In addition to the stated responsibilities and duties in the City’s Charter, the Planning and Zoning Commission (hereinafter referred to as the “Commission”) shall be responsible for the following:
(a) 
Hear testimony on behalf of applicants and consider the facts, findings, and recommendation of the Zoning Official;
(b) 
Consider the interests of the public related to the public health, safety, morals and general welfare;
(c) 
Identify the appropriateness of requested map and text amendments considering conformance with the adopted zoning regulations, official zoning district map, and land use policies;
(d) 
Make recommendations to the City Council, in the form of a final report, related to approval or denial of an application;
(e) 
Perform other such duties and be vested with such powers as the City Council shall from time to time prescribe.
(f) 
Composition,appointment.
The Commission shall consist of six (6) regular members and any number the Commission chooses as alternate members. The Chairperson is to be appointed by the City Council.
(1) 
The six (6) regular members shall be composed of a Chairperson, Vice-Chairperson; Secretary and three (3) members.
(2) 
The Chairperson, or in her/her absence, the Vice-Chairperson, shall conduct and preside over the meetings.
(3) 
An alternate member shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Manager. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. A vacancy among the alternate members is filled in the same manner as a vacancy among the regular members.
(g) 
Terms, filling vacancies.
Each appointment of a member of the Commission shall be for a two-year term. Any vacancy due to death, resignation, or other reason shall be replaced by an appointee selected in the manner provided herein as soon as practical after such vacancy. Such appointment shall be for the unexpired term of office.
(h) 
Meetings.
The Commission shall hold regular monthly meetings and may call any special meetings necessary to conduct business. The meetings shall be held in accordance with the State open meeting law and proper notice of meetings posted as required.
(i) 
Officers.
The Vice-Chairperson and Secretary of the commission shall be elected from the commission by a majority vote of a quorum of the Commission once every year. Should a vacancy occur, for whatever reason, in either the position of vice-chairperson or secretary of the commission, such vacancy shall be filled by a majority vote of a quorum of the Commission at the next meeting immediately following such vacancy. Such term shall be for the remainder of the unexpired term.
(j) 
Attendance at meetings.
The members are required to attend all regular and special called meetings of the Commission. Should any member miss three (3) consecutive regular meetings, such member may be removed, with a majority vote of the Commission.
(k) 
Public hearings.
The Commission shall hold public hearings as required by law and at the request of the City Council. The Chairperson of the Commission shall conduct and preside over such meetings. The meeting shall be conducted in a public place and with members of the Commission present.
(Ordinance 6051-12 adopted 5/17/12)
An application for an amendment to the text of this Ordinance or the Official Zoning District Map may be initiated by the Commission, City Council, or by a owner filing a complete application with the Zoning Official.
(Ordinance 6051-12 adopted 5/17/12)
A complete application for amendment of the text of this Ordinance or the official zoning district map shall be submitted to the Zoning Official in a form established by the City. No application shall be processed until the established fee has been paid and the application has been deemed complete by the Zoning Official. No application or fee shall be required when the amendment is proposed by the Commission or City Council.
If an application for a zoning change is not submitted by the owner of the property under consideration, a notarized letter from the owner authorizing said applicant to act as the agent on behalf of the owner is required. A owner application shall include, but is not limited to, the following information:
(a) 
Name, address, and telephone number of applicant(s), owner(s), and agent(s);
(b) 
A statement of the reasons why the amendment is being requested;
(c) 
Legal description of the property that is the subject of the proposed amendment;
(d) 
Filing fee, as established by the City Council; and
(e) 
Other information or documentation necessary to process the application, as required by the Zoning Official, Commission, and/or City Council.
(Ordinance 6051-12 adopted 5/17/12)
The Zoning Official, Commission, or City Council may require an applicant for map amendments to submit such technical studies as may be necessary to enable the commission or City Council to evaluate the application. Required studies may include, but are not limited to, traffic studies, engineering studies, noise studies or economic impact reports. The costs of all studies shall be borne by the applicant. The person or firms preparing the studies shall be subject to the approval of the City.
(Ordinance 6051-12 adopted 5/17/12)
The Zoning Official or the Commission may establish submission deadlines for materials required in support of any application submitted under this Ordinance. Compliance with such deadlines shall be required in order to have the application placed on the Commission’s agenda.
(Ordinance 6051-12 adopted 5/17/12)
Public notice of hearings held before the Planning and Zoning Commission or Zoning Board of Adjustment, unless otherwise required by law, shall be given as follows:
Mailing. Before the 10th day before the date of the public hearing, written notice of the time and place of a public hearing for a change in district boundary shall be sent by the applicant to each owner, as indicated by the most recently approved municipal tax roll, of real property within two hundred (200) feet of the property on which a change in classification is proposed. The mailed notice shall be given by certified mail, return receipt requested, and shall be in letter form, stating the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the proposed change, and a statement explaining that the public may be heard at the public hearing. When notice has been properly addressed and mailed by the applicant, failure to receive mailed notice shall not invalidate any action taken on the application. Prior to the public hearing, the applicant shall file with the Zoning Official the returned receipts from the certified mailings and an affidavit stating the names and addresses of the persons to who notice was sent; failure to submit the affidavit prior to the hearing may result in a continuance of the hearing.
Posting of Signs. Notice of required public hearings on landowner applications for a zoning reclassification, a Special Use Permit, or a variance shall also be provided by way of a sign posted at least ten (10) days before the date of the public hearing on the land that is the subject of the application. One sign shall be posted by the applicant for each two hundred (200) feet of frontage along a public street, with a maximum of three (3) signs required per frontage. Signs shall be located so that the lettering is visible from the street. Where land does not have frontage on a public street, signs shall be posted on the nearest public street with a notation indicating the location of the land subject to the application. The sign shall be furnished by the City to the applicant, and the applicant shall maintain the sign for at least ten (10) days immediately preceding the date of the public hearing. The applicant shall provide visual proof at the time of the public hearing verifying that the sign was posted as required by this section. The provisions of this paragraph shall not apply to any application initiated by the commission or the City Council.
(Ordinance 6051-12 adopted 5/17/12)
The Commission shall, after due notice in accordance with Section 830.5 [830.6], conduct a public hearing on the proposed amendment. At the public hearing the Commission shall consider the application, the relevant supporting materials, and all comments and written materials submitted at the public hearing.
(Ordinance 6051-12 adopted 5/17/12)
The Commission may give consideration to the following criteria, to the extent pertinent to the application. In addition, other factors may be considered which may be relevant to the application.
(a) 
Conformance of the proposed zoning classification with the City’s land use policies.
(b) 
The character of the neighborhood.
(c) 
The zoning and use of nearby properties, and the extent to which the proposed zoning and use would be compatible.
(d) 
The suitability of the property for the uses permitted by right in the proposed zoning district.
(e) 
The extent to which approval of the application would detrimentally affect nearby properties.
(f) 
The extent to which the proposed use would affect the capacity or safety of that portion of the street network, other public facilities or utilities, or present parking problems in the vicinity of the property.
(g) 
The extent to which approval of the application would harm the value of nearby properties.
(Ordinance 6051-12 adopted 5/17/12)
After the public hearing, the Commission shall adopt and transmit a final report to the City Council recommending approval or denial of the request. A tie vote on a request for an amendment to the official zoning district map is deemed to be a recommendation for denial.
(Ordinance 6051-12 adopted 5/17/12)
After receiving the final report of the Commission, the City Council shall hold a public hearing on the amendment request, for which notice of the time and place of the hearing has been published in the official newspaper before the 15th day before the date of the hearing date. After the close of the public hearing, the City Council may approve or deny the request, return it to the Commission for further consideration, or take whatever other action the City Council deems appropriate.
(Ordinance 6051-12 adopted 5/17/12)
If a proposed change in a zoning regulation or classification is protested in accordance with the provisions below, such change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the City Council. A protest filed under this section must be written and signed by the owners of at least twenty percent (20%) of either:
(a) 
The area of the lots or land covered by the proposed change; or
(b) 
The area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area.
In computing the percentage of land, the area of streets and alleys shall be included.
(Ordinance 6051-12 adopted 5/17/12)
The City Council may call and hold a joint public hearing with the Commission on a request for a text or official zoning district map amendment as provided by State law. In case of a joint hearing, the City Council shall not act on the request until it receives the final report of the Commission on the matter. A two-thirds (2/3) majority of City Council may prescribe the type of notice to be given of the time and place of a joint public hearing.
(Ordinance 6051-12 adopted 5/17/12)