(a)

Composition and appointment. There shall be a planning and zoning board which shall consist of five (5) members, and one (1) alternate, to be appointed by the council. All members shall serve without pay, be at all times residents of the city, shall hold no other elected city public office and shall not be an employee of the city. The alternate member shall attend the meetings of the board, and may participate in the discussion of any matter, but shall only vote on any matter when a member is absent or cannot vote on a matter. The city manager or a designee shall attend meetings in an advisory capacity only and shall not have a vote in its deliberations.

(b)

Term of office and vacancies. The term of appointive members shall be two (2) years. Members of the board shall serve at the pleasure of the city council and may be removed by the council, without cause. Any member who fails to attend three (3) consecutive meetings, or six (6) meetings in any two-year period, shall automatically forfeit said membership, unless any such absence shall be excused by the council. Any vacancy shall be filled for the unexpired term of the member whose place has become vacant.

(Ord. No. 2006-09, § 1, 5-2-06)

(a)

Officers. The board shall elect from its membership a chairperson and vice-chairperson, who shall serve for one (1) year or until re-elected or a successor is elected. The vice-chairperson shall take on all the duties and authority of the chairperson in his or her absence at official meetings of the board. The city clerk shall provide a secretary to the board as provided by the City Charter. The city attorney shall provide legal services to the board, as necessary.

(b)

Rules of procedure. The board shall have authority to adopt rules of procedure necessary to govern and conduct its affairs in compliance with laws and procedures established by the city council.

(c)

Meetings. Meetings shall be held at the call of the chairperson and at such other times as the board may determine. The board shall hold at least one (1) regularly scheduled meeting each month on a day to be determined by the board; provided, that no meeting shall be required when the board has no business to conduct under the terms of this chapter. Meetings that are not regularly scheduled shall require at least forty-eight (48) hours' notice to each member. The board shall have the power to take testimony under oath and to compel the attendance of witnesses.

(d)

Quorum constituted. A quorum for the transaction of business by the board shall consist of three (3) members, and all official actions of the board shall require a prevailing vote thereon by a majority of those present.

(e)

Minutes. The city clerk shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent, indicating such fact, all of which shall be filed in the office of the city clerk and shall be a public record.

(f)

Conflict of interest. Any member of the board who has a conflict of interest with respect to a matter before the board shall file notification of such with the city clerk as required by law.

(Ord. No. 2006-09, § 1, 5-2-06)

The planning and zoning board shall act as the city's local planning agency, as defined by state law, and shall have the power and shall be required to make recommendations to city council, in accordance with this chapter and state law, regarding the following:

(1)

The master plan for the physical development of the city;

(2)

Platting or subdividing land within the city;

(3)

The official zoning and land use maps of the city;

(4)

The comprehensive plan or plan amendments, after public hearings conducted in accordance with state law. The city manager, or his or her designee, is hereby designated as the official of the city responsible for preparation of the comprehensive plan or any plan amendments.

(5)

The effectiveness and status of the comprehensive plan;

(6)

Proposed land development regulations, land development codes, or amendments thereto, and the consistency of the proposal with the adopted comprehensive plan, or element or portion thereof; and

(7)

The re-planning, reconstruction or redevelopment of any area or district which may be destroyed in whole or in part by fire, earthquake, flood or other disaster.

(Ord. No. 2006-09, § 1, 5-2-06)

(a)

Hearing required. Before making its decision on any matter, the board shall hold a public hearing thereon.

(b)

Notification requirements. The following notification procedures shall be utilized with respect to matters coming before the board:

(1)

Items shall be numbered serially, docketed, and placed upon the calendar of the board. Having thus been established, the calendar of public hearings to be considered or conducted at each public meeting shall be posted as soon as practical where public notices are regularly posted by the city.

(2)

Notice of public hearing shall be published in accordance with state law where required.

(3)

For all items subject to review under this chapter for which notice requirements are not provided under state law, notice of the time and place of the public hearing shall be mailed not less than five (5) days before the date of hearing to the to the applicant and anyone owning property, abutting or adjacent to the property that is the subject of the application. Properties separated only by rights-of-way shall be deemed adjacent for the purpose hereof.

(4)

In addition to the required notices, set forth above, the city manager, or his or her designee, may post any such notice upon the subject property, and it shall be unlawful for any person to remove or tamper with said notice during the time period as may be established for the maintenance of said notice.

(c)

Conduct of hearing. Any interested person shall have the right to submit oral or written testimony at the public hearing. All testimony and exhibits submitted at the hearing, including the application, shall be incorporated into the application file and shall be considered a part of the record on the application. Evidence that is immaterial, irrelevant, or unduly repetitious may be excluded. The hearing may be adjourned and continued to a date established by public announcement at said hearing.

(Ord. No. 2006-09, § 1, 5-2-06)

A decision by the board with respect to any matter upon its calendar shall be rendered within sixty (60) days following the closing of the public hearing thereon. All decisions of the board shall be made in open session and the motion embodying the decision shall not be valid unless it is incorporated into the minutes of the meeting at which such action is taken. A record of all actions taken by the board shall be maintained within the office of the city clerk.

(Ord. No. 2006-09, § 1, 5-2-06)

An application for the reconsideration or rehearing of a decision by the board may be made in the same manner as provided for an original consideration or hearing. However, no appeal or petition by applicant requesting the same relief or approval for the same property shall be accepted by the board for reconsideration or rehearing for a period of twelve (12) months following the date of any action taken by the board in the matter if, from the record, it shall appear that there has been no substantial change in facts, evidence, or conditions.

(Ord. No. 2006-09, § 1, 5-2-06)