A. Jurisdiction; Restrictions:
1. The commission shall act as an appeals commission for the enforcement and regulation of the provisions of this title and shall have the following powers:
a. To hear and decide appeals from and review any order, requirement, decision or determination made by the administrator or building official in the enforcement of this title.
b. To hear all petitions for change of zoning or for variation of this title, or for the provisions hereof, and applications for special use permits and shall submit its recommendations, based upon findings of fact, to the board.
2. The commission shall further have the powers and duties as follows:
a. To recommend to the board, from time to time, such changes in the comprehensive plan, or any part thereof, as may be deemed necessary.
b. To prepare and recommend to the board, from time to time, plans and/or recommendations for specific improvement pursuant to the comprehensive plan.
c. To cooperate with municipal, other county or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area.
d. To carry out the duties accorded to it by the land subdivision control provisions of the county 2 .
3. The commission shall have no authority to authorize any special use, amendment or variance of this title.
B. Quorum: A quorum of a majority of the appointed members of the commission must be present to hold a lawful meeting. The concurring vote of the majority of the members at such meeting shall be necessary to recommend any special use, variance or change of zoning or to reverse any order, requirement or decision of the administrator or building official.
C. Failure To Act: In the event that a majority of a quorum of the members of the commission at a lawful meeting held for the purpose of action on an appeal, amendment, rezone, variance or special use permit does not recommend passage of said appeal, amendment, rezone, variance or special use permit within forty five (45) days after such meeting, then it shall be deemed that the commission recommends denial to the board.
D. Conflict Of Interest: A member or employee of the board or commission shall not participate in any proceeding or action when the member or his employer, business partner, business associate or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. A knowing violation of this subsection shall constitute a misdemeanor. Any member with a conflict of interest will not take part in the proceedings or deliberations. However, a member choosing not to participate does not affect the quorum. (Ord. 51, 9-2-2003)
Notes
| 1 | 2. See also title 1, chapter 7 of this code. |
| 2 | 1. See title 6 of this code. |