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New Plymouth City Zoning Code

CHAPTER 3

ADMINISTRATION AND PLANNING AND ZONING COMMISSION

11-3-1: ADMINISTRATOR:

   (A)   For the purpose of carrying out the provisions of this title, an Administrator and commission are hereby created.
   (B)   The Administrator may be the City Clerk, or any other person designated by the Council.
   (C)   For the purpose of this title, the Administrator shall have the following duties:
      1.   Advise interested persons of this title's provisions;
      2.   Notify the news media regarding matters of public interest;
      3.   Aid applicants in the preparation of required applications;
      4.   Issue zoning permits, certificate of occupancy permits, notifications, stop work orders and such similar administrative duties, subject to the veto powers of the City Council;
      5.   Investigate all violations of this title and notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation;
      6.   Assist the commission and City Council in carrying out the provisions of this title;
      7.   Inform the City Council of all actions taken on a monthly basis. (Ord. 363, 9-5-2017)

11-3-2: COMMISSION CREATED:

There is hereby created a Planning and Zoning Commission for the City, which commission shall be known and designated as the City of New Plymouth Planning and Zoning Commission. That Planning and Zoning Commission created by prior New Plymouth City codes shall remain in existence and the existing members shall be allowed to complete their terms of office. (Ord. 363, 9-5-2017)

11-3-3: QUALIFICATIONS; TERM OF OFFICE:

The Planning and Zoning Commission shall consist of five (5) members to be appointed by the Mayor, and confirmed by a majority of the City Council. All members shall be residents of the City, except that two (2) of the members may be from the New Plymouth impact area. All appointed members of the Planning and Zoning Commission shall be appointed for and shall hold office for a term of six (6) years. An appointed member must have resided in the County for at least two (2) years prior to appointment and must remain a resident of the County during his or her service on the commission. In the event of the death, resignation or any vacancy in said commission, the Mayor is hereby authorized and empowered to fill such vacancy by appointment for the unexpired term of such member or members. All present members are hereby reappointed in the present positions for the remainder of their terms. (Ord. 363, 9-5-2017; amd. Ord. 412, 2-2-2021)

11-3-4: ORGANIZATION:

The Planning and Zoning Commission shall, at its first meeting, elect a President and a Vice President who shall be members of the commission, who shall serve at the pleasure of the commission or the Council. A majority of the members of the commission shall constitute a quorum. (Ord. 363, 9-5-2017)

11-3-5: COMPENSATION; REPORTS; MEETINGS:

Members of the Planning and Zoning Commission shall receive no compensation. The City Clerk shall be the Secretary of the commission. The Secretary shall keep an accurate record of all proceedings of said commission and shall, make and file with the Council a report of all transactions of the commission. A monthly report of activities of the commission shall be provided to the Council. A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. All meetings and records shall be open to the public. The commission shall hold at least one regular meeting each month for not less than nine (9) months in each calendar year. (Ord. 363, 9-5-2017)

11-3-6: POWERS AND DUTIES:

It shall be the duty of the Planning and Zoning Commission to study economic, social and physical conditions of the City, and to recommend and make suggestions to the Council concerning the laying out, widening, extending, parking and locating the streets, sidewalks, boulevards, the establishment of setback lines, the relief of traffic congestion, the betterment of housing and sanitation conditions and the establishment of zones and districts limiting the use, height, area and bulk of buildings, and structures; to recommend to the Council plans for the regulation of the future growth, development and beautification of the Municipality in respect to its public and private buildings and work, streets, parks, grounds and vacant lots, and plans consistent with the future growth and development of the City in order to secure the City and its inhabitants, sanitation, proper service of all public utilities, and transportation facilities, and in general to study and to propose such measures as may be advisable for the promotion of the public interest, health, morals, safety, comfort, convenience and welfare of said City, and in the City impact area. (Ord. 363, 9-5-2017)

11-3-7: CITY DEPARTMENTS TO COOPERATE:

All departments and employees of the City shall cooperate with, and furnish to the Planning and Zoning Commission, maps, reports, and all available data necessary for the commission to properly and adequately carry out its functions. Subject to the limitations set out in section 11-3-10 of this chapter, the Planning and Zoning Commission is also authorized to appoint such technical and advisory committees as are necessary to carry out its work, and to call upon the citizens of the community and the various civic organizations for cooperation and assistance to the end that a coordinated program of City planning and zoning may be promoted. (Ord. 363, 9-5-2017)

11-3-8: PROBLEMS TO BE SUBMITTED:

All matters pertaining to zoning and subdivisions shall be submitted to the Planning and Zoning Commission for its recommendations before being presented to the Council. (Ord. 363, 9-5-2017)

11-3-9: RELATION TO OTHER BOARDS:

Nothing in this chapter shall be construed as infringing upon the authority previously granted to any existing commission or board but provides that such commissions or boards shall coordinate their efforts with the Planning and Zoning Commission to the end that a more comprehensive plan of the City development may be evolved. (Ord. 363, 9-5-2017)

11-3-10: AUTHORITY TO EXPEND MONEY WITHHELD:

The Planning and Zoning Commission shall have no authority to make expenditures on behalf of the City nor to obligate the City for the payment of any sum of money unless first authorized by the Council who shall specify the administrative method by which such funds shall be expended. (Ord. 363, 9-5-2017)

11-3-11: STANDING COMMITTEES:

The Mayor shall have the power to provide for various standing committees composed of members of the Planning and Zoning Commission, and he shall appoint from the Planning and Zoning Commission the members of each committee; each standing committee shall have the duty and power to study the problems and conditions existing within its particular scope and field, and each standing committee shall submit its recommendations and suggestions relating to the problems and conditions existing within its particular scope and field to the full Planning and Zoning Commission. (Ord. 363, 9-5-2017)

11-3-12: CONFLICT OF INTEREST:

The City Council creating a commission shall provide that the area and interests within its jurisdiction are broadly represented on the commission. A member or employee of the City Council or commission shall not participate in any proceeding or action when the member or employee or his employer, business partner, business associate or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. A knowing violation of this section shall be a misdemeanor and punishable as provided herein. (Ord. 363, 9-5-2017)