperson at any meeting, an acting Chairperson shall be elected by a majority vote of all members present. If the Council is serving as the Commission, the Council will elect a Chairperson and Vice-Chairperson of the Commission by majority vote at the first regular Council meeting following each general city election.
(3) The Zoning Administrator shall be a nonvoting ex officio member of the Commission, shall serve as secretary of the Commission and shall maintain the records of the Commission.
(4) A quorum of the Commission shall consist of a minimum of three members of the Commission and any issue shall be decided by a majority vote of those members present unless otherwise provided in this chapter or state law. The member serving as Chairperson for the meeting is entitled to vote but has no veto power.
(B) Meetings.
(1) The Commission shall meet upon call of the Mayor, Zoning Administrator or Chairperson when there is a case to be heard by the Commission or when there is other business to be conducted that is within the responsibility of the Commission.
(2) All meetings of the Commission shall be open to the public and minutes shall be kept and maintained as public records.
(3) The meetings of the Commission are subject to the Open Meetings Law. Notice shall be posted and record minutes kept according to law.
(C) Authority. The Commission shall have the following powers and duties:
(1) Review applications for zoning changes, hear public comments and make recommendations to the Council regarding the applications;
(2) Review applications for specific use permits, hear public comments and grant, grant with modification or deny the applications;
(3) Recommend to the Council amendments, extensions and additions to the comprehensive master plan of the city, including the land use plan and the thoroughfare plan;
(4) Make reccomendations to the Council on proposed changes to the official zoning map of the city;
(5) When appropriate, make a determination of appropriate zoning or use; and
(6) Perform other duties as may be duly delegated to them from time to time by the Council or as described in this chapter or state law.
(D) Appeal. Where an appeal is provided for in this chapter or state law, a person aggrieved by any action of the Commission must submit the appeal to the Council at the next regular Council meeting that occurs after the action by the Commission.
(Ord. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013)