The Planning Commission shall be comprised of six members, who shall be residents of the City.

(Code 1997, § 40-902; Ord. of 2-6-2012, § 1(40-902))

Members of the Planning Commission shall be appointed by the Mayor and City Council to three-year terms. Members may be appointed for successive terms without limitation. Any vacancy in the membership of the Planning Commission that occurs prior to the expiration of a term of appointment shall be filled by the Mayor and City Council by appointing another member to serve during the unexpired term.

(Code 1997, § 40-903; Ord. of 2-6-2012, § 1(40-903))

Members of the Planning Commission shall serve without pay or compensation; provided, however, the members may be reimbursed for travel and training expenses in specific connection with their role as members of the Planning Commission, subject to budget limitations. This provision shall not obligate the City Council from a budgetary standpoint.

(Code 1997, § 40-904; Ord. of 2-6-2012, § 1(40-904))

The officers of the Planning Commission shall consist of a chairperson, vice-chairperson, and secretary, elected by the members of the Planning Commission. All officers shall have voting privileges and obligations as members of the commission. The term of office for officers shall be one year or until their successors are elected. An officer that has served a full one-year term may succeed himself without limitation. In the event of the resignation or removal of any officer, the commission members shall elect an individual from the commission to fill the remainder of the unexpired term. Unless otherwise determined by the commission, election of officers will normally take place during the first regular meeting in January of each calendar year.

(Code 1997, § 40-905; Ord. of 2-6-2012, § 1(40-905))

The chairperson shall preside at meetings of the Planning Commission, decide all points of order and procedure, represent the Planning Commission at official functions, appoint committees to investigate and report on matters which may come before the commission, and be responsible for carrying out policy decisions. In the absence of the chairperson, those duties shall be vested in the vice-chairperson. The secretary, or his designated agent, shall maintain the records of the Planning Commission.

(Code 1997, § 40-906; Ord. of 2-6-2012, § 1(40-906))

(a)

The Planning Commission shall keep a record of its resolutions, transactions, findings, determinations, recommendations, and actions. All records of the Planning Commission shall be public record.

(b)

A summary of the subjects acted on at meetings and those members present at a meeting of the Planning Commission shall be written and made available to the public for inspection within no more than five business days of the adjournment of a meeting of the Planning Commission.

(c)

The secretary of the Planning Commission or designee shall cause summary minutes of the Planning Commission's proceedings to be kept. The minutes of a meeting of the Planning Commission shall be completed as promptly as possible, and such records shall be open to public inspection once approved by the Planning Commission, but in no case later than immediately following the next regular meeting of the Planning Commission.

(Code 1997, § 40-907; Ord. of 2-6-2012, § 1(40-907))

All meetings of the Planning Commission shall be open to the public. The Planning Commission shall hold regular meetings unless it is notified by the secretary or Zoning Administrator that there is no business to conduct, in which case the chairperson may cancel the regular meeting. No meeting shall be held unless 48 hours' notice thereof has been provided to each member. If special meetings are called by the chairperson, the purposes of the special meeting shall be stated and no other business may be conducted at such special meeting.

(Code 1997, § 40-908; Ord. of 2-6-2012, § 1(40-908))

A quorum shall be required to be present for the Planning Commission to function and decide matters that come before it. A quorum shall consist of a majority of the members of the commission.

(Code 1997, § 40-909; Ord. of 2-6-2012, § 1(40-909))

The Planning Commission may adopt rules for the conduct of its activities as long as they do not conflict with any of the provisions of this chapter, the City Charter, or the this Code. Furthermore, such rules shall not be inconsistent with any applicable state laws. Such rules may establish regular meeting dates, procedures for calling special meetings, and other meeting matters. In the absence of such adopted rules, or in cases where adopted rules do not govern a given procedural question at hand, the Planning Commission shall follow the most recent edition of Robert's Rules of Order.

(Code 1997, § 40-910; Ord. of 2-6-2012, § 1(40-910))

The Planning Commission shall have all those duties necessary and reasonably implied as being necessary to carry out its duties as specified in this chapter. The powers and duties shall specifically include, without limitation, the following:

(1)

To adopt and amend rules, without the need to amend this article.

(2)

To cooperate with the federal, state, or local, public or semi-public agencies or private individuals or corporations, and carry out cooperative undertakings with the agencies, individuals, or corporations.

(3)

To prepare or cause to be prepared a comprehensive plan or parts thereof, for the development of the City or parts thereof, which shall be subject to the approval of the City Council.

(4)

To prepare and recommend for adoption to the local governing body with jurisdiction a plat or plats, or a corridor map or maps, showing the location of the boundary lines of existing, proposed, extended, widened or narrowed streets and linear open spaces and recreational areas, together with regulations to control the erection of buildings or other structures within such lines, within the jurisdiction or a specified portion thereof.

(5)

To make, publish, and distribute maps, plans and reports and recommendations relating to the planning and development of the City to public officials and agencies, public utility companies, civic, educational, professional, and other organizations and citizens.

(6)

To recommend to the City Council programs for capital improvements.

(7)

To prepare or cause to be prepared, and recommend for adoption by the City Council zoning ordinances, regulations for the subdivision of land, and any other land use regulations appropriate to manage development in the City.

(8)

To administer zoning and other land use regulations in whatever role is delegated to it by the City Council or as provided in this chapter. The Planning Commission shall specifically have authority and responsibility to review applications for zoning map amendments, applications for conditional use approval, applications for variances, and other related applications and provide a recommendation to the City Council.

(9)

To review and approve, conditionally approve or disapprove subdivision plats; provided, however, that if the Planning Commission is given authority to grant approval of final plats, the approval shall not constitute acceptance of public improvements which is a power reserved by the City Council over the subdivision plat.

(10)

To review and approve, conditionally approve or disapprove applications for site design and architectural review, as more fully specified in this chapter, subject to applicable appeal provisions of this chapter.

(11)

To establish one or more committees, including but not limited to a permit review committee to review administrative applications.

(12)

To review development, building and sign permit applications and consult with the Zoning Administrator and Building Inspector regarding compliance with the provisions of this chapter.

(13)

To exercise, in general, such other powers as may be necessary to enable it to perform its functions and promote the planning of its jurisdiction.

(Code 1997, § 40-911; Ord. of 2-6-2012, § 1(40-911))

It is in the best interests of the citizens to strongly encourage newly appointed members of the Planning Commission during the course of their term of appointment to attend one or more courses of training and education on matters pertaining to the operations, activities, duties, and subject matters of Planning Commissions. It shall be the responsibility of the Zoning Administrator to periodically notify members of the Planning Commission of appropriate education and training opportunities encouraged in this section. The following organizations and institutions among others are determined to be appropriate:

(1)

Training programs and seminars by the University of Georgia's Carl Vinson Institute of Government, the Georgia Institute of Technology's Graduate City and Regional Planning Program, Georgia State University, or any other institution of higher learning in the state.

(2)

Training programs by the Northeast Georgia Regional Commission.

(3)

Conferences of the Georgia Association of Zoning Administrators.

(4)

Conferences of the Georgia Chapter of the American Planning Association or the American Planning Association.

(5)

Planning commissioner workshops by the state department of community affairs.

(Code 1997, § 40-912; Ord. of 2-6-2012, § 1(40-912))

(a)

Should any member of the Planning Commission have a financial interest in any issue that comes before the commission, the member shall disqualify himself from participating in or considering the issue and shall not sit with the commission during deliberations. A member may raise the question of perceived conflict or actual financial conflict of interest of any other member regarding a specific issue that is before the commission.

(b)

If perceived or actual conflict is alleged, a majority vote of those without such alleged conflict shall determine if such perceived or actual financial conflict exists and whether the member with an alleged conflict should be allowed to participate.

(c)

If the majority vote is a determination that the member has an actual financial conflict of interest, the member with the financial conflict of interest shall disqualify himself from participating in or considering the issue and shall not sit with the commission during deliberations.

(d)

If it is determined by majority vote of members present that a perceived conflict of interest exists, but the conflict is one that does not rise to the level of financial interest, the individual member with perceived conflict shall have discretion as to whether he will vote on the matter in question, though the other members may make a recommendation to the member.

(Code 1997, § 40-913; Ord. of 2-6-2012, § 1(40-913))