(a) Organization.
(1) The Planning Commission shall consist of five (5) members who shall be appointed by the Mayor and approved by a majority of Council; none shall hold any other office or appointment in this City. Council shall appoint one of its members as an ex officio member to attend all meetings. He shall have no vote in the deliberations of the Planning Commission but shall apprise Council of the activities of the Planning Commission.
(2) The Commission shall elect its Chairman from among its appointed members annually.
(3) The Mayor may at any time suspend any Commissioner for inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office, incapacity or incompetency provided, however, that such suspension shall become final without the concurrence of five (5) of the members of Council.
(4) Their term shall be for five (5) years, except that of the five (5) members first appointed, one (1) shall be for five (5) years, two (2) for four (4) years, and two (2) for two (2) years.
(5) Any vacancy occurring during the unexpired term of any member shall be filled as originally provided for the remainder of the term.
(b) Qualifications. No member of the Planning Commission shall hold a real estate license, real estate broker's license, or shall be a land developer or agent of said developer.
(c) Duties and Requirements. Subject to approval by Council, the Planning Commission shall:
(1) Make, amend, extend and add to the master plan for the physical development of the City.
(2) Exercise control over platting or subdividing land within the City.
(3) Draft for the Council an official map of the City and recommend or disapprove proposed changes in such map.
(4) Make or adopt a Zoning Plan and recommend or disapprove proposed changes to such plan. However, the Council may from time to time amend, repeal or adopt any or all provisions of the zoning ordinances, but no amendment, repeal or adoption shall be passed until the Council shall have held a public hearing thereon and shall have given at least fourteen (14) days' notice of the time and place thereof by advertising once in a newspaper of general circulation in the City. During said fourteen (14) day period, the text or a copy of the text of such amendment, repeal or adoption, together with the maps or plans or copies thereof, forming part of/or referred to in said ordinance, measure or regulation, shall be on file with the Clerk of Council for public examination, and a copy of the text of such amendment, repeal or adoption shall be placed or posted in a conspicuous place in the City Hall. For public notice of a meeting affecting zoning, the City Council will also, so far as is practicable, provide written notice to property owners or their agents within one thousand (1000) feet of the property being considered for rezoning.
(5) Submit annually to the Mayor and Council, not less than ninety (90) days prior to the beginning of the budget year, a list of recommended changes or capital improvements which in the opinion of the Commission are necessary or desirable to be constructed during the forthcoming two (2) year period. Such a list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year.
(6) Make and adopt plans for the clearing and rebuilding of blighted areas within the City.
(7) Promote public interest in and understanding of the master plan and of planning and zoning.
(8) Hold regular meetings open to the public in the Council Chambers of the City at least once every month with the day of the month to be determined by the Commission, but this must be done at the first meeting in January. After date is determined, then this date must be followed for the remainder of the year. The notification of the day and time shall be forwarded and made known to the Mayor and Council and posted for the benefit of all the City officials. Special meetings shall be held at the call of the Chairman when deemed necessary, subject to such provisions as provided by the rules of the Commission.
(9) Keep a public record of its resolutions, findings and determinations.
(10) The council shall approve or disapprove any action recommended by the Planning Commission of this article of the Charter within a period of 120 days following the official report thereof and receipt by the Council. Council’s failure to act on Planning Commission’s referral within the period of 120 days will cause said referral to be disapproved.
(d) Powers.
(1) Request information and require same to be furnished within a reasonable length of time from the other departments of the City in relation to its work.
(2) Within its budget appropriation, contract with appropriate consultants for such services as it may require.
(3) Request assistance from the Mayor, who, at his or her discretion, may assign to the Commission members of the staff of any administrative department or direct such department to make special studies requested by the Commission.
(4) In the performance of its functions enter any land and make examinations and surveys and place and maintain necessary monuments and marks thereon.
(5) Make and adopt a plan for the replanning, reconstruction or redevelopment of any area or district within the City which may have been destroyed in whole or part or seriously damaged by fire, earthquake, flood or any other disaster.
(e) Mandatory Referral. No public building, street, boulevard, parkway, park, playground, bridge, tunnel, publicly or privately owned utility or part thereof shall be constructed or authorized to be constructed in the City, nor shall any street, avenue, parkway, boulevard or alley be opened for any purpose whatsoever, nor shall any street, avenue, parkway, boulevard or alley be widened, narrowed, relocated, vacated, or its use changed, or any ordinance referring to zoning or other regulations controlling the use or development of land, be adopted unless and until it shall have been submitted to the Planning Commission for report and recommendation. Any matter so referred to the Planning Commission shall be acted upon by it within thirty (30) days from the date of referral unless a different period of time be provided by Council. If the Planning Commission shall fail to act within the time allotted, it shall be deemed to have approved such matter. Any resolution, ordinance or order disapproved by formal action of the Planning Commission shall require a vote of six (6) members of the Council for adoption or authorization.
(f) Funds. A sufficient sum shall be appropriated by the Council each year to carry out the planning and zoning provisions of this Charter.
(Amended 11-3-15; 11-6-18.)