A seven-citizen-member planning and zoning commission is established as follows:

(1)

One member from each ward appointed by the city council;

(2)

Four members at large from the city appointed by the city council.

(Ord. No. 24-11, § 1, 12-3-2024)

(a)

All members shall be residents of the city.

(b)

All members shall serve on the commission without compensation.

(c)

The term for each member shall begin on January 1, following appointment by the city council. If city council's appointment of a member occurs after January 1, the member's term will be deemed to have begun on January 1 prior to such appointment. The term of each member shall be two years or until their successor takes office.

(d)

Members shall be appointed and may be removed by an affirmative vote of a majority of the city council. Members serve at the pleasure of the city council.

(e)

Vacancies occurring other than upon the expiration of a term shall be filled for the remainder of the unexpired term by the city council.

(f)

Unless excused by the commission, a member of the commission shall be deemed to have vacated their position upon failure to attend required training or upon failure to attend four regular meetings within a calendar year. A member shall, after being absent from three regular meetings within a calendar year, be provided with written notice from the mayor that such member shall be deemed to have vacated their position if absent from any other regular meeting that year.

(g)

All members shall attend the first available training session provided during their term of office.

(Ord. No. 24-11, § 1, 12-3-2024)

The commission shall elect a chair and vice-chair at the first meeting of each calendar year and shall adopt rules governing all proceedings before it. Such rules shall provide and require that:

(1)

Public notice shall be given of all hearings.

(2)

Notice of all hearings shall consist of publication once in a newspaper of general circulation within the city not less than 15 days prior to such hearing and posting of the property which requires the placing of one sign, at least 30 inches square with lettering not less than 1¼ inches in height, upon the subject property and facing and be legible from a public roadway adjacent to the subject property.

(3)

At the public hearing, any interested party may appear in person or by agent or by attorney and offer evidence and testimony. The chair, or in their absence, the vice-chair, shall administer oaths from all witnesses.

(4)

The commission may take judicial notice of facts to the same extent and in the same manner as courts of record.

(5)

The commission shall keep a record of its proceedings, and the record of proceedings shall include all testimony, documents and physical evidence presented for the matter. The record of proceedings shall be filed in the office of the city clerk.

(Ord. No. 24-11, § 1, 12-3-2024)

For the conduct of any hearing or the taking of any action, a quorum of four members of the commission shall be necessary.

(Ord. No. 24-11, § 1, 12-3-2024)

(a)

Subject to the cancellation provisions of this section, the commission shall hold one regular meeting each month. Such regular meeting shall be held on the last Tuesday of each month; provided, however, that the commission may reschedule the regular meeting for any particular month if the last Tuesday falls on a legal holiday or for such other good cause as may be determined by the commission.

(b)

In the event that the chair is informed by city staff that there will be no substantive business to be considered by the commission at the regular meeting for any particular month, the chair may, in their discretion, cancel the regular meeting for such month. In the event of such cancellation, members of the commission shall be notified of the cancellation by the most practical means available. Notice of cancellation shall be posted at the city's designated location for public notices.

(c)

In the event that the chair is informed by city staff that the review of an item is required at an earlier date than the regularly scheduled meeting, the chair may schedule a special meeting on a date when a quorum of commissioners is available to meet. Commissioners shall be notified of the rescheduled meeting by the most practical means available. A notice of the rescheduled meeting shall be posted at the city's designated location for public notices.

(Ord. No. 24-11, § 1, 12-3-2024)

(a)

Subject to the approval of and appropriation by the city council the commission may contract with municipal planners, engineers and architects and other consultants for service as it requires.

(b)

The commission shall make and adopt a master plan for the physical development of the city. Such plan shall include, but not be limited to, streets, bridges, waterways, parks, utilities, open space, buildings and zoning. Such plan may be adopted in whole or in part by resolution. The adoption of the plan, any part, amendment, extension or addition requires an affirmative vote by not less than two-thirds vote of the entire membership of the commission.

(c)

The adoption of a master plan or any part thereof requires adoption by the city council, certification of the commission chair, and filing with the county clerk and recorder.

(d)

The city council may overrule the commission by two-thirds vote of the entire council.

(e)

The commission may adopt bylaws regarding its administrative duties and procedures, regarding matters to include, but not limited to, meetings, quorums, voting, attendance, and public hearings, provided that such bylaws do not conflict with the Code or the Charter.

(Ord. No. 24-11, § 1, 12-3-2024)

All applicants requesting a hearing before the commission shall pay an application fee to the city at the time of filing the application. The fee shall be as prescribed by resolution of city council.

(Ord. No. 24-11, § 1, 12-3-2024)

The commission shall have the power to authorize, upon appeal in specific cases, such variances from the terms of this chapter as will not be contrary to the public interest where, owing to exceptional and extraordinary circumstances, literal enforcement of the provisions of this chapter will result in unnecessary hardship upon the applicant. Every variance authorized hereunder shall not be personal to the applicant therefor but shall be transferable and shall run with the land. No variance shall be authorized hereunder unless the commission shall find that all of the following conditions exist:

(1)

That the variance will not authorize the operation of a use other than those uses specifically enumerated as used by right for the district in which the subject property is located.

(2)

That owing to exceptional and extraordinary circumstances, literal enforcement of the provisions of this chapter will result in unnecessary hardship upon the applicant.

(3)

That the circumstances aforesaid were not created by the owner of the property or their predecessors and are not due to, or the result of, general conditions in the district in which the property is located.

(4)

That the development or use of the property for which the variance is sought, if limited by a literal enforcement of the provisions of this chapter, cannot yield a reasonable return in service, use or income as compared to adjacent conforming property in the same district.

(5)

That the variance will not substantially or permanently injure the use of adjacent conforming property in the same district.

(6)

That the variance will not alter the essential character of the district in which the subject property is located.

(7)

That the variance will not impair the general purposes of this chapter, or the regulations established for the district in which the subject property is located.

(8)

That the variance will be in harmony with the purposes of this chapter.

(9)

That the variance will not adversely affect the public health, safety or welfare.

(Ord. No. 24-11, § 1, 12-3-2024)

The commission shall have the power, upon appeal, to grant a variance permitting an increase in either or both the land area or the floor area in a structure or structures occupied by the nonconforming use, subject to terms and conditions fixed by the commission, as will not be contrary to the public interest, where, owing to exceptional and extraordinary circumstances, literal enforcement of the provisions of article IV of this chapter, will result in an unnecessary hardship to the applicant. No variance shall be authorized hereunder unless the commission shall find that all of the following conditions exist:

(1)

That the use is a nonconforming use as defined by article IV of this chapter and is in full compliance with all requirements of said chapter applicable to nonconforming uses.

(2)

That owing to exceptional and extraordinary circumstances, literal enforcement of the provisions of said chapter will result in an unnecessary hardship to the applicant.

(3)

That the circumstances aforesaid were not created by the current owner of the use.

(4)

That the variance will not further impair the appropriate use of adjacent conforming property in the same district.

(5)

That the variance will not alter the essential character of the district in which the subject property is located.

(6)

That the variance will not impair the general purposes of this chapter, or the regulations established for the district in which the subject property is located.

(7)

That the variance will be in harmony with the purposes of this chapter.

(8)

That the variance will not adversely affect the public health, safety or welfare.

(Ord. No. 24-11, § 1, 12-3-2024)