This article shall be known as the "Planning and Zoning Commission Ordinance."

(Ord. No. 250, § 1, 9-2-2020)

(a)

Mission statement. The planning and zoning commission (the commission) is responsible for planning, zoning and recommending to the city council future developments and related projects for the city.

(b)

Duties. The commission shall have and execute the following duties to the best of their ability in accordance with the city ordinances, resolutions and policies:

(1)

Members shall be familiar with the current ordinances, resolutions and policies of the city.

(2)

The commission shall encourage and incentivize citizenship within the city.

(3)

The commission shall review the following and make recommendations to the city council in accordance with the city ordinances, resolutions and policies:

a.

Master plan.

b.

Road projects.

c.

Subdivision requests.

d.

Development.

e.

Plats.

f.

Zoning.

g.

Additional items as may, from time to time, be delegated by the city council.

Any recommendation made by the commission shall be subject to the approval of the city council and is not binding on the city council.

(4)

The commission may approve/disapprove or take other action, including, but not limited to, authorizing purchases and expenditures, without making further recommendation to the city council, only when specifically authorized by city ordinance or resolution to take such action.

(c)

Nothing in this article shall require the commission to take any action other than making a recommendation to the city council.

(Ord. No. 250, § 2, 9-2-2020)

The commission shall be structured within the following guidelines:

(1)

Appointed members. The commission shall consist of six appointed members.

(2)

Ex officio non-voting member. The mayor shall serve as an ex officio non-voting member of the commission from the date elected to office. The mayor's presence or absence at a meeting on the commission shall not count towards or against a quorum required to hold a meeting of the commission.

(3)

Compensation. Members shall serve without compensation.

(4)

Member qualification. Members must meet and maintain each of the following qualifications:

a.

Residency.

1.

Members shall reside:

(i)

Within the corporate city limits; or

(ii)

Within the city's extraterritorial jurisdiction; or

(iii)

Within one of the counties in which the city is located, and own property in the city's corporate limits.

2.

Proof of residency qualification shall be submitted to the city secretary upon application to the commission, and must include a valid state-issued ID and two of the following:

(i)

Valid voter registration; or

(ii)

Current month utility bill; or

(iii)

Current year tax statement for real property.

b.

Familial relation. Members may not be related within the second degree of consanguinity to any city councilmember or any other commission member.

c.

Oath of office, training and conflicts of interest.

1.

Upon appointment or re-appointment, all members shall execute an oath of office form, a conflicts of interest form, and complete the following basic training:

(i)

Open Meetings Act;

(ii)

Public Information Act; and

(iii)

Conflict of interest.

2.

Members may, from time to time, be required to attend and complete other training as directed by the mayor. Additional trainings may be individual or group format and will be scheduled in advance. All required training will be paid for by the city and attendance is mandatory at all training after the member has committed to attendance (confirmed the training). If a member fails to attend a confirmed training, they shall reimburse the city for the expense of the training.

(5)

Officers.

a.

The appointed members will nominate and elect a chairperson and vicechairperson at the first commission meeting in August of each year. Except for the beginning of the first meeting in August of each year, the chairperson shall preside over each commission meeting, and, unless otherwise designated, shall be the point of contact for the commission to the city council and the public. The vice-chairperson shall serve in the same capacity as the chairperson when the elected chairperson is unable.

b.

At the first commission meeting in August of each year, the mayor shall preside over the beginning of the meeting as honorary chairperson until the election of a chairperson. The mayor may not otherwise be elected or serve as chairperson or vice-chairperson of the commission.

(6)

Quorum. Four appointed members of the commission shall constitute a quorum.

(Ord. No. 250, § 3, 9-2-2020)

Members of the commission are appointed by the city council and the mayor at the first city council meeting in August of each year. Each city councilmember and the mayor elected or re-elected to a full two-year term during the immediate prior election cycle may appoint one member to the commission. Each appointment shall be ratified by a vote of the city council, and a slate of appointments may be voted on as a whole.

(Ord. No. 250, § 4, 9-2-2020)

Appointed commission members shall serve two-year terms, from the date of the first commission meeting after the August city council meeting in which they were appointed through to the start of the first commission meeting at the expiration of two years. The term of the initial members shall be for staggered terms corresponding to the term of the appointing councilmember; therefore, if a member is appointed by a councilmember who has only one year left in their term, the appointed member's term shall coincide with the councilmember's term.

(Ord. No. 250, § 5, 9-2-2020)

Should an appointed commission member, during the member's term of appointment, vacate the member's position for any reason, except in the event of termination, or should there be an unappointed commission vacancy, the selecting councilmember or mayor shall appoint a replacement as soon as possible to fill the vacancy on the commission. The appointment shall occur at a city council meeting and the replacing commission member shall serve from appointment through the remainder of the unexpired term. If the city councilmember or mayor who made, or could have made, the vacant commission appointment is no longer in office, the replacing city councilmember or mayor shall appoint the replacement commission member.

(Ord. No. 250, § 6, 9-2-2020)

(a)

Failure to maintain member qualification. When an appointed member fails to meet or maintain the qualifications as stated herein, that member shall be considered inactive and shall be subject to termination as described in this section. Upon self-reported or third-party notice of a member's potential failure to meet or maintain member qualification, the city secretary shall notify such member in writing of such and request proof of qualification or continued qualification as required herein. If a member is unable to provide proof of qualification, they shall resign in writing from the commission within 15 days of the city secretary's written notice to provide such proof, or shall be terminated as follows in subsection (d) of this section.

(b)

Failure to attend meetings. Where an appointed commission member fails to attend three consecutive regularly scheduled monthly commission meetings in a row, or where a commission member does not attend a majority of the commission meetings in a rolling 12 months, and does not notify the commission chairperson and the city secretary as to the reason for non-attendance or submit a written resignation, the member's appointment to the commission shall be terminated as follows in subsection (d) of this section.

(c)

Resignation. A member may resign by written notice to the commission chairperson and the city secretary at any time and for any reason. If a member fails to resign and is terminated for failure to maintain member qualification or failure to attend meetings as follows in this section, such member shall not be eligible to serve on the commission again for a term of no less than five years.

(d)

Termination.

(1)

The process for termination of a commission member shall be as follows:

a.

The city secretary shall notify, in writing, the city councilmember or mayor who appointed the member to the commission; and

b.

The city councilmember or mayor who appointed the member shall terminate the appointment of the commission member by notifying the member and the city council in writing of the termination of appointment; and

c.

The city councilmember or mayor who made the appointment shall appoint a new commission member to fill the vacancy per the appointment process stated in section 44-22.

(2)

Should the city councilmember or mayor who appointed the member take no action within 30 days after notification by the city secretary, the city secretary shall notify the city council in writing and the city council shall terminate the appointment and appoint a new member to fill the vacancy.

(Ord. No. 250, § 7, 9-2-2020)