Chapter 17.03 — CITY PLANNING COMMISSION

A.

City Planning Commission and Landmarks Preservation Advisory Board. The membership and organization of the City Planning Commission and Landmarks Preservation Advisory Board, shall be as prescribed in this code and Ordinance Nos. 192 and 8883 C.M.S., as amended respectively, including, but not limited to the amendments made by Ordinance No. 6485 C.M.S., and their powers shall be as prescribed in said ordinances and in this code. Unless expressly stated therein, neither the adoption of this code nor any amendments thereto, nor the repeal of any ordinance, shall in any manner affect the organization of the City Planning Commission or Landmarks Preservation Advisory Board as existing on the effective date hereof. Unless expressly stated otherwise, all persons holding office on said Commission or Board under any provision repealed by the ordinance codified in this title shall continue to hold such office according to the former tenure thereof.

B.

Abolition of Board of Adjustments. The Board of Adjustments is abolished; provided, however, that all matters pending before the Board of Adjustments on the effective date of this Section shall be heard and determined by the Board, or by the City Council in cases of appeal, in the same manner in effect prior to the effective date.

C.

Affirmative Action. To the extent practicable, Commission and Board appointments shall be made in accordance with the City's affirmative action policies.

D.

Geographic Diversity. To the extent practicable, Commission and Board appointments shall reflect the geographical diversity of the City.

E.

Councilmember Recommendations. In making Commission and Board appointments, the Mayor shall accept for consideration recommendations for appointments offered by each Councilmember. Councilmembers must submit recommendations to the Mayor for consideration at least thirty (30) days prior to expiration of an existing Commission or Board member's term.

F.

Staggered Terms. Commencing with the effective date of the ordinance codified in this Section, Commission and Board members shall be appointed to staggered terms, such terms to commence upon the date of appointment, except that an appointment to fill a vacancy shall be only for the unexpired portion of the term.

G.

Length of Terms. Except for the initial appointments made immediately following passage of the ordinance codified in this Section, which may be for lesser terms of two (2) years or one (1) year in order to establish staggered terms pursuant to Subsection F. of this Section, all appointments shall be for a period of three (3) years.

H.

Limit on Consecutive Terms. Commencing with the effective date of the ordinance codified in this Section, no person shall serve more than two (2) consecutive terms as a member of the Commission or Board. Members of the Commission or Board sitting on the effective date of the ordinance codified in this Section shall not be appointed to serve more than one additional consecutive term as a member of the Commission or Board.

In the event an appointment to fill a vacancy has not occurred by the conclusion of a Commission or Board member's term, that member may continue to serve as a member of the Commission or Board during the following term in a holdover capacity for a period not to exceed one year, to allow for the appointment of a Commission or Board member to serve the remainder of such following term.

I.

Removal. To assure participation of Commission and Board members, attendance by the members of the Commission and Board at all regularly scheduled and special meetings of the Commission and Board shall be recorded, and such record shall be provided semiannually to the Office of the Mayor for review. A member may be removed pursuant to Section 601 of the City Charter. Cause for removal shall include, among other things, conviction of a felony, misconduct, incompetency, inattention to or inability to perform duties, absence from three (3) consecutive regular meetings, or, for members of the Commission's Residential Appeals Committee, absence from three (3) consecutive regular meetings of the Committee, except, in the case of absences, on account of illness or when absent from the City by permission of the Commission or Board.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12376 § 3 (part), 2001; Ord. 12054 § 1(d), 1998; Ord. 11776 §§ 1—3, 1995; prior planning code § 2)

The City Planning Commission shall have and exercise the following powers. It shall be advised and assisted in the exercise of these powers by the Landmarks Preservation Advisory Board.

A.

Regulatory Protection. As specified in the Zoning Regulations, the Commission may recommend structures, other physical features, sites, and areas to be given regulatory protection, and in certain cases shall review development proposals where such protection has been established by the City Council.

B.

Contracts with Property Owners. The Commission may negotiate with owners of properties having special characteristics for, and may recommend to the City Council the approval of, contracts to restrict the use of such property and to retain such characteristics.

C.

Recognition of Merit. The Commission may establish and maintain a list of structures, other physical features, sites, and areas considered deserving of official recognition although not given regulatory protection. The list may also include facilities, sites, or areas which are given regulatory protection. The purposes of the list shall be to recognize the merit of and encourage the protection, enhancement, perpetuation, and use of such structures, other physical features, sites, and areas. For these purposes, the Commission may authorize such steps as it deems desirable, including but not limited to the issuance of certificates of recognition and the authorization of plaques. The Commission, through the Director of City Planning, shall coordinate these efforts with any similar efforts of appropriate governmental agencies and private groups interested in preservation.

D.

Inventory and Evaluation. The Commission may carry out or assist or encourage studies and programs designed to identify and evaluate structures, other physical features, sites, and areas which are worthy of preservation. It may inspect and investigate structures, other physical features, sites, and other areas which it has reason to believe may be worthy of preservation.

E.

Consultation. The Commission may consult with, advise, and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in preservation.

F.

Information and Advice. The Commission may disseminate information to the public concerning worthy structures, other physical features, sites, and areas. It may encourage and advise property owners in the protection, enhancement, perpetuation, and use thereof.

G.

Other Powers. The Commission may consider methods other than those described above for encouraging and achieving preservation of worthy structures, other physical features, sites, and areas. It may explore means of financing the restoration or maintenance thereof. It may make appropriate recommendations on the general subject of preservation to the City Council, other public and private agencies and bodies, and the general public.

H.

Relationship to Powers of Director of City Planning and Others. This Section is not intended to restrict the powers and duties otherwise pertaining to the Director of City Planning, or to other city officers or bodies,

in the field of preservation. They shall have the powers and duties assigned to them by the Zoning Regulations, by other codes and ordinances, by the City Charter, or by valid administrative authority.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 1(d), 1998; prior planning code § 3)

In addition to the powers and duties of the City Planning Commission as specified at Sections 17.03.010 and 17.03.020, the City Planning Commission shall have and exercise the following powers and duties:

A.

Guidelines. The Commission may adopt, or may authorize the director of City Planning to adopt, reasonable guidelines for the administration, interpretation, or requirements or this code or portions of this code.

B.

Status Reports. The Commission shall submit regular status reports to the City Council committee designated as liaison to the Commission. The regular status reports must be submitted at least once a year, or more frequently if directed by the chairperson of the City Council committee to which the Commission reports.

C.

Detailed Descriptions. Status reports submitted in fulfillment of Subsection B. of this Section must include a detailed description of operating and staffing needs, to be developed and maintained by the department responsible for staffing and administration of the Commission.

D.

City Council Goals. Each year, the Commission shall review the annual goals and objectives of the City Council. Review of City Council goals and objectives shall be undertaken to provide the Commission the opportunity to better integrate the activities of the Commission with the city's overall goals and objectives.

E.

City Council Approval of Standing Committees. City Council approval must be obtained prior to the creation of any standing committee of the Commission. A proposal to create a standing committee of the Commission must include information regarding the costs associated with staffing the standing committee, and the costs of complying with noticing and reporting require resulting from the establishment of any such standing committee of the Commission.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 1(d), 1998; Ord. 11776 § 4, 1995: prior planning code § 4)

There is created a Residential Appeals Committee of the City Planning Commission consisting of three (3) members of the Commission. The Committee shall decide all appeals of decisions by the Director of City

Planning as set forth in the Zoning Regulations. The method for appointing Committee members and the length of Committee members' terms shall be as set forth in the Commission's Rules of Procedure.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12376 § 3 (part), 2001)