1.   Creation, Membership, and Duration. The Planning and Zoning Commission is established by Chapter 22.

2.   Jurisdiction. The Planning and Zoning Commission is hereby vested with the following jurisdiction and authority:

   A.   To hear and act upon all applications for amendments to this chapter and report said findings and recommendations to the City Council, unless otherwise provided for herein;

   B.   On its own initiative, to petition the City Council requesting an amendment, supplement, change, or repeal of a Zoning ordinance provided that it has first held a public hearing upon all proposed matters prior to submitting any final report or recommendation(s);

   C.   To receive from the Building and Zoning Enforcement Officer their recommendation as related to the effectiveness of this chapter and report their conclusions and recommendations to the City Council.

   D.   To hear and act upon all matters upon which it is required to consider under this chapter.

   E.   To review this chapter in its entirety not less than once every 10 years and recommend any amendments to the City Council; and,

   F.   Other duties required to be performed by the Planning and Zoning Commission outside of the scope of this chapter include (referenced),

Chapter 22 – Planning and Zoning Commission

Chapter 137 – Vacation and Disposal of Public Right-of-Ways

Chapter 167 – Urban Renewal

Chapter 168 – Urban Revitalization

Chapter 175 – Subdivision Regulations

3.   Rules of Procedure – Petitions (See Appendix, Illustration “G”). Upon the timely receipt by the Building and Zoning Enforcement Officer of a properly submitted and completed “PETITION FOR HEARING AND CONSIDERATION OF ACTION” application filed by any interested, affected person, a hearing before the Commission will be scheduled in accordance with the applicable procedures. Any person may appear and testify at the hearing, when recognized by the Chairperson, either in person, or they may be represented by a duly authorized agent.

The Planning and Zoning Commission may recommend approval or denial of a petition, in whole or in part, or may recommend “conditional” approval or denial of a request as they so deem necessary and appropriate. Further, meetings of the Planning and Zoning Commission may be temporarily adjourned and reconvened at a later date without taking any action as deemed necessary and appropriate by a majority approval of the Commission members. Any petitioned matter submitted to the Commission may be withdrawn, amended, or consideration and action upon said matter may be temporarily postponed, once, for a period not to exceed 30 days from the date of the originally schedule meeting, provided a detailed, written, explanatory request from the petitioner asking for said withdrawal, time extension, or amendment of said petition is received by the Building and Zoning Enforcement Officer not later than four working days prior to the originally scheduled meeting date. If such a request is property and timely filed, the Commission will continue to meet as scheduled and in the case of a request for a permanent record and grant the request.

In the case of a request for a temporary extension of time or an amendment to the original petition, the Commission will continue to meet as scheduled and will acknowledge the request for an extension or amendment for the permanent record and consider and act upon the request(s) at the meeting. The Commission may grant, deny, or “conditionally” grant or deny the request for the full-time extension requested or some other time extension as the Commission may deem appropriate, but any such extension will not exceed 30 days as spelled out above. If the Commission denies a request for extension, then the meeting will be conducted as scheduled at the specified time and place. The Commission may grant, deny, or “conditionally” grant or deny the request to consider and act upon an amended petition as the Commission may deem appropriate.

Any additional expenses incurred by the City as a result of granting an extension or amendment request which was submitted by the petitioner will be borne by the petitioner and paid in full to the City prior to the date set for the rescheduled meeting.

Further, consideration and action upon said matter may be temporarily postponed, once, for a period not to exceed 30 days from the date of the originally scheduled meeting, providing a detailed, written explanatory request for such action, signed by 20 percent or more of the property owners whose property boundaries lie within 200 feet, inclusive of any and all public and quasi-public right-of-way distances, of the boundaries of the property upon which the proposed matter is to be considered, is received by the Building and Zoning Enforcement Officer no later than four working days prior to the originally scheduled meeting date. If such a request is properly and timely filed, the Commission’s action(s) will be conducted as spelled out above.

The Commission will keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and will also keep records of its hearing and other official actions. A copy of every rule or regulation, order, requirement, decision, or determination of the Planning and Zoning Commission will be filed immediately in the office of the Building and Zoning Enforcement Officer. The Commission will adopt other rules and procedures, not otherwise in conflict with this Zoning Code or with the applicable State statutes and select or appoint such officers as it deems necessary.