The zoning ordinance was adopted as part of a program for developing the Pelham Comprehensive Plan; zoning is one of the tools to carry out this plan. The Pelham Planning Commission is organized to advise the city council directly on all applications for changes in the zoning ordinance. All map change applications will be compared to all parts of the Pelham Comprehensive Plan in effect at that time and any other plan, study, or program of improvement in effect or having official status or endorsement.

(Ord. No. 135-182, 7-16-07)

The Pelham Planning Commission is established under authority granted by the City Council of the City of Pelham as provided in Code of Ala. 1975, § 11-52-1. The commission shall be governed by these rules of procedure and the zoning ordinance of the City of Pelham.

(Ord. No. 135-182, 7-16-07)

1.

Composition. The membership of the commission shall be composed of nine members; namely, the mayor, one of the administrative officials of the municipality selected by the mayor, and a member of the council to be selected by it as members ex officio, and six persons who shall be appointed by the mayor.

2.

Terms of membership. The terms of ex officio members shall correspond to their respective official tenures, except that the term of the administrative official selected by the mayor shall terminate with the term of the mayor selecting such administrative official. The term of each appointed member shall be six years or until his successor takes office.

3.

How replaced. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the mayor in the case of members selected or appointed by the mayor, and by council in the case of council members selected by council.

(Ord. No. 135-182, 7-16-07)

1.

Chairman. A chairman shall be elected by the members of the commission. The chairman's term shall be for one year beginning with the date of election, and the chairman shall be eligible for re-election. The chairman shall decide upon all points of order and procedure subject to these rules of procedure unless directed otherwise by a majority of the commission in session at the time. The chairman may appoint any subcommittee deemed necessary to investigate any matter before the commission.

2.

Vice chairman. A vice chairman shall be elected by the commission from among its regular members in the same manner and for the same term as the chairman. The vice chairman shall serve as an acting chairman in the absence of the chairman, and at such times the vice chairman shall have the same powers and duties as the chairman.

3.

Secretary. The city clerk shall perform the administrative and clerical functions of the commission. The city clerk shall keep all records, and handle all correspondence and notices for the Commission.

(Ord. No. 135-182, 7-16-07)

1.

Procedure for filing.

a.

The planning commission shall hear all requests for change in the zoning ordinance of the City of Pelham and shall transmit their recommendations to the city council. The applicant must file an application for a hearing in the office of the city clerk of the City of Pelham. All applications shall be made upon the form furnished for that purpose and all information shall be complete and fees paid before the application shall be considered as having been filed. Before any action shall be taken as provided in these rules of procedure, the applicant petitioning for amendment shall deposit with the City of Pelham the sum of $300.00 plus $10.00 per acre to cover the approximate cost of handling his application. Applications must be filed by 4:30 p.m., 15 days prior to the date of hearing.

b.

Under no condition shall said sum or any part thereof be refunded for failure of each proposed amendment to be enacted into law. No action shall be initiated for a zoning amendment affecting the same parcel of land more often that once every 12 months, provided that by unanimous resolution of the city council, that such action may be initiated at any time.

2.

Hearings.

a.

Any party may appear in person or by agent or by attorney at the hearing. The order of each hearing shall be as follows:

i.

The chairman, or such person as the chairman shall direct, shall give a preliminary statement of the case.

ii.

The applicant shall present the argument in support of the application.

iii.

Persons opposed to the application shall present the argument against the application.

iv.

Both sides will be permitted to present rebuttals to opposing testimony.

v.

The chairman shall summarize the evidence which has been presented, giving the parties opportunity to make objections and corrections.

b.

Witnesses may be called and factual evidence may be submitted, but the planning commission shall not be limited to consideration of such evidence as would be admissible in a court of law. The commission may view the premises before arriving at a decision.

c.

An application for a rehearing may be made in the same manner as provided for in an original hearing. The application for rehearing shall be denied by the commission if from the record it shall appear that there has been no substantial change in facts, evidence, or conditions. The $300.00 application fee shall be returned to the applicant if the rehearing results in a reversal of opinion by the commission, otherwise the fee shall be retained.

3.

Decisions.

a.

Upon agreement of a majority of the members present, decisions of the commission may be made in executive session not more than 15 days from the time of the hearing or 30 days from the date of receipt of the application.

b.

The final decision of the planning commission shall be shown in the record of the case as entered in the minutes of the commission and signed by the chairman and city clerk. Such record shall show the reasons for the determination.

c.

The concurring note of a majority of the members present shall be necessary to recommend in favor of the applicant or to decide in favor of any matter before the commission.

(Ord. No. 135-182, 7-16-07; Ord. No. 135-195, 3-25-13, eff. 3-30-13)

1.

Meeting place. Regular meetings of the commission shall be held in the city hall, provided, that if the commission chairman so directs, meetings may be held at any other place in the city.

2.

Special meetings. Special meetings of the commission may be called at any time by the chairman. Written or oral notice of the time and place of special meeting shall be given to each member of the commission.

3.

Cancellation of meetings. Whenever there are no applications, public hearings, or other business for the commission, the chairman may dispense with a regular meeting by giving written or oral notice to all members.

4.

Conduct of meetings. All meetings shall be open to the public. The order of business at regular meetings shall be as follows:

a.

Roll call.

b.

Approval of minutes of previous meeting.

c.

Hearing of cases.

d.

Unfinished business.

e.

New business.

5.

No commission member shall take part in the hearing or decision of any case in which such member shall be personally or financially interested.

(Ord. No. 135-182, 7-16-07)

A quorum shall consist of four members of the commission. When less than four members are present for any hearing, then those that are present shall agree to and announce the time and place for a continued hearing.

(Ord. No. 135-182, 7-16-07)

The minutes of every meeting of the commission shall be kept in a permanent volume in the office of the city clerk, and shall be a public record. these shall show the record of every action taken by the commission and the reason therefore and every resolution acted upon by the commission.

(Ord. No. 135-182, 7-16-07)

These rules may, within the limits allowed by law, be amended at any time by the Pelham Planning Commission upon its own initiative.

(Ord. No. 135-182, 7-16-07)

These rules of procedure shall become effective when duly adopted by the Pelham Planning Commission.

(Ord. No. 135-182, 7-16-07)