A.   Composition: There is hereby created within and for the City a Planning Commission, which must consist of seven (7) members, as provided in this section. Each member of the Planning Commission must be a resident of the City at the time of appointment and remain a City resident throughout the member's term. If a Planning Commission member ceases to be a City resident the position of the member will become vacant and a new appointment must be made.

   B.   Appointment: The Mayor is authorized to appoint the members of the Planning Commission, except for the "ex officio" member. Mayoral appointments to the Planning Commission are subject to approval and confirmation by the City Council.

   C.   Ex Officio Members: The building official of the City is appointed as an ex officio member of the Planning Commission without voting powers. The building official receives no separate compensation apart from that of the salary received in the capacity of the building official position with the City.

   D.   Term; Vacancies: Members of the Planning Commission hold office for a term of three (3) years. When a vacancy occurs on the commission, an appointment must be in accordance with subsection B of this section.

   E.   Quorum: Five (5) members of the Planning Commission constitutes a quorum for the transaction of business. Except as otherwise expressly stated in this chapter, when a quorum is present a vote by a simple majority of the Planning Commission members present is required for the transaction of Planning Commission business.

   F.   Meetings, Organization And Rules:

      1.   Meetings of the Planning Commission are held at the call of the Chairperson and at such other times as the Planning Commission may determine.

      2.   The provisions of the Oklahoma Open Meeting Act 1 , as the Act now exists or as it may be amended by the Oklahoma Legislature applies to all public meetings of the Planning Commission.

      3.   The members of the Planning Commission must, in June of each year, elect from their members a Chairperson, a Vice Chairperson and Secretary, who will serve in their elected office for a period of one year.

      4.   The members of the Planning Commission must adopt from time to time such bylaws, rules and regulations and amendments thereto as may be necessary to effectuate the purposes of this chapter.

   G.   Powers And Duties:

      1.   General Powers, Duties And Authority: The Planning Commission is authorized to prepare from time to time plans for the systematic development and betterment of the City as a place of residence or for business. It may consider and investigate any subject matter pertaining to development and betterment of the City and make recommendations as it may deem advisable to any department of the Municipal government, and for any purpose make or cause to be made surveys, maps or plans. The Planning Commission must inure to such other powers and be obligated to the performance of such other duties as prescribed to it by the ordinances of the City or laws of the State of Oklahoma.

      2.   Employment Of Staff, Payment Of Expenses: The Planning Commission is authorized to employ engineers, attorneys, clerks and a secretary, or other personnel or consultants as it deems reasonable and necessary for the performance of its powers and duties subject to approval of such employment of personnel or consultants by the City Council and upon such terms of employment as the City Council may approve. The compensation of such personnel or consultants will be paid out of the City Treasury as other officers, employees or consultants. The necessary expenses incurred by the Planning Commission incurred in the performance of its powers and duties must be appropriated and paid out of the City Treasury as other legally incurred expenses of the Municipality, but in no event may the Planning Commission be authorized to create a deficiency.

      3.   Comprehensive Plan: The Planning Commission shall conduct a complete formal review of the comprehensive plan that is in effect not later than the last day (June 30) of the next fiscal year after the fiscal year in which this section is passed and approved by the City Council. After formal review of the comprehensive plan, as specified in the preceding sentence, the Planning Commission must conduct and complete periodic formal reviews of the comprehensive plan on a schedule of 10-year intervals with each subsequent formal review to be completed no later than the last day of the tenth fiscal year following each preceding formal review.

      4.   Public Projects: Before final action may be taken by the City Council, or any department of the City on the location, construction or design of any public building, statue, memorial, park, parkway, boulevard, street and alley, playground, public ground, or bridge, or the change in the location or grade of any street or alley, the question shall be submitted to the Planning Commission for investigation and report of its findings and recommendations to the City Council. The report of the Planning Commission's findings and recommendation shall be completed and submitted to the City Council within sixty (60) days of the date such question was submitted to the Planning Commission for investigation and report, or such other time period as may be prescribed or allowed by the City Council.

      5.   Subdivision Of Land:

         a.   The Planning Commission has jurisdiction over the subdivision of land within the corporate limits of the City.

         b.   The Planning Commission must adopt regulations governing the subdivision of land within its jurisdiction, which regulations do not become effective until they are approved by the City Council and published as provided by law for the publication of ordinances.

         c.   All plans, plats, or replats of land laid out in lots or blocks, and the streets, alleys, or other portions of the same, intended to be dedicated to public or private use, within the corporate limits of the City, must first be submitted to the Planning Commission for its approval or rejection. Before such plans, plats, or replats are recorded in the Office of the County Clerk, they must be approved by the City Council.

         d.   Any plat filed without the endorsed approval of the City Council does not import notice nor impose any obligation or duties on the City.

         e.   The disapproval of any such plan, plat or replat by the City Council is deemed a refusal of the proposed dedication shown thereon.

   H.   Zoning Commission: The Planning Commission must act as the Zoning Commission. (Ord. 2018-16, 12-4-2018)

   A.   Composition: The Board of Adjustment must consist of five (5) members.

   B.   Appointments: Board of Adjustment members must be appointed by the Mayor and confirmed by the City Council.

   C.   Terms: Members of the Board of Adjustment serve 3-year staggered terms.

   D.   Vacancies: In the event of a vacancy occurring in the membership of the Board of Adjustment for any reason, an appointment for the remainder of the vacant term must be made in the same manner as regular appointments.

   E.   Removal: A Board of Adjustment member may be removed for cause by the City Council after notice, written charges and public hearing.

   F.   Compensation: Members of the Board of Adjustment serve without compensation.

   G.   Officers: The Board of Adjustment must elect a Chairperson and Vice Chairperson.

   H.   Rules Of Procedure: The Board of Adjustment must adopt rules necessary for the conduct of its affairs.

   I.   Meetings: Meetings are held at the call of the Chairperson and at other times as the Board of Adjustment may determine. The Chairperson, or in the Chairperson's absence, the Acting Chairperson, may administer oaths and compel attendance of witnesses. All meetings of the Board of Adjustment must be conducted in compliance with the Oklahoma Open Meeting Act. The Board of Adjustment must keep records of its proceedings and official actions, all of which must be open to the public in compliance with the Oklahoma Open Records Act.

   J.   Powers And Duties: The Board of Adjustment has the powers and duties that are expressly identified in this UDO, including hearing and acting on applications for variances and special exceptions.

   K.   Appeals To District Court:

      1.   Procedure:

         a.   An appeal from any action, decision, ruling, judgment, or order of the Board of Adjustment may be taken by any person or persons who were entitled, pursuant to any provision of this UDO, to mailed notice of the public hearing before the Board of Adjustment, by any person or persons whose property interests are directly affected by such action, decision, ruling, judgment or order of the Board of Adjustment, or by the City Council to the District Court of Mayes County by filing with the City Clerk and with the Clerk of the Board of Adjustment within ten (10) days of the date of such action, a notice of appeal that specifies the grounds for the appeal. No bond or deposit for costs is required for such an appeal.

         b.   Upon filing of the notice of appeal, the Board of Adjustment must transmit to the Clerk of the Mayes County District Court, the original or certified copies of all papers constituting the record in the case, together with the order, decision or ruling of the Board of Adjustment.

         c.   The appeal is heard and tried de novo in the District Court of Mayes County. An appeal from the action of the District Court may be taken as in all other civil actions. All issues in any proceedings under this section have preference over all other civil actions and proceedings.

         d.   Costs are not allowed against the Board of Adjustment unless the court finds that the Board of Adjustment, in making its decision, acted with gross negligence, in bad faith or with malice.

      2.   Stay Of Proceedings: During the pendency of such an appeal, the effectiveness of a decision of the Board of Adjustment may not be suspended unless a party applies to the District Court for a stay pending the District Court's determination of the merits of the appeal and the District Court issues the stay. Stays in appeals from the Board of Adjustment to the District Court may be obtained only as set forth in title 11 Oklahoma Statutes section 44-110. (Ord. 2018-16, 12-4-2018)

The Community Development Director is responsible for:

   A.   The interpretation, administration and enforcement of the provisions of this title;

   B.   Issuing permits as required with respect to this title;

   C.   Carrying out those powers and duties expressly identified in this title; and

   D.   Performing such other duties as directed by the Mayor and City Council. (Ord. 2018-16, 12-4-2018)