The City Planning Commission (the “Commission”) is created and has all the powers and duties provided for zoning commissions pursuant to the Michigan Planning Enabling Act (PA 33 of 2008), as amended, and the Michigan Zoning Enabling Act (PA 110 of 2006), as amended.

City Council must, by a majority of all its members, appoint a Commission of nine, chosen due to their interest in and knowledge of city planning:

A. Membership. Each must have been a City resident for at least 1-year before their appointment. One Commissioner is a member of the City Council, selected by the City Council to serve as an ex-officio member. The terms of office are determined by the City Council and stated in the resolution selecting the ex-officio member; however, the term cannot exceed the Commissioner’s term of office as a member of the City Council.

B. Appointment. The remaining eight Commissioners are appointed by the mayor, subject to confirmation by City Council. The term of each appointed member is 3-years or until their successors are appointed and take office. A vacancy on the Commission must be filled within 30 days; this member will then serve for the remainder of the unexpired term. If the remaining unexpired term is less than 90 days, the position may remain vacant until the term expires.

C. Officers. At the first meeting of the calendar year, the Commission chooses one of its members as chairperson, vice-chairperson, and Secretary, each to serve a term of 1-year, with eligibility for reelection.

D. Other Local Office. Appointed Commissioners cannot hold any other municipal office except one Commissioner may be a Board of Zoning Appeals (BZA) member and except as allowed by Section 18.02: Membership Composition.

E. Removal. Any Commissioner, except the ex-officio member selected by the City Council, may after a public hearing, be removed for inefficiency, neglect of duty, or malfeasance in office by the City Council. City Council may, for like cause, remove the ex-officio member it has selected.

F. Compensation. All Commissioners serve without compensation.

G. Conflict of Interest. A member must disqualify themselves from a vote in which the member has a conflict of interest. Failure of a member to disqualify themselves from a vote in which the member has a conflict of interest constitutes malfeasance in office. Any City Council member on the Commission may vote on an issue that they have previously voted upon as a member of the Planning Commission or the City Council.

A. Bylaws. The Commission must establish its own rules of procedure with bylaws. The Commission may adopt, amend, modify, and revoke its rules from time to time.

B. Meetings. At a minimum, the Commission must hold four meetings a year. All provisions of the Michigan Open Meetings Act (PA 267 of 1976), as amended, apply to the proceedings of the Commission.

C. Requesting Expertise. The Commission has the power and authority to call upon any branch or department of the City, at any time, for information and advice needed by the Commission in the prosecution of its work.

D. Quorum. A majority of the Commission (five members) constitutes a quorum and may conduct business.

E. Motions. A majority of the Commission (five members) is necessary for the passing of a proposed motion. A tie vote is a failure of the proposed motion.

1. In the case of a tie vote for an application in which the Commission is the Approving Body, the Commissioners voting against said motion may make an opposite countermotion. If this motion ties, the decision is a denial of the application.

2. In the case of a tie vote for an application in which the Council is the Approving Body, the Commissioners voting against said motion may make an opposite countermotion. If this motion ties, the case moves forward to City Council with information stating the motions proposed by the Commission and the vote of said motions.

F. Decisions. Any decision must state, in the record of its proceedings, the grounds for the actions taken concerning each development proposal and list any conditions imposed.

G. Conditions. Conditions imposed in a decision must comply with the following:

1. Conditions must be designed to protect natural resources, the health, safety and welfare, and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

2. Conditions must be necessary to meet the intent of this Code, related to the standards established in this Code for the land use or activity under consideration, and necessary to ensure compliance with those standards.

H. Meeting Minutes. Minutes of all meetings must be recorded and contain the grounds of every determination made by the Commission including all documents and material submitted by any person or entity with respect to the application, findings of fact and conclusions drawn by the Commission for every case, together with the votes of the members and final disposition of each case. Such minutes must be filed with the City Clerk and must be available to the public.

I. Public Hearing. The following applications are required to have a public hearing: special land use, PUD, rezoning and conditional rezoning, and text amendments.

A. Zoning Code (Ordinance). The Commission is responsible for formulation of this Code; the formulation, review, and recommendation of amendments; and the reporting of its findings and recommendations to the City Council.

B. Public Hearings. The Commission is charged with holding public hearings on Development Proposals and other matters before it, in accordance with Section 17.03: Public Hearings.

C. Publicity and Education. The Commission has the power to promote public interest in and understanding of the master plan and, to that end, may publish and distribute copies of the plan or any report and may employ such other means of publicity and education. It is the duty of the Commission to consult and advise public officials and agencies, public utility companies, civic, educational, professional, and other organizations, as well as citizens, in relation to the development and implementation of this Code and the master plan.

D. Development Proposals. The Commission is responsible for reviewing applications, including, but not limited to, site plans, special land uses, planned unit developments (PUD), rezonings and conditional rezonings, text amendments, vacations, and nonconformities.

E. Master Plan Review and Revisions. The Commission is charged with maintaining a relevant master plan and reviewing it at least every 5-years to determine whether revisions are necessary.

F. Other Duties and Responsibilities. The Commission is responsible for reviewing plats, removing, locating, widening, narrowing, vacating, abandoning, or changing the use or extension of streets, alleys, public grounds, open spaces, and buildings, preparing an Annual Report of Activities for City Council, and addressing any other matters relating to land development referred to the Commission by City Council. The Commission must recommend appropriate regulations and action on such matters.