12.1.

Creation. There is created a planning commission.

12.2.

Membership; term of office; compensation of members; vacancies. The planning commission shall be composed of seven members. Each member of the board of commissioners shall be entitled to appoint one member to the planning commission for a term of four years; however, initial appointment of the members shall be in accordance with the resolution adopting this section. Any vacancy in the membership of the planning commission shall be filled for the unexpired term in the same manner as the original appointment. The expiration of each district term shall be set forth herein and each new member shall be as follows: District (1) shall expire on 05/31/01, District (2) shall expire on 05/31/03, District (3) shall expire on 05/31/01, District (4) shall expire on 05/31/03, District (5) shall expire on 05/31/01, District (6) shall expire on 05/31/03, and the at-large member shall expire on 05/31/00. Future successors shall be appointed upon the expiration of the term for a term of four years. Any vacancies shall be filled for the unexpired term in the same manner as the initial appointments. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the planning commission. The members appointed shall be residents and citizens of the county. Any three members of the planning commission shall constitute a quorum.

12.3.

Officers; meetings; staff, finances. The county planning commission shall elect one of its appointive members as chairman, who shall serve for one year or until he is reelected or his successor is elected. A second appointive member shall be elected as vice-chairman, and he shall serve for one year or until he is reelected or his successor is elected. The planning commission shall appoint a secretary, who may be an officer or an employee of the board of commissioners or of the planning commission. The planning commission shall adopt rules for the actions, findings and determinations, which record shall be a public record. If any amounts are appropriated by the board of commissioners for the planning commission, the planning commission may cooperate with or accept funds from federal, state or local public or semipublic agencies or private individuals or corporations, and with consent of the board of commissioners may expend such funds, and may carry out such cooperative undertakings and other contracts as the board of commissioners may deem appropriate.

12.4.

Preparation of development regulations. It shall be the obligation of the county planning commission to oversee comprehensive surveys and studies of existing conditions and probable future developments and use their best efforts to prepare such plans for physical, social and economic growth as will best promote public health, safety, morals, convenience, property or general welfare, as well as efficiency and economy, in the development of the county. In particular, the planning commission should:

(a)

Oversee the preparation of a master plan or parts thereof for the development of the county.

(b)

Oversee the preparation and recommend for adoption to the board of commissioners a zoning ordinance or resolution and map for the county.

(c)

Oversee the preparation and recommend for adoption to the board of commissioners regulations for the subdivision of land within the county, and to administer the regulations that may be adopted.

(d)

Oversee the preparation and recommend for adoption to the board of commissioners a plat or an official map showing the location of the boundary lines of existing, proposed, extended, widened or narrowed streets, public open spaces or public building sites, together with regulations to control the erection of buildings or other structures within such lines, within the county or a specified portion thereof.

12.5.

Additional responsibilities. The planning commission may make, publish and distribute maps, plans and reports and recommendations relating to the plan and development of the county to public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens. It may recommend to the executive or legislative officials of the county programs for public improvements and financing thereof. All public officials should, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The planning commission, and its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys; provided, however, that the planning commission shall be liable for any injury or damage to property, resulting therefrom. In general, the planning commission shall have such powers as may be necessary to enable it to perform its functions and promote the planning of the county.

12.6.

Preparation of master plan. It should be the duty of the county planning commission to oversee the preparation of a master plan of the county and to perfect it from time to time. Such master plan may show, among other things, existing and proposed streets, highways, expressways, bridges, and viaducts and approaches thereto; routes of railroads and transit lines; terminals, ports and airports; parks, playgrounds, forests, reservations and other public open spaces; sites for public buildings and structures; districts for residence, business, industry, recreation, agriculture or forestry; special districts for other purposes; limited development districts for purposes of conservation, water supply, sanitation, drainage, renewal and redevelopment; location of public utilities, whether publicly or privately owned, including, but not limited to, sewerage and water supply systems; zoning districts and other planning features, together with time and priority schedules and cost estimates for the accomplishment of the proposals. The master plan should be based upon and include appropriate studies of the location and extent of present and anticipated population, social and economic resources and problems, and other useful data. Such plan may be adopted, added to and changed, from time to time, by a vote of the planning commission. It shall be a public record, but its purpose and effect shall be solely to aid the planning commission in the performance of its duties."

12.7.

Rules of procedure. The following procedure shall govern the conduct of business before the planning commission.

(a)

All hearings before the county planning commission shall be shall be open to the public. Visual and sound recordings shall be permitted.

(b)

Regularly scheduled meetings of the planning commission at such other times as the members of the planning commission may determine. All special meetings and rescheduled regular meetings of the planning commission shall be called either by the county planner or their respective designee, the chairman of the planning commission, or a quorum of the members of the planning commission. For purposes of this subsection, a quorum shall be defined as three members of the planning commission present and voting.

(c)

The planning 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 immediately filed in the office of county planner and shall be a public record. Nothing in this policy or procedure, however, shall require the planning commission to record or transcribe all testimony before it.

(d)

Members of the public shall not make inappropriate or offensive comments at a meeting of the planning commission and are expected to comply with the rules of decorum that are established for the individual members of the board. All comments by any speaker shall be directed to the planning commission and may not be directed to any other person in the audience. The chairperson shall have the right to call any speaker out of order for making irrelevant comments or personal attacks upon any person. An individual who violates the rules of decorum may be removed from the meeting at the direction of the chairperson.

(e)

In all proceedings before the planning commission, the commission shall follow the following format for conducting zoning inquires:

(1)

The chairman shall call for an item to be placed before the planning commission from the county planner or his/her designee.

(2)

The zoning applicant may make a presentation to the Commission.

(3)

The planning commission shall seek comments from all persons desiring to speak in favor of the proposed application for rezoning.

(4)

The planning commission shall solicit comments from all parsons opposed to the application for rezoning.

(5)

Reserved.

(6)

Reserved.

(7)

The planning commission shall ask questions of any speakers and/or the county staff to be deemed appropriate.

(8)

The planning commission shall conduct any appropriate discussion of the issues presented.

(9)

The planning commission shall take action upon the rezoning application and record the results of any votes upon the minutes of the planning commission.

(10)

For the purpose of calling and conducting meetings, for taking votes on any matters pending before the planning and zoning commission, and for any other action deemed necessary and appropriate and authorized by the planning and zoning ordinance, a quorum shall for all purposes expressed herein consist of three members of the planning and zoning commission present and voting.

(f)

In his/her discretion, the chairman shall at any time have the right to establish time limitations if needed due to excessively lengthy presentations or the length of the agenda. All comments by any speaker shall be directed to the planning commission and may not be directed to any other person in the audience. The chairman shall have the right to call any speaker out of order for making irrelevant comments or personal attacks upon any person.

12.8.

Grounds for removal. For the purpose of this section, any one or more of the following shall constitute a reason for removing a planning commission member "for cause."

(a)

Participating as a planning commissioner at any regular or called meeting of the planning commission under the influence of intoxicants, alcohol, or unprescribed or illegal drugs or using, possessing or for selling the same.

(b)

Charge and accusation for a misdemeanor which would adversely affect performance of duties as planning commissioner.

(c)

Conduct unbecoming a planning commissioner, including, but not limited to, demeaning conduct or use of profanity or vulgar language during any open public meeting of the planning commission.

(d)

Indictment of a felony.

(e)

Unauthorized use of county property, county telephones or other county communication equipment.

(f)

Filing false expense reports.

(g)

Two absences from planning commission meetings within a six-month period.

(Res. of 2-8-00(1), § 1; Ord. of 10-16-01(1), § 1; Res. of 6-17-08(1))

12.9.

Conditional uses.

1.

Procedure—Contents. Prior to processing of any application for a conditional use permit, the applicant, (herein defined as a person or entity other than a local government), shall be required to file documentation and follow certain procedures as set forth in this section. The applicant shall be required to file an application with the office of community development containing the following:

a.

An appropriate number of copies of a completed application shall be filed on forms prescribed by the office of community development.

b.

The notarized signatures of the applicant and at least 51 percent of all record titleholder(s) shall appear upon the application. In addition, persons having a security interest in the subject property must consent to the application.

c.

The nonrefundable application fee which has been established by resolution of the board of commissioners shall be paid. A copy of the fee schedule shall be maintained for public inspection in the office of community development.

d.

The applicant shall submit a current boundary survey and plat plan, to scale, prepared by a registered surveyor or registered engineer. In the alternative, the applicant may present other similar drawing, sketch, or plans that properly identifies the boundaries and planned development. Such development plan may also include such other information thereon as may be required by the county planner, or their designee, including preliminary plans for development, building locations, parking areas, access points, adjacent streets, land lot lines, buffer areas, any future right-of-way, wet areas, flood plains, utilities and stormwater retention.

e.

The applicant shall submit any other information required by the county planner, or their designee or other county departments which they deem necessary or desirable in processing the application, which is related to the present or proposed use of the property.

2.

Upon receipt of an application for a conditional use permit the planning and zoning commission shall hold a public hearing for review of the application.

3.

All applications for conditional use permits before the planning and zoning commission and board of commissioners shall be advertised in the same manner as applications for rezoning, and public hearings will be held thereon in the same manner as applications for rezoning are conducted.

4.

A recommendation concerning the application for a conditional use permit shall be made to the board of commissioners by the planning and zoning commission.

5.

The board of commissioners may grant conditional use permits for the uses enumerated in the designated districts.

6.

The board of commissioners may grant conditional use permits for any period of time in the discretion of the board of commissioners.

7.

In addition to general district, the board of commissioners shall consider, at a minimum, the following in its determination of whether or not to grant a conditional use permit:

a.

Whether, or not there will be a significant adverse effect on the neighborhood or area in which the proposed use will be located.

b.

Whether or not the use is otherwise compatible with the neighborhood.

c.

Whether or not the use proposed will result in a nuisance as defined under state law.

d.

Whether or not quiet enjoyment of surrounding property will be adversely affected.

e.

Whether or not property values of surrounding property will be adversely affected.

f.

Whether or not adequate provisions are made for parking and traffic considerations.

g.

Whether or not the site or intensity of the use is appropriate.

h.

Whether or not special or unique conditions overcome the board of commissioners' general presumption that residential neighborhoods should not allow noncompatible business uses.

i.

Whether or not adequate provisions are made regarding hours of operation.

j.

Whether or not adequate controls and limits are placed on commercial and business deliveries.

k.

Whether or not adequate landscape plans are incorporated to ensure appropriate transition.

l.

Whether or not the public health, safety, welfare or moral concerns of the surrounding neighborhood will be adversely affected.

m.

Whether the applicant can vary from any minimum required lot size requirement.

8.

The governing authority shall make a decision with respect to the application and record the decision in the minutes for that meeting. The governing authority shall include any condition, requirement or limitation which may be necessary to carry out the provisions of this chapter. Further appeal on certiorari may be made to the county superior court.

Editor's note— Res. of 2-8-00(1), § 1, repealed and replaced § 102-12 in its entirety. Former § 102-12 pertained to "Planning and zoning commission," and was derived from Ord. of 7-14-98(2), § 12.0.