Article 25 — PLANNING COMMISSION AND ZONING ADMINISTRATOR

The purpose of the Planning Commission is to exercise the powers and duties prescribed by statute and ordinance and as assigned by the City Council. (Ord. 897-C-S, passed 10-25-94)

There is hereby created a City Planning Commission. (Ord. 897-C-S, passed 10-25-94)

The Planning Commission shall consist of seven members to be appointed by the Mayor and approved by the Council. To be eligible for such appointment or service on the Planning Commission, all appointees shall be citizens of the city and may hold no other municipal office in the city. (Ord. 897-C-S, passed 10-25-94)

The terms of office for all members of the Planning Commission shall be four years. Members shall serve until their successors are appointed and qualify. Members shall be limited to two full terms; and, if a member is appointed to complete an unexpired term, such person shall be eligible for appointment to two full terms. (Ord. 897-C-S, passed 10-25-94)

All vacancies on the Planning Commission or in its offices shall be filled according to the method of their original selection, and such new members or officers shall serve only the unexpired term of their respective predecessors.

(Ord. 897-C-S, passed 10-25-94)

At the last regular meeting of the Planning Commission in April of each year, the members of the Commission shall elect a Chairman and Vice-Chairman from among its members who will assume office at the first meeting in May.

(Ord. 897-C-S, passed 10-25-94)

(A) The rules of procedure pertaining to the City Council set forth in §§ 2-1.104 through 2-1.108 of Title 2 of this code shall also apply to the Planning Commission; however, a quorum of the Planning Commission shall be four or more members.

(B) Notwithstanding the above or any other provision of this code, the Planning Commission shall be deemed to have made a written recommendation of "refer to the City Council for review and possible action" on any agenda item to which all of the following applies:

(1) The Planning Commission's role is to make a recommendation to the City Council;

(2) The agenda item has been properly noticed and agendized;

(3) At least 60 days has passed since the initial public hearing date on the agenda item or if the initial public hearing date on the agenda item was prior to the effective date of this section, then at least 60 days has passed since the effective date of this section;

(4) A written request to city staff or the Planning Commission for an extension of time has not been made by an applicant, such as a developer, whose matter is the subject of the Planning Commission's public hearing; and

(5) The Planning Commission has not yet taken formal action to provide a written recommendation to the City Council relating to the agenda item.

Any findings or other information required by state law or this code regarding the agenda item shall be incorporated from the staff report accompanying the agenda item when the agenda item is forwarded to the City Council.

(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2198-C-S, passed 10-26-21)

(A) The Planning Commission shall have the authority to issue use permits and variances as well as make recommendations to the Council regarding proposed General Plan amendments, rezonings of property, final development plans, and other matters pertaining to land use planning and regulations.

(B) The Planning Commission furthermore may designate a Zoning Administrator and may delegate to the Zoning Administrator the ability to approve certain applications. These applications shall include use permits for planned developments which substantially conform to an established final development plan, variances which are not tied to projects requiring Planning Commission approval, use permits to occupy existing buildings, to construct projects determined to be minor and for second units, home occupation use permit requests for hearing, extensions of applications approved by the Zoning Administrator and/or the Planning Commission (with the exception of preliminary and final development plans), provided the extension would be in compliance with the prior approval and that circumstances related to the approval have not changed, administrative use permits, and any other approvals that the Planning Commission chooses to delegate to the Zoning Administrator.

(C) The Planning Commission shall assume all responsibilities of the Design Review Board as described in Article 26, Chapter 5, Title 9 and all references to the Design Review Board in this Municipal Code shall be deemed to be the Planning Commission.

(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2023-C-S, passed 4-14-09)

(A) Any decision made by the Planning Commission which would otherwise constitute final approval or denial may be appealed to the Council. Such appeal shall be in writing and shall be filed with the City Clerk within five working days after the decision. The day the decision is made shall not count in the calculation of the time period. The term WORKING DAY shall mean days upon which the City Hall is open for business and shall exclude weekends and holidays observed by employees in the City Hall.

(B) The Council acting through the City Clerk, shall set the date for a public hearing and shall give notice as set forth in this chapter.

(C) The Council shall render its decision within 60 days after the filing of such appeal, unless the time period is extended by stipulation of the appellant and the Council.

(D) All appeals to the Council from the Planning Commission shall be accompanied by a filing fee established by a resolution of the City Council. The City Clerk shall waive the filing fee upon satisfaction that the appellant is indigent.

(Ord. 897-C-S, passed 10-25-94)