(A) General. Article 149 of the prior code of ordinances is hereby repealed and the Planning Commission, including its rights, duties and responsibilities, are stated to be as follows.
(B) Establishment of the Planning Commission. The Planning Commission existing at the time this chapter is enacted shall be continued. The Planning Commission so established shall operate in accordance with W. Va. Code Chapter 8A, Article 2, as amended. The Planning Commission shall consist of ten members, one of whom shall be the Mayor, or his or her designee, and one of whom shall be a member of the City Council.
(C) Terms for members. The terms of office for the Mayor, or his or her designee, and the member of the City Council shall be the same as their respective term in office. The terms of office for the remaining members of the Planning Commission shall be three years with the terms being staggered so that approximately one-third of the terms expire every year. Members may be removed for cause upon written charges and after a public hearing before the City Council, if such a hearing is requested.
(D) Selection of members. All members shall be appointed by the Mayor and approved by the City Council. The terms of office for the Planning Commission members shall be staggered at intervals so as to provide continuity in policy and personnel. Members of the Planning Commission shall be residents of the city, and at least three-fifths of the members shall have been residents of the city for at least three years prior to appointment. Members of the Planning Commission shall serve without compensation. Any vacancy for the unexpired term of any member whose term is not completed shall be filled by the City Council. A member shall continue to serve until a successor has been appointed and approved by the City Council for the remainder of the unexpired term.
(E) Chairperson election and rules adoption. The Planning Commission shall elect from its membership a Chairperson. It shall also establish and adopt rules for its organization and transaction of business and shall keep a public record of its proceedings.
(F) Planning Commission Secretary. A Secretary to assist the Planning Commission may be appointed by the Code Official, with the advice and consent of the City Council. The Secretary, if appointed, shall keep minutes of the Planning Commission meetings for public record, conduct all correspondence, including the notification of decisions, certify records, and prepare and submit the minutes of Planning Commission meetings to the Chairperson and the Planning Commission.
(G) Duties and powers of the Planning Commission.
(1) Comprehensive plan.
(a) It shall be the duty of the Planning Commission, after holding public hearings, to create and recommend to the City Council a comprehensive plan for the physical development of the city, which shall be permitted to include areas outside its boundaries which bear consideration to the planning of the city. The comprehensive plan shall include at least the following elements:
1. Official maps;
2. Growth and land use;
3. Commercial/industrial uses;
4. Transportation and utilities;
5. Community facilities;
6. Housing;
7. Environmental; and
8. Geologic/natural hazards.
(b) The Planning Commission shall be permitted also to recommend amendments to the comprehensive plan regarding the administration or maintenance of this zoning chapter.
(2) Zoning regulations. It shall be the duty of the Planning Commission to develop and recommend to the City Council a zoning chapter, in accordance with the guidelines of the comprehensive plan, establishing zones within the city. The zoning regulations shall demonstrate an understanding of the character of each district and the most appropriate use of land within the city.
(a) Amendments. This chapter may be amended, but all proposed amendments shall be submitted to the Code Official for review and recommendation to the Planning Commission.
(b) The Planning Commission shall make periodic reports and recommendations to the City Council.
(3) Division of land regulations. It shall be the duty of the Planning Commission to develop and certify procedures governing the division of land. All divisions of land shall be in accordance with the adopted procedures.
(4) Official zoning map. The City Council shall adopt an official zoning map for all areas included within the city.
(5) Abandonment of city real property. The Planning Commission shall hear all applications relating to the use or abandonment of the city’s real property.
(H) Procedures.
(1) Hearings. Upon receipt of an application in proper form, the Code Official shall either affirm or deny the application.
(2) Petitions. Any person with standing, seeking a decision by the Planning Commission on matters specified in divisions (G)(1) through (G)(5) above shall be permitted to petition to the Planning Commission by written request filed with the Code Official. Upon furnishing the proper information, the Code Official shall transmit to the Planning Commission all papers and pertinent data related to the appeal.
(a) Time limit. A petition shall only be considered if filed within 30 working days after the cause arises or the petition shall not be considered. If a petition is not made within the 30- day time period, the decision of the Code Official shall be considered final.
(b) Stays of proceedings. A petition stays all proceedings relating to the property in issue or any similarly situated property from further action unless there is immediate danger to public health and safety.
(c) Notice. The Planning Commission shall publish a notice of the time and place of the public hearing. Such notice shall be given by publishing said notice as a Class II legal advertisement in a newspaper of general circulation in the city and in accordance with W. Va. Code Article 59-3, as amended; provided, that the notice shall be published two times, with seven days elapsing between the two publications and the second publication being no more than five days before the public hearing. The public hearing notice shall state the nature of the request, the location of the property, and the time and place of hearing. Reasonable effort shall also be made to give notice by regular mail of the time and place of hearing to each surrounding property owner; the extent of the area to be notified shall be determined by the Code Official. A notice of the public hearing shall also be posted in a conspicuous manner on the subject property.
(d) Evidence. The Planning Commission shall hear all parties to the issue presented. The Planning Commission may require the party or parties to provide certain information in the form of maps relevant to the issue presented, blueprints, specific written statements explaining the application, and any other information deemed to be relevant to decision. The Planning Commission may also visit the property in issue and use any other information that it feels to be appropriate.
(e) Voting and notice of decision. A majority of the Planning Commission, in attendance at the hearing, shall decide any matter under consideration. Each decision shall be entered in the minutes by the Secretary, if appointed, or by the Chairperson if no Secretary is appointed. All petitions shall be shall be open to the public.
(f) Notice to be given to Code Official. Notice in writing of the decision and the disposition of each petition shall be given to the Code Official and each petitioner by mail or otherwise.
(g) Copy. The Planning Commission shall provide a copy of its decision to the City Council.
(3) Appeals and hearings. Any person with standing aggrieved by any decision of the Planning Commission shall have the right to appeal the decision to the City Council. Such appeals shall be filed with the City Recorder within 30 days after the decision was made by the Planning Commission and shall be based on the record.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)