Emory City Zoning Code
§ 24
PLANNING AND ZONING COMMISSION.
A.
ORGANIZATION OF PLANNING AND ZONING COMMISSION
There is hereby created a Planning and Zoning Commission which shall be organized, appointed, and functions as follows:
The Planning and Zoning Commission shall consist of six (6) members appointed by the City Council of the City of Emory for overlapping two (2) year terms and removable for cause by the appointed authority upon written charges and after public hearing. The City Council shall designate one (1) member a chairman. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made. All cases to be heard by the Planning and Zoning Commission will always be heard by a minimum of four (4) members.
B.
OPERATIONAL PROCEDURE
(1)
The officers of the Planning and Zoning Commission shall be chairman and vice-chairman and secretary. These officers shall be chosen by the commission for one-year terms beginning at the start of every calendar year.
(2)
The chairman shall preside over all meetings of the commission. The vice-chairman shall preside in the absence of the chairman.
(3)
Regular meetings shall be held in the City Hall, except as otherwise provided herein, when called by the chairman; provided, however, that the commission shall have at least one meeting each quarter. Special meetings may be called by the chairman provided that written notice thereof shall be mailed to each member forty-eight (48) hours prior to the time of the meeting. No approval of disapproval of any zoning application shall be given or any final action taken except at regular meetings as provided herein. All meetings shall be open to the public.
(4)
Any motion by a member shall require a second. After a motion has been made and duly seconded, discussion of the motion may be had for a reasonable time. Discussion by members, or by opponents or proponents of a question before the Planning and Zoning Commission, shall terminate whenever a member shall call for a vote upon the question of [or] whenever the chairman shall so rule.
(5)
Whenever any question of procedure or qualification is raised at a Planning and Zoning Commission meeting, the chairman shall rule thereon. A member may move to overrule the chairman’s decision, which motion must be approved by a majority vote of the members present in order to carry.
(6)
Voting on zoning applications shall be by roll-call vote. Voting on all other questions shall be by voice vote, provided that a roll-call vote shall be taken upon demand of any member.
(7)
A member shall not vote or participate in any matter before the Planning and Zoning Commission if the member has any interest in this matter, whether such interest is direct or indirect and financial or otherwise. Where a question of a member’s interest is raised, the chairman shall rule on whether the member should be disqualified.
(8)
The Planning and Zoning Commission may, at its option, consult with the City Planner regarding a recommendation or on technicalities of any zoning application under review. Such recommendation or comments offered by the City Planner shall be a part of the official minutes of the meeting.
(9)
Minutes and records shall be kept of all proceedings as a matter of public record.
C.
AMENDMENTS
The regulations, restrictions and boundaries established by this Ordinance may from time to time be amended, supplemented, changed, modified or repealed. The Planning and Zoning Commission shall make a preliminary report on all such proposed amendments, supplements, changes, modifications or repeals, hold public hearings and thereafter submit its final report to the City Council.
D.
NOTICE OF HEARING BEFORE THE PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission shall hold a public hearing on all requests made to it and written notice of such public hearings shall be sent to the applicant and all other persons who are owners of real property lying within two hundred (200) feet of the property on which the zoning request is made. Such notice shall be given no less than fourteen (14) days before the date set for hearing to all such property owners who have rendered their said property for city taxes as the ownership appears on the last city tax roll. Such notice may be served by depositing the same properly addressed and postage paid in the United States Post Office. Notice shall also be given by publishing the same in the official publication of the City of Emory at least ten (10) days prior to the date set for hearing, which notice shall state the date, time and place set for the public hearing.
E.
JURISDICTION OF THE PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission shall exercise all powers vested in such bodies by State law. In addition, in order to effectuate and carry out the purposes of this Ordinance, the Planning and Zoning Commission is also vested with the following powers and/or duties:
(1)
Preparation and adoption of a comprehensive plan for the City.
(2)
Preparation and adoption of subdivision regulations and approval or disapproval of any subdivision plats.
(3)
Preparation and adoption of zoning regulations and the recommendation of zoning district boundaries, including the power to hold public hearings, enforce the regulations and recommend changes in the regulations and district boundaries.
(4)
Reporting on planning and zoning problems that are referred to it for review by the City Secretary or by the City Council.
(5)
Preparation of such surveys, reports and studies as are required for the above and other authorized purpose.
(Ordinance 4B-2005 adopted 3/15/05; Ordinance 5-2022 adopted 11/14/2023)