A planning and zoning commission composed of seven (7) members is hereby established for the city. The members shall be residents, citizens, taxpayers, and qualified voters of the city, each of whom shall be nominated for appointment by the mayor or by a city council member and approved by a simple majority vote of the full city council before becoming a member of the commission. Commission members shall serve for a term of two (2) years and expiration of terms shall be staggered so that an overlapping of terms occurs. Three (3) members shall have terms ending in even-numbered years and four (4)members shall have terms ending in odd-numbered years. The three members holding office at the time of the passage of the ordinance from which this section derives shall continue to hold their respective offices until the term of office for which they were appointed expires in 2014, and the four members appointed to the commission in 2013 shall hold their respective offices until the term of office for which they were appointed expires in 2015.
(Ordinance 13-12, sec. 2, adopted 7/2/13)
In the event of a vacancy in a current term, the appointment shall be for the unexpired term only. All expired terms shall be filled for the term of two (2) years in the same manner as provided for in the original appointments.
(2003 Code, sec. 14.102)
Members of the commission serve at the will and pleasure of the city council. Any member may be removed before that member’s term of office expires.
(Ordinance 13-12, sec. 3, adopted 7/2/13)
(a) 
A majority of the members of the commission shall constitute a quorum for the transaction of any business before the commission.
(b) 
The affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation or resolution of the planning and zoning commission.
(2003 Code, sec. 14.105)
The planning and zoning commission shall elect a chairperson and vice-chairperson from its membership at the first meeting. They shall serve for a term of two (2) years. The vice-chairperson shall preside in the absence of the chairperson. The city secretary or an authorized representative shall be secretary of the planning and zoning commission. If the city council shall later create the office of zoning administrator, the zoning administrator shall serve as the ex officio member of the planning and zoning commission. The chairperson and vice-chairperson shall have the power to vote on any business presented before the planning and zoning commission.
(2003 Code, sec. 14.106)
(a) 
All meetings of the planning and zoning commission shall be open to the public. The commission shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the city secretary and shall be a public record. The city secretary shall be the custodian and possessor of the records and minutes of the planning and zoning commission.
(b) 
Meetings of the planning and zoning commission may be held as often as necessary to conduct the business coming before the commission at the call of the chairperson and at such other times as the commission may determine.
(c) 
Whenever a public hearing is closed, it shall be proper for the commission to take the matter under advisement and announce its decision at some subsequent meeting which is open to the public. No hearing, however, will be continued without setting a definite date when such hearing will be resumed where a matter is taken under advisement. When the planning and zoning commission reaches its final decision on any zoning change hearing, it shall make its recommendation in writing to the city council for approval or denial for such zoning change request.
(2003 Code, sec. 14.107)
The planning and zoning commission shall from time to time, either at its discretion or as requested by the city council, submit its reports, plans and recommendations for the orderly growth, development and welfare of the city and shall perform other duties as may be prescribed by ordinance or state law, or as follows:
(1) 
To recommend the boundaries of the various districts and appropriate regulations to be enforced therein under this division, the ordinances of the city or the laws of the state and to recommend approval or denial of zoning changes and regulations under this division, the ordinances of the city or the laws of the state;
(2) 
To hear, recommend or determine any matter relating to zoning, planning or subdivision control as may be specified or required under this division, the ordinances of the city or the laws of the state;
(3) 
Have the power and it shall be the commission’s duty to make and recommend for adoption a master plan, as a whole or in parts, for the future development and redevelopment of the city, its extraterritorial jurisdiction and outlying environs, and shall have power and it shall be its duty to prepare a comprehensive plan and ordinance for zoning the city in accordance with the laws of the state; and
(4) 
To exercise such duties and powers as may be now or hereafter conferred by this division, the ordinances of the city or applicable laws of the state.
(2003 Code, sec. 14.108)
(a) 
The planning and zoning commission shall have the power to employ such qualified persons as may be necessary for the proper conduct and undertakings of the commission, and to pay for their services and such other necessary expenses; provided that the cost of such services and expenses shall not exceed the amount appropriated by the city council for the use of the commission.
(b) 
It may also request from the city council expenses that may be necessary for the commission members to attend various meetings and seminars relating to the area of the planning and zoning commission for the education of said members.
(c) 
The commission shall also have the power to make rules, regulations and bylaws for its own government, which shall conform as nearly as possible with those governing the city council and shall be subject to approval by the city council.
(2003 Code, sec. 14.109)
A filing fee in the amount established in appendix A of this code for each property owner notified who are owners of real property lying within two hundred (200) feet of the property on which the appeal is made shall be collected by the city when the application for appeal is filed with the city. The fee shall be paid in advance and shall be nonrefundable, and no action of the city shall be valid until the fee has been paid to the city.
(2003 Code, sec. 14.110; Ordinance adopting Code)