(1) 
There is hereby established a Planning and Zoning Commission, which shall consist of not less than seven (7) members who shall be appointed by the City Council to staggered terms of two (2) years in accordance with the existing zoning ordinance. Any vacancy occurring during the unexpired term of a member shall be filled by the City Council for the remainder of the unexpired term. After being duly appointed, the Commission shall elect from its members a Chairman, Vice Chairman and Secretary to serve for one (1) year beginning in that month. Members of the Commission may be removed, with or without cause, by an affirmative vote of a majority of the full membership of the City Council.
(2) 
The Commission shall meet regularly at such dates and times as may be prescribed by ordinance, resolution or order. The Commission shall keep minutes of its proceedings which shall be of public record. The Commission shall serve without compensation.
(3) 
Four (4) voting Commission members shall constitute a quorum for the purpose of transaction of business.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
(1) 
The Commission shall be responsible to and act as an advisory board to the City Council. The Commission shall:
(A) 
Review all current and proposed ordinances and amendments pertaining to planning and zoning and make recommendations to the City Council for action to be taken;
(B) 
Make proposals to the City Council to amend, extend and add to the Comprehensive Plan for the physical development of the City;
(C) 
Keep public records of its resolutions, findings and determinations; and
(D) 
Review plats, site plans, landscape plans, and zoning requests and make recommendations to the City Council for their final approval of same.
(2) 
The Commission shall have full power to:
(A) 
Exercise the authority of the Commission as provided by state law, this Charter and City ordinances;
(B) 
Make reports and recommendations relating to the Comprehensive Plan and development of the City; and
(C) 
Approve plats, site plans and landscape plans if it has been given that authority by the City Council.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
(1) 
All rules and regulations adopted by the Commission shall be forwarded in writing to the City Manager who shall submit them to the City Council with the City Manager’s recommendations. The City Council may amend, adopt or reject any such rules or regulations. If any rules or regulations should be rejected, the Commission may modify them and submit such modified rules and recommendations to the City Council for consideration.
(2) 
Should any person on the Commission have a conflict of interest, pursuant to any state laws and/or City ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the Commission, he or she shall openly declare same before discussion proceeds, file any required affidavit, disclose such interest to the other members of the Commission, and he or she shall thereby be prohibited from discussing and voting on the item, and such person is not considered as present and voting for the purposes of the tally of votes. Commission Members who have a conflict of interest are considered present for purposes of constituting a quorum.
(3) 
Should any person on the Commission choose to abstain from voting on any question before the Commission, where no conflict of interest exists, as identified in Section 9.03(2) the person’s vote shall be recorded as a negative vote.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
(1) 
The Comprehensive Plan shall include, but not be limited to, the Future Land Use Plan, the Thoroughfare Plan, and Parks and Open Space Plan. The Commission shall seek input from all appropriate boards and commissions in the development of the Comprehensive Plan. Additions to and amendments of the Comprehensive Plan shall be by ordinance or resolution, but before any such revision, the Planning and Zoning Commission shall hold at least one (1) public hearing on the proposed action.
(2) 
A copy of the proposed revisions to the Comprehensive Plan shall be forwarded to the City Manager who shall submit the proposal to the City Council, together with the City Manager’s recommendations, if any. The City Council shall hold a public hearing and shall adopt or reject such proposed revision or any part thereof as submitted within sixty (60) days following its submission by the City Manager. If the proposed revisions or any part thereof are rejected by the City Council, the City Council may request the Planning and Zoning Commission to make other modifications and again forward it to the City Manager for submission to the City Council.
(3) 
Following the adoption by the City Council of the Comprehensive Plan, and any revisions thereto, it shall serve as a guide for all future City Council action concerning land use and development regulations and expenditures for capital improvements. Any proposal which deviates from the Comprehensive Plan shall not be authorized until and unless the location and extent thereof shall have been submitted to and approved by the Commission. In case of denial of the request to deviate from the Comprehensive Plan, the Commission shall communicate its reasons to the City Council, which shall have the power to overrule such denial with a vote of a majority of the full membership of the City Council, and upon such overruling, the City Council or the appropriate office or department shall have authority to proceed.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
(1) 
The City Council shall appoint a Board of Adjustment. The City Council shall, by ordinance, provide standards and procedures for such Board to hear and determine appeals of administrative decisions, petition for variances in the case of peculiar and unusual circumstances which would create a hardship and prevent the reasonable use of land, and such other matters as may be required by the City Council or by law. Appointment and removal of members of the Board of Adjustment shall be in accordance with the provisions of Article VIII, Section 8.01(2) of this Charter and state law.
(2) 
The Board shall consist of seven (7) members who shall be appointed by the City Council to staggered terms of two (2) years.
(3) 
Each case before the Board of Adjustment shall be heard by not less than seventy-five percent (75%) of the members. The concurring vote of seventy-five percent (75%) of the members shall be required to reverse an order, requirement, decision or determination of an administrative official; decide in favor of an applicant on a matter on which the Board is required to pass under a zoning ordinance; or authorize a variation from the terms of the zoning ordinance.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)