There is hereby created a Planning and Zoning Commission which shall function as follows.

(1)

Membership. The Planning and Zoning Commission shall consist of five members, two of the members may reside in the ETJ and one alternate. The members shall be taxpayers residing in the city or the ETJ, and qualified voters, each to serve for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. Appointees shall fill positions which shall be designated by place numbers (e.g., place 1, place 2 and the like). 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 members shall be appointed by the Mayor subject to confirmation by the City Council. Recommendations for appointments to the Planning and Zoning Commission shall be made by the Planning and Zoning Commission Chairperson to the Mayor after a review of the individual's qualifications and commitment of time required and have attended a minimum of two Planning and Zoning regularly scheduled meetings.

(2)

Terms. The terms of members filling places 1, 3 and 5 shall expire on March 15 of each odd-numbered year and the terms of members filling places 2 and 4 shall expire on March 15 of each even-numbered year. Commission members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no members shall be appointed for a term in excess of two years. Newly-appointed members shall be installed at the first regular Commission meeting after their appointment.

(3)

Organization.

a.

The Commission shall hold an organizational meeting in July of each year. The Commission shall meet on-call and shall designate the time and place of its meetings.

b.

The Commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this chapter and the requirements of law.

c.

The Planning and Zoning Commission shall from time to time elect a Chairperson from its own membership and shall have the power to employ the qualified persons as may be necessary for the proper conduct and undertakings of the Commission and to pay for their services and other necessary expenses; provided that, the cost of the services and expenses shall not exceed the amount appropriated by the City Council for use by the Commission.

(4)

Quorum and compensation. A quorum for the conduct of business shall consist of three members. The members shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.

(Ord. 2009-378A, 2-23-2009; Ord. 2011-417, 2-24-2011; Ord. 2011-422, 6-30-2011)

(a)

The Planning and Zoning Commission is hereby charged with the duty and invested with the authority to:

(1)

Formulate and recommend to the City Council for its adoption a city plan for the orderly growth and development of the city and its environs and from time to time recommend changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety and general welfare of the citizens of the city;

(2)

Formulate a zoning plan as may be deemed best to carry out the goals of the city plan; hold public hearings and make recommendations to the City Council relating to the creation, amendment and implementation of zoning regulations and districts as authorized under state law;

(3)

Exercise all powers of a commission as approval or disapproval of plans, plats or replats as authorized under state law;

(4)

Study and recommend the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same;

(5)

Study and make recommendations regarding the general design and location of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances;

(6)

Initiate, in the name of the city, proposals for the opening, vacating or closing of public rights-of-way, parks or other public places and for the change of zoning district boundaries on the area-wide basis; and

(7)

Formulate and recommend to the City Council for its adoption policies and regulations consistent with the adopted city plan governing the location and/or operation of utilities, public facilities and services owned or under the control of the city.

(b)

All regular and special meetings of the commission shall be open to the public and shall meet all other requirements required by law.

(c)

The Commission shall report to the City Council from time to time and annually.

(d)

The Commission shall hold public hearings on its recommendations as required by law.

(e)

The Commission shall perform other duties as may be prescribed by ordinance or state law, including the performance of functions as a zoning commission.

(Ord. 2009-378A, 2-23-2009)