(A) General. For the purposes of carrying out the provisions of this chapter, an Administrator, staff and Commission are hereby created.
(Prior Code, § 17.12.010)
(B) Administrator. The Council shall appoint an Administrator to administer this chapter. The Administrator may be provided with the assistance of such other persons as the Council may direct. The Administrator shall have the following duties:
(1) Advise interested persons of the zoning ordinance provisions;
(2) Investigate all alleged violations of this chapter and initiate action necessary to correct such violations;
(3) Assist the Commission and the Council in carrying out the provisions of this chapter; and
(4) Assist in enforcement of any building code adopted by the city.
(Prior Code, § 17.12.020)
(C) Staff.
(1) Staff has been historically defined to include the City Attorney, Building Administrator, City Clerk and Deputy Clerk, with the Deputy Clerk being principally assigned to assist the Planning and Zoning Commission. For the purpose of this section, the Deputy Clerk shall have the following duties, with the City Clerk providing backup when the Deputy Clerk is unavailable:
(a) Notify the news media regarding matters of public interest, i.e., public hearings;
(b) Aid applicants in the preparation and expedition of required applications;
(c) Assist the Commission in carrying out the provisions of this chapter, including, but not limited to, taking minutes of the meetings, organizing and sending out agendas and memos, assuring Commission members have pertinent information available in a timely manner and any other duties deemed necessary; and
(d) Ensure that all potentially affected public service providers and property owners within 300 feet are notified of conditional use requests or any other permit requiring a public hearing.
(2) The Building Administrator shall measure required setbacks and issue building permits based upon applicants meeting setback requirements.
(Prior Code, § 17.12.030)
(D) Commission appointed.
(1) Term of office.
(a) A Planning Commission of the city is created, which Commission shall consist of seven members to be chosen and appointed by the Mayor and confirmed by the Council. Such members of the Commission must be residents of the city, providing that one member shall be a nonresident of the city but residing in the impact area.
(b) Members shall have been county residents for two years as per state law. The term of office for the first appointive members to such Commission shall be two, four and six years, to be determined by lot, and thereafter the terms of office for each appointive member shall be six years. Vacancies occurring, other than expiration of terms, shall be filled by the Mayor and confirmed by the Council for the unexpired portion of the term.
(c) Any member of the Commission may be removed for cause and is entitled to an executive session if desired. Should a need for a vote arise, a majority vote of the voting body shall be mandatory. Recommendations for new members shall be sought from the Planning and Zoning Commission. Members of the Commission shall be selected without respect to political affiliation and shall serve without compensation.
(2) Organization, rules and meetings.
(a) The Commission shall elect its own Chairperson and fill such other offices as it may determine it requires. Election of officers shall be held annually.
(b) One regular meeting shall be held each month for not less than nine months each year and all meetings shall be open to the public. Members of the Commission shall be expected to attend approximately 75% of all meetings and strive to keep absences from being consecutive in an effort to assure a quorum is available.
(c) A majority of the voting members of the Commission shall be necessary to constitute a quorum at any meeting.
(d) Written rules shall be consistent with this chapter and the pertinent laws of the state for the transaction of business of the Commission and a written record of meetings, resolutions, findings and determinations shall be kept, which record shall be a public record.
(3) Employees and expenditures. Any expenditure shall be within the amounts appropriated and set aside by the city for the purposes of the Commission, with use being subject to the approval of the Council.
(Prior Code, § 17.12.040)
(E) Duties of the Commission. For the purpose of this chapter, the Commission shall have the following duties:
(1) Initiate proposed amendments to this chapter and conduct reviews of the complete zoning ordinance as needed;
(2) Review all proposed amendments to this chapter and make recommendations to the Council;
(3) Review all planned unit developments and subdivisions and make recommendations to the Council;
(4) Review conditional use permits as specified in the official schedule of district regulations under the process outlined in this chapter and under the conditions as specified, with additional safeguards as will uphold the intent of this chapter, and make recommendations to the Council;
(5) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Building Administrator;
(6) Make recommendations concerning such variances from the terms of this chapter as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done;
(7) Seek constantly to cooperate with the County Planning and Zoning Commission in an effort to develop a coordinated plan for the future development of the city and the county; and
(8) Exercise its powers and duties as outlined in the current subdivision ordinance.
(Prior Code, § 17.12.050)
(F) Conflict of interest.
(1) The Council appointing Commission members shall provide that the area and interest within its jurisdiction are broadly represented on the Commission. A member or employee of the Council or Commission shall not participate in any proceeding or action when the member or employee or his or her employer, business partner, business associate or any person related to him or her by affinity or consanguinity within the second degree has an economic interest in the procedure or action.
(2) Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. A knowing violation of this section shall be a misdemeanor.
(Prior Code, § 17.12.060)
Penalty, see § 153.999