A. Authorization: A planning commission is hereby created and appointed by the mayor with the consent and confirmation of the city council.
B. Membership: There shall be seven (7) regular voting members of the planning commission: No less than five (5) members shall be residents of the city of Scott City, two (2) members shall be appointed who reside in the extraterritorial zone.
C. Officers: A chair, a vice chair, and a secretary shall be elected by a simple majority of the planning commission. All officers shall serve for one year, or until their successors are elected, and may succeed themselves for each year during their terms. The secretary may be an employee of the city.
D. Terms And Qualifications:
1. Appointment: All regular commissioners shall be appointed for terms of three (3) years, and each may serve for additional three (3) year terms as appointed without limitation.
2. Alternate Commissioners: Alternate commissioners may be appointed for terms of one, two (2) or three (3) years.
3. Age Requirement: Regular and alternate planning commissioners shall be at least eighteen (18) years of age.
4. Removal: Planning commissioners may be removed for cause, including, but not limited to, failure to attend meetings, abuse of office, or serious conflict of interest by a two-thirds (2/3) vote of the city council.
5. Vacancy: Appointments to fill vacancies of unexpired terms shall be made by the mayor with the consent and confirmation of the city council.
6. Compensation: All members of the planning commission shall serve without pay or other compensation.
E. Duties Of The Planning Commission:
1. Comprehensive Plan: The planning commission is authorized to make or cause to be made a comprehensive plan for the development of the city of Scott City and any unincorporated territory lying outside of the city of Scott City, which in the opinion of the planning commission, forms the total community of which the city is a part. The comprehensive plan shall constitute the basis or guide for public action to ensure coordinated and harmonious development or redevelopment that will best promote the health, safety, morals, order, convenience, prosperity and general welfare as well as the wise and efficient expenditure of public funds.
2. Annual Review Of The Comprehensive Plan: At least once each year, the planning commission shall review or reconsider the comprehensive plan or any part and may propose amendments, extensions or additions to the comprehensive plan.
3. Capital Improvement Program: After the adoption and certification of the comprehensive plan, the planning commission shall review and comment on a public improvement, public facility or public utility that is embraced within the recommendations of the comprehensive plan. The planning commission shall evaluate the proposed public improvement, facility or utility for conformity with the comprehensive plan. An exception is permitted when the planning commission has reviewed a capital improvement program and found that a specific public improvement, public facility or public utility is in conformity with the comprehensive plan.
4. Subdivision Regulations: The planning commission shall advise and recommend to the city council adoption and amendment of regulations governing the subdivision of land, following the adoption of a comprehensive plan. The planning commission may establish subdivision regulations for all land located in the city and may apply such regulations to land outside of but within three (3) miles of the city limits. The planning commission shall determine if a subdivision plat conforms to the provisions of the subdivision regulations. The planning commission may either approve the plat and issue a certificate, or notify the applicant the plat does not conform to the requirements of the subdivision regulations.
5. Variances: The planning commission may grant area and bulk variances on preliminary subdivision plats when in the opinion of the majority of the planning commission, such variation is essential to preserve natural resources, overcome practical difficulty, and serve the public interest.
6. Zoning Regulations: The planning commission shall advise and recommend adoption and amendment of zoning regulations, following the adoption of a comprehensive plan. The planning commission may establish zoning regulations for all land located in the city and may apply such regulations to land outside of but within three (3) miles of the city limits. The planning commission shall recommend to the city council the nature and the number of zoning districts that it deems necessary.
7. Evaluate Changes In Zoning Boundaries: The planning commission shall conduct public hearings and provide a recommendation to the city council on all proposed amendments to zoning district boundaries. This shall include conditional or special uses.
8. Approval Of Site Plans: The planning commission may establish zoning regulations that require the approval of site plans to assist in the planned development of a site and the aesthetics of redevelopment or new development.
9. Planning Commission Budget: The planning commission may submit a budget to the city council for the employment of employees and consultants for the implementation of planning and administration of zoning and subdivision regulations.
10. Annual Meeting: The planning commission shall hold an annual meeting each year for the purpose of electing a chair, a vice chair, and a secretary. The chair and other officers shall be elected by a simple majority of the planning commission. All officers shall serve for one year, or until their successors are elected, and may succeed themselves for each year during their terms. The secretary may or may not be a member of the planning commission.
F. Meetings And Conduct:
1. All meetings shall be conducted by the chair of the planning commission, or in their absence, by the vice chair or secretary, or then by the most senior member. The chair shall have the power to rule on objections and other points of order raised by a member of the planning commission, an applicant/agent, or member of the public hearing.
2. All meetings of the planning commission, other than special meetings or work sessions, shall be held on the second Thursday of each month at six o'clock (6:00) P.M. at the city hall. When there is no official agenda, a meeting may be canceled at the discretion of the chair. The chair, or the vice chair in their absence, shall have the power to call any special meetings, or to change a meeting time or place.
3. Meetings shall generally be conducted in accord with "Robert's Rules Of Order".
4. The chair shall have the authority to eject or cause to be ejected any person(s) whose behavior disturbs or unreasonably interrupts the proceedings of planning commission hearings.
G. Rules Of Voting And Conflict Of Interest:
1. The chair may vote in all official motions or elections. The chair shall lead all discussions, and call for all votes.
2. All official votes shall be by simple majority of a quorum. A quorum shall be four (4) members present.
3. All votes shall be "yes" or "no" by "voice" of the members; written votes are not allowed. The chair may require reasons for the vote from each commissioner when the magnitude of the change requested for the plan or zone change is extensive. Abstentions from voting, as distinguished from disqualifications, shall not be allowed. Official votes shall also be written by the secretary or designee in the form of minutes; minutes shall be approved at each meeting.
4. Any commissioner, including the chair, may disqualify him or herself, without stating reasons, by announcing the disqualification for the record, and leaving the table at the beginning of a public hearing. In the case of a challenge by an applicant or member of the public, the chair shall rule on disqualifications. Reasons for disqualification shall be, but are not limited to, the following:
a. To avoid the appearance of an impropriety.
b. If the planning commissioner is a property owner within the statutory distance for notification of hearing.
c. If the planning commissioner is a relative, employer or employee or business partner of an applicant.
d. If the planning commissioner is an agent for an applicant (in a business or legal capacity).
e. If the planning commissioner serves on another elected or appointed board with an applicant.
f. If a planning commissioner is a constant, long term, and close social acquaintance of an applicant.
g. If the planning commissioner feels that he/she cannot render a fair and impartial judgment due to past association, hearsay, or actions of an applicant or member of a public hearing.
h. If the planning commissioner is a party to ex parte contact on a particular item of business that is subject to a public hearing.
H. Conduct Of Hearings:
1. An applicant, or an agent for the applicant, must be present to introduce a proposal for change, except that this rule may be waived by a two-thirds (2/3) majority vote of the planning commission. If an applicant or agent is not present, and the rule is not waived, then the applicant shall automatically be granted an extension until the next regularly scheduled meeting of the planning commission. If the applicant fails to appear at the following meeting, the matter shall be deemed void and the applicant must reapply. If the applicant fails to attend the first regularly scheduled hearing, they shall be assessed the full cost of public notification, including postage, abstractor search (if necessary).
2. All members (or their agents) attending a public hearing shall have the right to speak to the business at hand. The planning commission shall not hold a "closed meeting" or executive session unless it pertains to pending litigation. The chair may set reasonable time limits for the duration of all discussions. At a public hearing, parties shall speak in the following order:
a. The planning commission chair opens the hearing by explaining the nature of the request, its location, and the action or votes required of the planning commission. Next, the applicant or agent introduces the proposal.
b. The planning commission/city attorney may ask questions to clarify any points made by the applicant. Following this, any member of the public may request points of clarification.
c. The members of the public may speak to the proposal.
d. A period of rebuttal shall be allowed for the applicant and those in favor or opposition.
e. Final rebuttal for the applicant shall be allowed.
f. The chair shall officially close the public hearing phase of the particular business at hand.
g. The planning commission shall debate the facts presented at the hearing.
3. Following debate, the planning commission shall vote on a motion or table the item for further consideration. Decisions of the commission shall be based upon facts entered into the record at the public hearing phase of the meeting, the recommendations of the zoning administrator or city attorney, the adopted comprehensive plan, and the preservation of health, public safety, and the general welfare.
4. Appropriate considerations for voting on an issue may also include the need for the proposed change; the magnitude of the change; whether or not the change will bring harm to established property rights, and the effective use of land. Other considerations shall include, but are not limited to:
a. Demonstration of need for the change.
b. The character of the neighborhood.
c. The zoning designation of nearby properties.
d. The suitability of the use to which the property is now restricted.
e. Length of time the subject property has remained vacant under the current zoning designation.
f. Recommendation of the city staff.
g. Conformance of the requested change to the comprehensive plan or other official planning polices and documents of the city to guide its growth and development.
h. The relative loss or gain to the subject property owner as compared to the relative loss of nearby property owners.
i. The availability and adequacy of required utilities and services to serve the proposed use. These utilities and services include, but are not limited to, sanitary wastewater, water, storm sewers, and electrical service, police and fire protection, schools, parks and recreation facilities.
j. The extent to which the proposed use will adversely affect the capacity or safety of the street or road network influenced by the use. Or if the proposed use provides adequate access roads or ingress and egress to prevent traffic hazards.
k. The environmental impact generated by the proposed use including, but not limited to, loss of prime farmland, flooding problems, excessive storm water runoff, soil erosion and sedimentation, adverse effects on water supplies, including surface and ground waters, air pollution, noise pollution, excessive nighttime lighting or other environmental harm.
l. The extent to which the proposed use will result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.
m. The ability of the applicant to satisfy any requirement (e.g., site plan) applicable to the specific use imposed pursuant to the zoning regulations and other applicable ordinances.
I. Effect Of Voting:
1. Votes shall either be cast of "yes" or "no" on an issue. A majority vote "yes" shall be deemed to mean a positive recommendation to the city council. A majority vote "no" shall mean a negative recommendation; a tie vote presented to the city council shall have the same meaning as "no recommendation".
2. In the case of a proposed zoning amendment to the land use map or the ordinance text, the vote of the planning commission is advisory. Upon receiving an advisory vote, the city council may: a) approve by resolution such recommendation, b) override the recommendation by a two-thirds (2/3) majority vote, c) return the recommendation for study and/or a new hearing, together with a statement which specifies the city council's reasons for refusal to approve or disapprove. If the city council returns a recommendation, the planning commission may resubmit the original recommendation or submit new or amended recommendations without reconvening the public hearing. Upon receiving the returned recommendations from the planning commission, the city council may, by a simple majority vote, adopt, revise or amend such recommendations. Failure to return a recommendation on the part of the planning commission shall be considered a resubmission of the original recommendation.
3. If, however, a protest against such amendment, supplement or change is filed in the office of the city clerk within fourteen (14) days after the conclusion of the public hearing pursuant to said publication notice, duly signed and acknowledged by twenty percent (20%) of the total area, excepting public streets or ways, located within or without the corporate limits of Scott City and located within two hundred feet (200') for requests within the city and one thousand feet (1,000') within the unincorporated area of the extraterritorial zone, of the boundaries of the property proposed to be rezoned, such amendment shall not be passed except by at least three-fourths (3/4) vote of all the members of the city council. (Ord. 1067, 6-19-2006; amd. Ord. 1230, 1-3-2022, Ord. 1257, 5-1-2023)