Zoneomics Logo
search icon

Daphne City Zoning Code

ARTICLE VI.

PROCEDURES FOR THE TRANSACTION OF BUSINESS

6-1 - Implementing authority.

The planning commission shall be the implementing authority for this Ordinance, except where required by law, action of the city council is necessary. Such deliberative action of the city council shall take place after due consideration of recommendations made to it by the planning commission.

6-2 - Public hearings.

When the planning commission must hold a public hearing on any matter where its action is decisive, due notice shall be given as required by law. A sign shall be posted upon properties which by law require public notice. When the city council must hold a public hearing on any matter recommended by the planning commission, the planning commission may dispense with a separate hearing and submit its recommendation to the appropriate body. The public notice of such hearing by the city council shall be published or posted by the city clerk immediately upon receipt of the recommendation from the department of community development regarding the date, time, and place of said hearing.

6-3 - Rules.

"Robert's Rules of Order" shall normally govern the order of business and conduct of meetings of the planning commission or any committee of said commission.

6-4 - Meetings.

The planning commission shall hold at least one (1) regular scheduled meeting per month. The date, time, and place of such meeting shall be determined by the planning commission. All meetings are governed by the Alabama Open Meetings Act 2005-40.

Special meetings of the planning commission may be called by the chairman upon giving a forty-eight-hour notice to the members.

6-5 - Agenda.

An agenda shall be prepared by the planning coordinator in concert with the director of community development and the planning commission chairman for each meeting of the planning commission.

6-6 - Quorum.

Unless otherwise provided by statute, a majority of the members shall constitute a quorum for the conduct of business. An affirmative vote of not less than six (6) members shall be required for approval of a comprehensive plan amendment, zoning amendment, annexation, and preliminary subdivision plat, pursuant to Code of Ala. 1975, § 11-52-10. The approval of a final subdivision plat shall require the majority vote of the quorum present and voting, pursuant to Attorney General Opinion 2000-171.

6-7 - Applications.

Applications for zoning amendments, annexation, vacation of easement and/or right-of-way, subdivision plats, site plans, or recommendations with regard to the development of land shall be filed and handled in accordance with the provisions outlined herein.

6-8 - Study—Additional review period.

For any matter formally presented at a regular meeting, with the exception of a subdivision plat, the planning commission may defer action until the next regular meeting thereon so additional study of the matter may be made. As required by law, the planning commission shall act to approve or disapprove a subdivision plat within thirty (30) days after its formal submission. However, with the applicant's consent to waive the thirty-day rule, the planning commission may delay action on said plat until the next regularly scheduled meeting.

6-9 - Signatures.

The chairman or in the event of his/her absence, the vice-chairman or the secretary shall be the person(s) authorized to sign documents testifying to action taken by the planning commission.

6-10 - Interpretations/mediations.

In accordance with Article V, Duties and Powers of the Planning Commission, subsection 5-1(h), Authority, requests for interpretation with regard to wording or intent of this Ordinance, or mediation of a dispute between an applicant and an administrator in regard to an approved site plan or subdivision plat shall be delivered to community development by the owner or authorized representative no less than sixteen (16) calendar days prior to the regularly scheduled meeting of the planning commission. The director of community development shall provide initial review of request. Upon issuance of an unfavorable recommendation in regard to the interpretation or mediation, the director of community development shall forward said dispute to the planning commission for determination. Any request for interpretation shall specify applicable Ordinance reference (article, section, subsection, etc.). Planning commission vote shall be by majority of quorum present. Planning commission interpretation or mediation may be appealed to the board of zoning adjustment in accordance with the provisions of Article XXI, Establishment of the Board of Zoning Adjustment.

6-11 - Reserved.

Editor's note— Ord. No. 2022-74, § 1, adopted January 3, 2023, repealed § 6-11, which pertained to public notice signs and derived from Ord. No. 2011-54, § 1, July 18, 2011.