Oak City City Zoning Code
PLANNING COMMISSION
§ 155.080 MEMBERSHIP; OFFICERS.
(A) The Planning Commission shall consist of five regular members, which shall be appointed by the Town Council. Alternate non-voting members shall include the Mayor and one Council member. The members shall serve a five-year term with one Commission member being replaced each year. The senior Commissioner will become the new Chairperson each year.
(B) The officers of the Planning Commission shall be a Chairperson and a Vice Chairperson. In the absence of both the Chairperson and the Vice Chairperson, the members present at such a meeting shall elect a Chairperson pro tempore. The Chairperson pro tempore shall serve only for the meeting at which he or she is appointed or until relieved of the Chair by the Chairperson or Vice Chairperson.
(C) The Town Clerk will act as secretary to the Planning Commission.
(Prior Code, § 10-4-1) (Ord. 2001-02, passed 10-3-2001)
§ 155.081 MEETINGS.
(A) Regular. The regular meetings of the Commission shall be held the first Wednesday of every quarter; providing that:
(1) All meetings have been advertized and posted as required by law, by the Town Clerk;
(2) A quorum of the commission at any regular meeting may, by formal action, substitute another day for a regular meeting for the following quarter;
(3) If, for any reason, the business to be considered at the meeting cannot be completed, the commission may designate the time for an adjourned meeting to consider the unfinished business. Such action shall serve an adequate notice to those present at such meeting and the Town Clerk shall advise absentee members of the adjourned meeting; and
(4) In the event of lack of quorum at a regular meeting, the Chairperson or Vice Chairperson or Chairperson pro tempore, in that order, shall adjourn the meeting to another date in the same calendar month. Such action shall serve an adequate notice to those present at such meeting, and the Town Clerk shall advise absentee members of the adjourned meeting.
(B) Special. Special meetings may be called:
(1) By action of the Commission at a regular or adjourned meeting;
(2) By order of the Chairperson or, in his or her absence, by the Vice Chairperson; and/or
(3) By written request to three or more members of the Commission. Written notice for special meetings shall be provided by the Town Clerk. In the event of emergency, a telephone notice and a hand- delivered written notice shall be given to each Commission member. Action on matters at special meetings shall be limited to subjects announced in the call for such special meeting.
(Prior Code, § 10-4-2) (Ord. 2001-02, passed 10-3-2001)
§ 155.082 AGENDA FOR REGULAR MEETINGS.
(A) Agenda items to be considered at the regular meetings will be submitted to the Town Clerk not less than three days prior to the meeting. A copy of the agenda for regular meetings of the Planning Commission shall be provided to each member not less than two days prior to the date of the meeting at which such agenda is to be considered.
(B) None of the following subject matters shall be placed on the agenda for any given meeting which are not formally filed with the Town Clerk in the manner provided by law or which were not initiated by motion of the Planning Commission more than three days prior to the meeting at which such matters are to be considered:
(1) Subdivision plats;
(2) Applications for amendments to zoning or other official plan ordinances;
(3) Applications for variances;
(4) Application for, or proceedings initiated by the Planning Commission for the consideration of the general plan or elements thereof, or precise plans, or any amendments thereof; and
(5) Any matter which, by law, is required to be considered at a public hearing.
(C) When any matter is filed with the Town Clerk for consideration and action by the Planning Commission which is of concern to other city departments, the Town Clerk shall notify the Department and request a report or recommendation on the impending matter. The Town Clerk shall provide any information or materials required to clearly indicate the action under consideration. The Town Clerk shall present the reports to the Commission at the time the matter is before it.
(Prior Code, § 10-4-3) (Ord. 2001-02, passed 10-3-2001)
§ 155.083 MINUTES AND RECORDS.
(A) It shall be the duty of the Town Clerk to keep the minutes of all official meetings of the Planning Commission, including public hearings whether presided over by the Commission as a whole or by a designated member or members. It shall be the duty of the Town Clerk to maintain all of the records of the Planning Commission, including all applications made under provisions of the law and the complete files of the proceedings and actions taken in connection therewith.
(B) The Town Clerk shall, not less than two calendar days prior to any regular meeting of the Planning Commission, transmit to each member of the Commission a full and complete copy of the minutes of the previous meeting, including copies of any resolutions referred to therein.
(C) Formal resolutions considered by the Planning Commission shall constitute a part of the minutes of the meeting at which such resolution was considered; provided, the text of any such resolution may be considered as being contained in the minutes when such minutes make proper reference to such resolutions.
(D) All resolutions shall be clearly identified by number, nature of subject matter and by date, so as to be clearly identified by reference, and each such resolution shall contain as part thereof a record of the names of the Commissioners voting aye, the names of the Commissioners voting no, and the names of the commissioners absent:
Moved by Commissioner seconded by Commissioner that an appropriate resolution to be numbered be adopted (approving, conditionally approving or denying, as the case may be, and referring to the application, precise plan, general plan, or any other subject matter involved) and that the Town Clerk be directed to draft such resolution incorporating therein the findings of fact, the nature of the action, the specific conditions, if any, and all pertinent matters developed at the hearing |
(E) It shall be the commission’s responsibility to make the determinations, identify the major findings of fact and indicate the conditions to be imposed, if any. In making a motion, the commissioner should, as far as possible, recite those things. Other members can, at that time, add items and all shall be combined in proper form in the resolution.
(F) When made, seconded and passed, such action shall be deemed to constitute conclusive determination as to the import of the action, such as to approve, conditionally approve or disapprove. It shall be the responsibility of the Town Clerk or the person designated in the motion to prepare the exact text of such resolutions in keeping with the directions incorporated in the motion, and such resolution shall by reference be incorporated as a part of the minutes as provided below.
(G) All actions of the Commission, whether by motion or by resolution, shall be considered conclusive as to the general import as of the date of such action; provided that, such action, as to details, shall be subject to correction at the time of considering and approving the minutes of meetings at which such actions are taken, and such correction and conclusive approval shall apply also to the text of resolutions incorporated by reference in such minutes.
(Prior Code, § 10-4-4) (Ord. 2001-02, passed 10-3-2001)
§ 155.084 HEARINGS.
(A) Hearings conducted by the Commission shall conform to the provisions of the law in the matter of public notice, time, number and reporting. A formal hearing before the Commission which for any reason cannot be completed at the time and place originally advertised, may be adjourned to a later date and the announcement of such adjournment and the time and place of such adjourned meeting shall constitute a sufficient notice to all parties concerned.
(B) Any member, or members designated by the Commission for the purpose, shall be authorized and qualified to preside over and conduct any formal hearing; provided that, the purpose of such hearing shall be confined to the taking and recording of all pertinent testimony, and the member or members conducting such hearings shall summarize the testimony introduced and render their opinions thereon to the full Commission. Decisions on all matters heard at such hearings before a member, or members, shall be made only at, and by, a regular or adjourned or special meeting of the Commission.
(C) In the absence of the Chairperson or Vice Chairperson or a member of the Commission specifically designated to preside at any hearing, any member of the Commission present at such time and place of hearing may represent the Planning Commission and conduct the hearing in the manner proscribed in division (B) above.
(Prior Code, § 10-4-5) (Ord. 2001-02, passed 10-3-2001)
§ 155.085 QUORUM.
A majority of the members of the Commission shall constitute a quorum for the conducting of routine business, and a majority of members present at a meeting shall be sufficient to act, except when:
(A) Actions on “official” matters shall be decided only by a two-thirds’ majority vote of the full membership of the Commission. Such actions shall include approval of any general plan or element thereof, precise plan or amendments thereof, or changes in the zoning ordinance text; and
(B) Action on subdivisions and routine matters other than those specified in division (A) above may be decided by a majority (four) of the full membership of the Planning Commission.
(Prior Code, § 10-4-6) (Ord. 2001-02, passed 10-3-2001)