(A) A joint planning unit be and is hereby created and established for the city and the county in accordance with the provisions of KRS 100.121, and that said planning unit shall be named and known as the City-County Planning and Zoning Commission.
(B) Pursuant to KRS 100.127, that said joint planning unit hereby created and shall operate in accordance with the following agreements.
(1) Establishment and jurisdiction.
(a) Upon the appointment and approval of the members of the Planning and Zoning Commission election of officers and adoption of by-laws, the existence of the City-County Planning and Zoning Commission shall begin; provided, however, that the members of the old Independent (County) Planning and Zoning Commission shall continue to serve on the Joint Planning and Zoning Commission as the members appointed by the County Judge/Executive and for the terms stated in the Executive Order of December 27, 1973, Fiscal Court Order Book 9, Pages 672A and 672B.
(KRS 100.133)
(b) The Commission may engage in planning operations within its jurisdiction, which shall be coterminous with its political boundaries, KRS 100.131. The planning operations presently contemplated are those set forth in KRS 100.183, KRS 100.187, and KRS 100.193.
(2) Membership.
(a) The City-County Planning and Zoning Commission shall consist of six members with all six of the members being citizen-members. The County Judge/Executive shall appoint three members of the Commission with the approval of the County Fiscal Court. The City Mayor shall appoint three members of the Commission with the approval of the City Council. A citizen-member may be any citizen who is not an elected official, appointed official, or employees of the city or the county.
(KRS 100.133; KRS 100.141)
(b) The oath of office shall be administered to all members of the Commission before entering upon their duties and shall be administered as provided by KRS 100.151.
(c) The term of office of citizen-members shall be four years, except that the original terms shall be staggered so that a proportionate number serve one, two, three, and four years respectively, with later appointments or re-appointments continuing the staggered pattern.
(KRS 100.143)
(d) Two non-citizen-members may be appointed to serve on the Planning and Zoning Commission and the term of office for such non-citizen-member shall be the same as his or her official tenure of office, or in the case of appointed public officials, for a term of four years, or at the pleasure of the appropriate appointing authority.
(KRS 100.143)
(e) All vacancies, whether by resignation, dismissal, or expiration of the term of office, shall be filled within 60 days by the County Judge/Executive with the approval of the Fiscal Court or the Mayor, with the approval of the City Council or as otherwise provided in KRS 100.147. The Mayor shall fill vacancies of members appointed by the Mayor and the County Judge/Executive shall fill vacancies of members appointed by the County Judge/Executive. A citizen-member may be removed by the appropriate appointing authority for inefficiency, neglect of duty, malfeasance, or conflict of interest, in accordance with KRS 100.157, however, the removed member shall have the right of appeal in the manner therein prescribed.
(f) Citizen-members shall serve without compensation but reimbursement of expenses may be authorized. All non-citizen-members of the Commission shall also serve without compensation, but reimbursement of expenses may be authorized.
(KRS 100.153)
(3) Officers and staff. The Commission shall elect a Chairperson and any other officers which it deems necessary from among its citizen-members. The term of office shall be for one year with eligibility for re-election (see KRS 100.161). Subject to the availability of funds as may be appropriated by the Fiscal Court, and City Council in accordance with KRS 100.177, the Commission may employ a staff as it may deem necessary for its work and may contract with professional planners as it deems necessary to accomplish its assigned duties. It shall not appropriate any funds for any planning project without the approval of the Fiscal Court and City Council.
(KRS 100.173; KRS 100.177)
(4) Meetings.
(a) The Planning and Zoning Commission shall conduct regular meetings as it deems necessary for the transaction of its business, but there shall be at least six regular meetings annually. The by-laws adopted by the Commission shall express the schedule of regular meetings; the manner in which notice shall be given; the date, time, place, and subject or subjects to be discussed; as well as the method for calling and conducting special meetings.
(b) A simple majority of the total membership shall constitute a quorum. After a quorum has been established, a simple majority of that quorum can transact any official business except in those instances where there is to be an adoption or amendment of the Commission’s by-laws or elements of the comprehensive plan or regulations, in which event, a vote of the simple majority of the total membership shall be required.
(KRS 100.163; KRS 100.171)
(5) By-laws.
(a) The Commission shall adopt and approve its by-laws before it may properly transact any business. The by-laws shall set forth the procedures, rules, and regulations necessary for the Commission to conduct its business. The by-laws shall describe the method of administration of funds and an annual audit shall be provided for.
(KRS 100.167; KRS 100.177)
(b) The Commission shall keep minutes and records of all proceedings as required by KRS 100.167.
(6) Powers and duties. The powers and duties of the Commission are as set forth in KRS Ch. 100 with such general powers to carry out its functions as prescribed by said chapter and by this section. The Commission may be assigned any powers, duties, and functions related to urban renewal or public housing by the Fiscal Court and City Council. See OAG 76-108.
(KRS 100.151)
(7) Withdrawal. Either the city of the county may at any time withdraw from the joint planning unit by complying with the provisions of KRS 100.127(2). See OAG 73-701 and OAG 74-853.
(Ord. 565, passed 10-8-1979; Ord. 669-99, passed 9-13-1999)