(a)

There shall be a Long Beach Planning and Development Commission consisting of 9 members, all of who[whom] shall be residents of the City and qualified electors therein. The members shall be appointed by the Mayor, subject to confirmation by the Board of Aldermen. There shall be at least one member from each ward of the City.

(b)

Long Beach Planning and Development Commission members shall be appointed for four-year staggered terms, but members may continue to serve until their successors have been appointed. Nothing contained in this Section shall alter the term of office of any present member.

(c)

Members may be appointed to successive terms without limitation.

(d)

The Mayor and Board of Aldermen may remove Long Beach Planning and Development Commission members at any time for failure to attend three consecutive meetings or for failure to attend 30 percent or more of the meetings within any 12-month period or for any other good cause related to performance of duties. Upon request of the member proposed for removal, the Board of Aldermen shall hold a hearing on the removal before it becomes effective.

(e)

Any vacancies shall be filled by the Mayor, subject to confirmation by the Board of Aldermen. A person appointed to fill a vacancy shall fill out the term of office of the original appointee.

(f)

If a member moves outside the city, that shall constitute a resignation from the Long Beach Planning and Development Commission.

(g)

Commission members shall serve without pay, but may be reimbursed for expenses incurred in the performance of official duties.

(a)

The Long Beach Planning and Development Commission shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with Section 56 (Applications to be Processed Expeditiously).

(b)

When the commission is acting as an advisory authority, it need not conduct its meetings strictly in accordance with the quasi-judicial procedures set forth in Articles IV, V, and VI. However, it shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas.

(c)

Minutes shall be kept of all commission proceedings.

(d)

All commission meetings shall be open to the public, and, whenever feasible, the agenda for each commission meeting shall be made available in advance of the meeting.

(a)

A quorum for the Long Beach Planning and Development Commission shall consist of a majority of the commission membership (excluding vacant seats). A quorum is necessary for the commission to take official action.

(b)

All actions of the Long Beach Planning and Development Commission shall be taken by majority vote, a quorum being present.

(c)

A roll call vote shall be taken upon the request of any member.

(a)

At its first meeting in each year, the Long Beach Planning and Development Commission shall, by majority vote of its membership (excluding vacant seats) elect one of its members to serve as chairman and preside over the commission's meetings and one member to serve as vice-chairman. The individuals so designated shall serve in these capacities for terms of one year. Vacancies in these offices may be filled for the un-expired terms only by majority vote of the commission membership (excluding vacant seats).

(b)

The presiding official may take part in all deliberations; however, he/she shall have no vote unless such vote would determine the issue.

(c)

The commission shall appoint a secretary, who may be a member or an employee of the city.

(a)

The Long Beach Planning and Development Commission may:

(1)

Make studies and recommend to the Mayor and Board of Aldermen plans, goals and objectives relating to the growth, development, and redevelopment of the city.

(2)

Develop and recommend to the Mayor and Board of Aldermen policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.

(3)

Make recommendations to the Mayor and Board of Aldermen concerning proposed Long Beach Planning and Development Commission approval use permit, variance and proposed zoning text and map changes.

(4)

Perform any other duties assigned by the Mayor and Board of Aldermen.

(b)

The Long Beach Planning and Development Commission may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of the ordinance.

(a)

From time to time, the Mayor and Board of Aldermen may appoint one or more individuals to help the Long Beach Planning and Development Commission carry out its planning responsibilities with respect to a particular subject area. By way of illustration, without limitation, the Mayor and Board of Aldermen may appoint advisory committees to consider the thoroughfare plan, bikeway plans, housing plans, economic development plans, etc.

(b)

Members of such advisory committees shall sit as nonvoting members of the Long Beach Planning and Development Commission when such issues are being considered and lend their talents, energies, and expertise to the Long Beach Planning and Development Commission. However, the Long Beach Planning and Development Commission shall make all formal recommendations to the Mayor and Board of Aldermen.

(c)

Nothing in this section shall prevent the Mayor and Board of Aldermen from establishing independent advisory groups, committees, or commissions to make recommendations on any issue directly to the Mayor and Board of Aldermen.

(a)

There shall be a Board of Adjustment consisting of the 9 [members], which may also serve as Long Beach Planning and Development Commission members. However, the Mayor and Board of Aldermen can appoint new members at such time it deems necessary to have a separate body to hear Board of Adjustment issues.

(a)

The Board of Adjustment shall establish a regular meeting schedule and of shall meet frequently enough so that it can take action in conformity with Section 56 (Applications to be Processed Expeditiously).

(b)

The board shall conduct its meetings in accordance with the quasi-judicial procedures set forth in Articles IV, V, and VI.

(c)

All meetings of the board shall be open to the public, and whenever feasible the agenda for each board meeting shall be made available in advance of the meeting.

(a)

A quorum for the Board of Adjustment shall consist of a simple majority of the current members (excluding vacant seats). A quorum is necessary for the board to take official action.

(b)

A member who has withdrawn from the meeting without being excused, as provided in Section 26, shall be counted as present for purposes of determining whether a quorum is present.

(a)

All actions of the board shall be taken by majority vote, a quorum being present.

(b)

Once a member is physically present at a board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with Subsection (c) or has been allowed to withdraw from the meeting in accordance with Subsection (d).

(c)

A member may be excused from voting on a particular issue by the majority vote of the remaining members present under the following circumstances:

(1)

If the member has a direct financial interest in the outcome of the matter at issue;

(2)

If the matter at issue involves the member's own official conduct;

(3)

If participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or

(4)

If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest.

(d)

A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.

(e)

A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.

(f)

A roll call vote shall be taken upon the request of any member.

(a)

At its first meeting of each year, the Board of Adjustment shall, by majority vote of its membership (excluding vacant seats), elect one of its members to serve as chairman and preside over the BZA's meetings and one member to serve as vice-chairman. The individuals so designated shall serve in these capacities for terms of one year. Vacancies in these offices may be filled for the unexpired terms only by majority vote of the commission membership (excluding vacant seats).

(b)

The chairman or any member temporarily acting as chairman may administer oaths to witnesses coming before the board.

(c)

The chairman and vice-chairman may take part in all deliberations and vote on all issues.

(a)

The Board of Adjustment shall hear and decide:

(1)

Appeals from any order, decision, requirement, or interpretation made by the administrator.

(2)

Applications for special-use permits.

(3)

Applications for variances.

(4)

Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines.

(5)

Any other matter the board is required to act upon by any other city ordinance.

(b)

The board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this ordinance.

Except as otherwise specifically provided primary responsibility for administering and enforcing this ordinance is the Long Beach Planning and Development Commission, unless assigned by the Mayor and Board of Aldermen to one or more individuals. The commission or person(s) to whom these functions may be assigned shall be referred to in this ordinance as the "land use administrator" or "administrator." The term "staff" or "planning staff" is sometimes used interchangeably with the term "administrator."

If the City designates an individual to be planning director, he/she is the administrative head of the planning department.

(a)

The Mayor and Board of Aldermen, in considering variances, Long Beach Planning and Development Commission Approvals and interpretations of code, acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in Articles IV and VI of this ordinance.

(b)

In considering proposed changes in the text of this ordinance or in the zoning map, the mayor and Board of Aldermen act in its legislative capacity and must proceed in accordance with the requirements of Article XIX.