A. Establishment: There is hereby established, pursuant to Arizona Revised Statutes section 9-461.01 et seq., a planning agency known as the town of Parker planning and zoning commission ("commission").
B. Powers: The commission is the planning agency for the town and has the powers to enable it to fulfill its planning function, in accordance with the Arizona Revised Statutes. The commission shall provide an advisory function to assist the town council in making decisions pertaining to amendments to the general plan and this title, and applications for development approval. In no event is the commission authorized to render a final decision approving, denying, or conditionally approving a change in this title or general plan, or to render a final decision on an application for development approval, except as otherwise authorized in this section.
C. Duties: In addition to any authority granted to the commission by Arizona law, other ordinances of the town or by this title, the commission shall have the following powers and duties:
1. To hold public hearings when necessary or when required by law.
2. To initiate, hear, review, and make recommendations to the town council regarding applications for amendments to the general plan or area specific plans, in accordance with the provisions of this title. On an annual basis review and make recommendations to the mayor and council concerning the general plan as well as plans for the development of any land outside the town's planning area, which, in the opinion of the commission, is substantially related to the planning of the town.
3. To make recommendations to the town council on all matters concerning or relating to the creation of zoning ordinances, the zoning district map, the boundaries thereof, the appropriate regulations to be enforced therein, and amendments of this title, and to undertake any other activities usually associated therewith and commonly known as "planning and zoning".
4. To initiate, hear and review applications for amendments to either the zoning district map and/or the text of this title, in accordance with the provisions of this title.
5. To serve as the advisory body to the town council on such matters as applications for site plan review, conditional use permits, protected development rights plans, and any other permit or review process in accordance with the provisions of this title.
6. To hear, review and decide on subdivision preliminary plats and minor lot splits, in accordance with the provisions of the town's subdivision ordinance.
7. To confer and advise with other town or city, county, regional, or state planning agencies and commissions.
D. Membership: The commission shall consist of seven (7) members, all residents of the town, who shall be appointed by, and serve at the pleasure of, the town council.
E. Term Of Office: The term of office of the members of the commission shall be three (3) years, with the terms of members so staggered that the terms of no more than three (3) members shall expire (on January 1) in any one year. The incumbent commissioner shall continue to serve, after his or her term of office has expired, until a successor has been appointed. In the event of a death, resignation, or removal from the commission, a resident appointed by the town council shall fill the vacancy for the unexpired term.
F. Nonattendance: Three (3) successive unexcused absences from any regular or special meeting shall be grounds for termination at the will and pleasure of the town council without the necessity of a hearing or notice, and such action shall be final and the position shall thereupon be declared vacant.
G. Organization:
1. Officers: The commission shall elect a chairperson and vice chairperson from among its own members at its first meeting in January each year. The chairperson shall preside at all meetings and shall take such actions as necessary to preserve order and the integrity of all proceedings before the commission. The vice chairperson shall perform the duties of the chairperson in the latter's absence or disability.
2. Meetings: Meetings of the commission shall be open to the public. Public input shall be permitted in public meetings on matters before the commission. The minutes of the proceedings, showing the vote of each member and records of its examinations and other official actions, shall be kept and filed in the office of the town clerk as a public record.
3. Quorum: Four (4) members of the commission shall constitute a quorum for the transaction of business. No matter may be considered by the commission unless there are four (4) or more members present who are eligible/qualified to vote on the matter. The affirmative vote of at least the majority of the quorum present and voting shall be required to pass a motion. If a member has been present for the entire presentation of an issue, that member may abstain from voting only because he or she has a conflict of interest. If a member has a conflict of interest, he or she shall declare said conflict of interest prior to the presentation and shall abstain from all discussion and deliberation on the matter in question.
4. Rules And Regulations: The commission shall follow the current edition of "Robert's Rules Of Order" for the conduct of its meetings in the event of a procedural dispute. The commission may make and publish bylaws to govern its proceedings and to provide for its meetings. The bylaws are to be reviewed by the town attorney and approved by the town council.
H. Compensation: The members of the commission shall serve without compensation. The commissioners may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the commission and approval of such expenditures by the town manager. (Ord. 03-2005, 9-6-2005)