(a) Composition and Procedure. The Planning and Zoning Commission shall consist of five (5) electors of the Municipality not holding other Municipal offices. On the first January 2nd following the effective date of this Charter, one (1) of the five (5) electors shall be appointed by the Council to serve a term of three (3) years, one (1) shall be appointed by the Council to serve a term of one (1) year, and one (1) shall be appointed by the Mayor to serve a term of three (3) years, and one (1) shall be appointed by the Major to serve a term of two (2) years. Thereafter, on each January 2nd (if January 2nd is a Sunday, then on January 3rd) and as the terms expire, appointments shall be made for a term of three (3) years by the respective appointing authorities for the position for which the term is expiring. No person shall serve as a member of the Planning and Zoning Commission at the same time the person is an employee or official of the Municipality.
A member of the Planning and Zoning Commission may be removed for just cause by the authority appointing the member to that position. A removed member shall not be eligible for reappointment to the Planning and Zoning Commission for a period of five (5) years following removal.
A vacancy occurring during the term of any member of the Planning and Zoning Commission shall be filled for the unexpired term in the manner authorized for an original appointment, providing this is done within forty-five (45) days after the date such vacancy occurs. If appointment is not made by the appropriate appointing authority within forty-five (45) days after the date such vacancy occurs, the other appointing authority shall make appointment to the Planning and Zoning Commission for the unexpired term.
(b) Organization. The Mayor shall establish the date, time and place for the first meeting each year, at which the Planning and Zoning Commission shall organize under a Chairman and Vice Chairman. The Mayor shall preside at this meeting until the Chairman is elected. The Planning and Zoning Commission shall establish its own rules of operation, and a record of its resolutions, findings and determinations shall be maintained. Meetings shall be held at the call of the Chairman and at such other times as the Mayor may determine. Meetings shall be opened to the public, and a record shall be kept showing the vote of each member in question. Also, any member of the Planning and Zoning Commission that has been absent from four (4) consecutive scheduled meetings of the Planning and Zoning Commission or a total of six (6) scheduled meetings of the Planning and Zoning Commission, during any twelve (12) month period, whether excused or not, is removed from membership on said Planning and Zoning Commission.
(c) Powers and Duties. The Planning and Zoning Commission shall have the power and duty to advise the Council concerning the preparation of plans and maps for the future physical development and harmonious improvement of such Municipality: the plan, design, location, removal, relocation and alteration of any building or structure and public property; the location, widening, extension area and other public places; the approval of plats for the subdivision of lands; the regulation and restriction of the location of buildings and other structures and of premises to be used for trade, industry, residence or other specified uses; the regulation and limitation of heights of buildings or other location of buildings or other structures to be erected or altered; including the percentage of lot occupancy, setback building lines, and the area of yards, courts and other open spaces; and such other powers and duties as may be imposed upon it by resolution or ordinance of Council.
The Chairman of the Planning and Zoning Commission or a member designated by the Chairman, shall attend meetings of Council for the purpose of informing the Council on matters before the Planning and Zoning Commission and explaining the recommendations of the Planning and Zoning Commission on matters before the Council.
The Planning and Zoning Commission shall have the power to hear and decide appeals for exceptions to, and variances in, the application of resolutions, ordinances, regulations, measures
and orders of administrative officials or agencies governing zoning and building in the Municipality, as may be required to afford justice and avoid unreasonable hardship. The subject of appeal shall be suspended until action is taken or decision rendered by such Planning and Zoning Commission.
A written appeal shall be submitted to the Planning and Zoning Commission within twenty (20) days after refusal or granting of the issuance of a zoning or building permit.
The Planning and Zoning Commission shall hold a public hearing on each appeal and shall give ten (10) days public notice of the time and place of said hearing. Said notice shall be given by one (1) publication in a newspaper of general circulation of said Village.
Written notice of said hearing shall be sent by the Planning and Zoning Commission by first class mail, at least ten (10) days prior to said public hearing to the owners of property within two hundred (200) feet of any part of the property which is subject of the appeal. Such written notice shall be mailed to the addresses of such owners as appears on the current tax duplicate of the County.
Each appeal filed with said Commission shall be heard within thirty (30) days of the filing of said appeal. The Council may overrule the recommendations of the Commission by three- fourths (3/4) vote of the full membership of the Council.
Any person, firm or corporation, or any officer, department, board or agency of the Municipality, or any interested elector of the Municipality who has been aggrieved or affected by any decision of the Planning and Zoning Commission may appeal from such decision to the Council of the Municipality by filing a notice of intent to appeal within five (5) days and filing a petition with the Clerk of Council within fifteen (15) days from the date of the decision and setting forth the facts in the case.
Council shall hold a public hearing on such appeal not later than thirty (30) days after such appeal has been filed with its Clerk. Council by an affirmative vote of a majority of its members shall decide the matter.
Upon the day for hearing any application or appeal, Council may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption or said hearings unless the Commission so decides.
A decision of Council shall not become final until the expiration of five (5) days from the date such decision is made, unless Council shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(d) Mandatory Referral to the Planning and Zoning Commission. Unless the Planning and Zoning Commission shall have recommended the same to Council, no resolution, ordinance, regulation, measure or order of Council concerning a matter as to which the Planning and Zoning Commission has powers and duties, as provided in subsection (c) hereof, shall become effective unless Council shall first have submitted the same to the Planning and Zoning Commission for report and recommendation.
Any matter so referred to the Planning and Zoning Commission shall be considered and acted upon by it within ninety (90) days from the date of referral, unless a longer time is authorized by Council.
If the Planning and Zoning Commission shall fail to act within the ninety (90) days, the applicant seeking action on the matter referred to the Planning and Zoning Commission may request the Council to act thereon without action from the Planning and Zoning Commission. If the Planning and Zoning Commission fails to act in the time allotted by Council, Council may act as if it had received a recommendation of approval in such matters.
(e) Public Hearings by Council. Council shall hold a public hearing on each resolution or ordinance enacting, amending or appealing zoning regulations and shall give thirty (30) days public notice of the time and place thereof by placing said notice in a newspaper of general circulation in said municipal corporation.
Written notice of the hearing shall be mailed by the Clerk of Council by first class mail at least twenty (20) days before the date of said public hearing to the owners of property within two hundred (200) feet of any part of the property which is the subject of the proposed resolution, ordinance or action. Such written notice shall be mailed to the addresses of such owners as they appear on the current tax duplicate of the County.
(f) Actions by Council. When the Planning and Zoning Commission makes a recommendation to Council for change in, or addition to, any Zoning Ordinance, Council shall study each such recommendation; and action shall be taken by Council within ninety (90) days after receiving said recommendation, in accordance with subsection (e) hereof, unless the Council votes, at its next regular meeting before expiration of the ninety (90) day period, for an additional sixty (60) day extension beyond the ninety (90) day period. If the period is so extended, Council shall take action on such recommendation prior to the expiration of such extension of sixty (60) days. After receiving from the Planning and Zoning Commission certification of the recommendations on the proposed amendment and after holding the above public hearing, the Council shall consider such recommendations and vote on the passage of the amendment to the text of the ordinance or the Zoning Map. The Council may overrule the recommendations of the Commission by three-fourths (3/4) vote of the full membership of the Council.
(Ord. 22-089. Passed 12-5-22.)