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Danville City Zoning Code

ARTICLE 14

- PLANNING COMMISSION

A.- Purpose.

The Planning Commission is established to advise the City Council on all matters related to the orderly growth and development of the City of Danville. It shall approve or disapprove the location, character and extent of all public facilities in the City. More specifically, the Planning Commission, with the advice and assistance of the Director of Planning/Zoning Administrator and City staff, shall:

1.

Prepare and recommend a Comprehensive Plan for the physical development of the City and to review and update said plan at least once every five (5) years in accord with the requirements of the Code of Virginia.

2.

Prepare and recommend amendments to the Zoning Ordinance.

3.

Prepare and recommend amendments to the Subdivision Ordinance.

4.

Prepare and recommend amendments to a Capital Improvement Program.

5.

Prepare and recommend amendments to an Official Map for the City.

6.

Review and make recommendations on all amendments to the Official Zoning Map of the City.

7.

Review and make recommendations on applications for special exceptions, variances and appeals filed with the Board of Zoning Appeals, and, when deemed necessary, to attend Board of Zoning Appeals hearings on behalf of the City.

8.

Review and approve preliminary and final site plans when requested by the Director of Planning/Zoning Administrator and where otherwise in accord with the administrative processes contained in this ordinance.

9.

Approve or disapprove the general or approximate location, character and extent of streets, parks or other public areas, public buildings, public structures, public utilities, or public service corporations other than railroads, whether publicly or privately owned.

10.

Coordinate with and review the actions of other committees, boards and commissions which may be duly commissioned to consider or make recommendations on matters related to zoning, land use, capital improvements or comprehensive planning in the City.

(Ord. No. 2004-02.04, Art. 14, § A, 2-17-04)

B. - Authority and Establishment.

The Planning Commission was established in conformance with a resolution adopted by the City Council pursuant to the provisions of the Code of Virginia. The Planning Commission heretofore established shall continue as the Planning Commission for the purpose of this Ordinance.

(Ord. No. 2004-02.04, Art. 14, § B, 2-17-04)

C. - Membership of the Planning Commission.

1.

The Planning Commission shall consist of not less than five (5) nor more than fifteen (15) members, appointed by the City Council, all of whom shall be residents of the City, qualified by knowledge and experience to make decisions on matters of community growth, land use and development; provided that at least one-half (1/2) of the members so appointed shall be freeholders. Members are appointed at-large.

2.

Members shall be appointed for four (4) years and terms of appointment shall be staggered. Members of the Planning Commission may receive such compensation as may be authorized by the City Council.

3.

Any vacancy in membership shall be filled by appointment by the City Council. It shall be for an unexpired term only. Any appointed member may be removed by the City Council for misfeasance, malfeasance or nonfeasance in office.

(Ord. No. 2004-02.04, Art. 14, § C, 2-17-04)

D. - Officers.

1.

The officers of the Planning Commission shall consist of a Chairman, a Vice-Chairman, and a Secretary from its membership.

2.

The officers of the Planning Commission shall be elected from the membership for a one (1) year term by the Commission at its first regular meeting after January 1 each year; provided, however, if an appointment to the membership by the City Council is pending, such elections shall be held at the first meeting following such an appointment.

3.

A candidate for office receiving a majority vote of the entire membership of the Commission shall be declared elected. He shall take office immediately and serve for one (1) year or until his successor shall take office.

4.

Vacancies in office shall be filled immediately by regular election procedures.

(Ord. No. 2004-02.04, Art. 14, § D, 2-17-04)

E. - Meetings.

1.

Regular meetings of the Planning Commission shall be held not less than monthly, or as the work of the Commission by require, at a time and place to be designated by resolution by the Commission. When a meeting date falls on a legal holiday, the meeting shall be held on the day following unless otherwise designated by the Commission.

2.

All regular meetings and adjourned meetings shall be open to the public except as provided for in the Freedom of Information Act.

3.

Special meetings of the Planning Commission may be called by the Chairman or by two (2) members upon written request to the Secretary.

A.

The Secretary shall cause to be mailed to all members, at least five (5) days in advance of a special meeting, a written notice fixing the time and place and purpose.

B.

Public notice and advertisement of a special meeting shall not be required if the time of the special meeting has been fixed at a previous regular meeting or if the Commission votes to file a waiver of the required notice.

4.

A majority of the membership of the Commission shall constitute a quorum.

5.

No action of the Commission shall be valid unless authorized by a majority vote of those present and voting.

6.

The Planning Commission shall keep minutes of all its proceedings, showing evidence presented, the names and addresses of all witnesses giving testimony, findings of fact by the Commission, and the vote of each member upon each question, or if absent or failing to vote, such fact.

7.

The minutes of the Planning Commission shall be a public record.

(Ord. No. 2004-02.04, Art. 14, § E, 2-17-04)

F. - Other Duties of the Planning Commission.

1.

Supervise and make regulations for the administration of its affairs.

2.

Adoption of its own bylaws and procedures consistent with this ordinance and other ordinances of the City and the laws of the Commonwealth of Virginia.

3.

Establish advisory committees or subcommittees as deemed necessary.

4.

Prepare and file an annual report to the City Council concerning the operations and activities of the Planning Commission and the status of planning within the City.

5.

Prepare and submit an annual budget to the City Council in a manner as prescribed by the Council.

6.

Perform any other activities and duties as set forth in this ordinance.

(Ord. No. 2004-02.04, Art. 14, § F, 2-17-04)