Chapter 2.20
PLANNING AND ZONING COMMISSION*

Sections:

2.20.010    Creation – Officers – Membership.

2.20.020    Repealed.

2.20.025    Compensation.

2.20.030    Incorporation of state law by reference.

2.20.040    Powers and duties.

2.20.050    Staff assistance to commission.

2.20.055    Quorum.

2.20.060    Commission chair.

2.20.061    Meetings.

2.20.065    Repealed.

2.20.070    Public meeting notification.

2.20.071    Repealed.

2.20.081    Repealed.

2.20.091    Repealed.

2.20.101    Repealed.

2.20.111    Repealed.

2.20.115    Commission-initiated legislation requests.

2.20.121    Repealed.

2.20.122    Agenda and agenda packets.

2.20.131    Order of business.

2.20.135    Meetings – Rules of proceedings.

2.20.137    Audience participation.

2.20.141    Repealed.

2.20.151    Repealed.

2.20.161    Repealed.

2.20.171    Repealed.

2.20.181    Repealed.

2.20.191    Repealed.

2.20.201    Repealed.

2.20.211    Repealed.

2.20.221    Repealed.

2.20.231    Repealed.

2.20.241    Repealed.

2.20.251    Repealed.

2.20.261    Repealed.

2.20.271    Repealed.

2.20.281    Voting.

2.20.291    Repealed.

2.20.301    Repealed.

2.20.311    Repealed.

2.20.321    Cause for removal.

2.20.331    Conflict of interest.

*    Prior ordinance history: Ords. 75, 446, 499 and 600.

2.20.010 Creation – Officers – Membership.

A. There is created a city planning and zoning commission which shall consist of seven members.

B. All members must be residents of the city. (Ord. 15-019 § 4, 2015; Ord. 14-014 § 3, 2014; Ord. 05-013 § 3, 2005; Ord. 605 § 3, 2003)

2.20.020 Membership terms.

Repealed by Ord. 15-019. (Ord. 14-014 § 3, 2014; Ord. 05-013 § 3, 2005; Ord. 605 § 3, 2003)

2.20.025 Compensation.

A. Each commission member shall receive $50.00 per each regular and special meeting.

B. A commission member may decline compensation by completing the form required to decline compensation. (Ord. 14-014 § 3, 2014; Ord. 14-004 § 3, 2014; Ord. 05-013 § 3, 2005)

2.20.030 Incorporation of state law by reference.

To the extent applicable, the laws of the state dealing with planning and zoning commissions, present and future, and all amendments thereto, are incorporated into this chapter and expressly included herein. (Ord. 14-014 § 3, 2014; Ord. 05-013 § 3, 2005; Ord. 605 § 3, 2003)

2.20.040 Powers and duties.

The commission shall be required to do the following:

A. Comprehensive Plan. From time to time, develop, adopt, alter or revise, subject to approval and amendment by the city council, a comprehensive plan for the physical development of the city. Such comprehensive plan, with accompanying maps, plats, charts, descriptive and explanatory matter, shall show the commission’s recommendations for the development of the city territory and may include, among other things:

1. A statement of policies, goals, and standards;

2. A land use plan;

3. A community facilities plan;

4. A transportation plan; and

5. Recommendations for implementation of the comprehensive plan;

B. Make Recommendations. Make recommendations to the borough platting board regarding platting and subdividing of lots, blocks or lands, roads, water and sewer, within the city limits and, to the extent allowed by the borough platting board, regarding water and sewer within the city’s water and sewer district outside the city limits;

C. Ordinances and Policies Concerning Subdivision of Land.

1. In exercising the powers granted it by this section, the commission may prepare and recommend for city council adoption ordinances and policies governing the subdivision of land within the city limits. Such ordinances and policies may provide for the harmonious development of the city and its environs; for the coordination of streets and other ways within the subdivided land with other existing or planned streets and ways and for conformance to the comprehensive plan or official map; for adequate open spaces; for spaces for traffic, utilities, recreation, light and air; and for the avoidance of congestion of population;

2. Subdividing, for the purposes of this section, shall be deemed to include the division of any lot, tract, or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development;

D. Perform duties as set out in PMC Title 17, Zoning; and

E. Perform those duties established by the council from time to time. (Ord. 14-014 § 3, 2014; Ord. 05-013 § 3, 2005; Ord. 605 § 3, 2003)

2.20.050 Staff assistance to commission.

A. The city manager or designee shall assist the commission and shall be qualified by special training and experience in the field of city planning.

B. The city manager or designee will be the regular technical adviser of the commission and may also be designated its executive secretary, but the city manager or designee shall not have the power to vote. (Ord. 14-014 § 3, 2014; Ord. 05-013 § 3, 2005; Ord. 605 § 3, 2003)

2.20.055 Quorum.

A quorum shall be made up of four members and be required to conduct a meeting, except that less than a quorum can adjourn a meeting to another time or date. (Ord. 14-014 § 3, 2014; Ord. 05-013 § 3, 2005)

2.20.060 Commission chair.

A. The chair shall preside at all meetings, may participate in the debate, and vote on any matter of the commission.

B. In the temporary absence or disability of the chair, the vice chair shall exercise all the powers of chair during such temporary absence or disability of the chair and may also vote. (Ord. 14-014 § 3, 2014; Ord. 05-013 § 3, 2005)

2.20.061 Meetings.

A. All meetings are open to the public and shall be electronically recorded. The public shall have the reasonable opportunity to be heard.

B. Regular Meetings.

1. Regular meetings of the commission shall be held on the third Thursday of each month beginning at 7:00 p.m. in the city council chambers, unless otherwise designated by the commission.

2. In order to give the public a greater opportunity to attend and participate in the commission meetings, the commission may hold a regular meeting in public locations throughout the city other than the usual meeting place. When the commission designates an alternate location, the public must be notified as required in PMC 2.20.070.

C. Special Meetings.

1. A special commission meeting may be held at the call of the chair, any two commission members, or the city manager.

2. No business shall be transacted at any special meeting except that which is specifically stated in the meeting notice.

D. Teleconferencing. Teleconferencing may be used for all lawful activities of the city and, if all voting individuals have an opportunity to evaluate all testimony and evidence, to vote on actions.

E. Adjournment.

1. The commission shall adjourn not later than 11:00 p.m. and may not reconvene any earlier than 9:00 a.m. the next day.

2. However, by two-thirds consent of the commission the meeting may be extended for up to one hour, at which time adjournment is mandatory.

F. Unsuitable Location.

1. If, after having been lawfully assembled in a location properly designated, the commission determines that a condition exists which renders such location unsuitable, it may recess the meeting and reconvene at a different location suitable to the needs of the commission.

2. The location to which the meeting shall be reconvened shall be made known publicly prior to recess and notices shall be posted at the place originally designated by the clerk or designee; provided, that failure to post shall not affect the jurisdiction of the meeting.

G. Minutes.

1. Minutes shall be kept of the commission’s proceedings, and such minutes shall record the vote of each member upon every question.

2. Every decision or finding shall immediately be filed in the city clerk’s office and shall be a public record open to inspection by any person. (Ord. 14-014 § 3, 2014; Ord. 05-013 § 3, 2005; Ord. 605 § 3, 2003)

2.20.065 Public meetings required.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005)

2.20.070 Public meeting notification.

A. All public notices must include the date, time and place of a meeting, and if the meeting is by teleconference, the location of teleconferencing facilities that will be used.

B. Regular Meeting. Public meeting notification shall be by means of posting the agenda on the city’s website and by publishing the agenda for a regular meeting five days prior to the meeting.

C. Special Meeting. Public meeting notification shall be by means of posting the agenda on the city’s website and by publishing the agenda for a special meeting three days prior to the meeting. (Ord. 14-014 § 3, 2014; Ord. 05-013 § 3, 2005)

2.20.071 Presiding officer.

Repealed by Ord. 05-013. (Ord. 605 § 3, 2003)

2.20.081 Time and location – Public meetings required.

Repealed by Ord. 05-013. (Ord. 605 § 3, 2003)

2.20.091 Special meetings – Notice.

Repealed by Ord. 05-013. (Ord. 605 § 3, 2003)

2.20.101 Commission meetings – Time of adjournments.

Repealed by Ord. 05-013. (Ord. 605 § 3, 2003)

2.20.111 Location change.

Repealed by Ord. 05-013. (Ord. 605 § 3, 2003)

2.20.115 Commission-initiated legislation requests.

At a regular meeting, two commission members may direct the city manager or designee to prepare legislation pertaining to PMC Title 17 for action at a subsequent meeting; provided, however, the majority of the commission may vote to override the direction. The direction and motion to override may occur even though neither is on the agenda. (Ord. 14-014 § 3, 2014; Ord. 07-020 § 6, 2007)

2.20.121 Emergency special meetings.

Repealed by Ord. 05-013. (Ord. 605 § 3, 2003)

2.20.122 Agenda and agenda packets.

A. The agenda for each meeting shall be prepared by the city manager or designee after consultation with the chair. The agenda shall include any discussion item requested in writing and signed by the chair or two commission members. The request shall be made to allow the timeframes of PMC 2.20.070.

B. The city manager or designee shall attempt to notify each commission member at least 48 hours prior to a regular meeting. Notification shall be by means of a packet including information on the time and place of meeting and the agenda. Whenever practicable, minutes of the previous meeting and other background material pertinent to the agenda shall be included in the packet. (Ord. 14-014 § 3, 2014; Ord. 07-020 § 5, 2007; Ord. 05-013 § 3, 2005)

2.20.131 Order of business.

At every regular meeting of the commission the order of business shall be as follows:

A. Call to order;

B. Roll call;

C. Pledge of allegiance;

D. Approval of agenda;

E. Minutes of previous meetings;

F. Persons to be heard;

G. Public hearings;

H. Unfinished business;

I. New business;

J. Plat reviews;

K. Public comments;

L. Staff report;

M. Commission member comments;

N. Adjournment; provided, however, the agenda can be changed by the majority vote of the commission if such change would serve the public interest or expedite business. (Ord. 14-014 § 3, 2014; Ord. 06-022 § 3, 2006; Ord. 05-013 § 3, 2005; Ord. 605 § 3, 2003)

2.20.135 Meetings – Rules of proceedings.

Meetings shall be conducted under the current edition of Robert’s Rules of Order, Newly Revised Edition. (Ord. 14-014 § 3, 2014)

2.20.137 Audience participation.

All presentations to the commission shall be limited to three minutes per person, five minutes per group and also limited to a total time of not more than 30 minutes, unless the limitations are enumerable, in which case the presiding officer may set reasonable limits. (Ord. 14-014 § 3, 2014)

2.20.141 Amending amendments.

Repealed by Ord. 05-013. (Ord. 605 § 3, 2003)

2.20.151 Speaking procedure.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005)

2.20.161 Parliamentary inquiry of chair.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005)

2.20.171 Point of order.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005)

2.20.181 Second required.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005)

2.20.191 Reduction to writing.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005)

2.20.201 Amending amendments.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005)

2.20.211 Ordering previous question.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005)

2.20.221 Withdrawal.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005)

2.20.231 Division of question.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005)

2.20.241 Motion to reconsider and rescind.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005)

2.20.251 Rules – Amendment – Observance required – Transgression.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005)

2.20.261 Motions – Disposition – Withdrawal.

Repealed by Ord. 05-013. (Ord. 605 § 3, 2003)

2.20.271 Speaking procedure.

Repealed by Ord. 05-013. (Ord. 605 § 3, 2003)

2.20.281 Voting.

A. The presiding officer shall declare all votes; but if any member doubts a vote, the presiding officer, without further debate upon the question, shall request a roll call vote, and the presiding officer shall declare the result.

B. The vote upon all matters considered by the commission shall be taken by yes or no votes which shall be entered upon the record, except that when the vote is unanimous, it shall be necessary only to so state.

C. Every member present shall vote, unless the presiding officer excuses the member because of substantial financial interest and the commission does not override the presiding officer’s action. Declarations to be excused must be made before the vote, and shall be decided without debate.

D. The affirmative or negative vote of at least four members shall be required for official action of the commission. (Ord. 14-014 § 3, 2014; Ord. 05-013 § 3, 2005; Ord. 605 § 3, 2003)

2.20.291 Procedural rules – Suspension – Observance required – Transgression.

Repealed by Ord. 05-013. (Ord. 605 § 3, 2003)

2.20.301 Robert’s Rules of Order.

Repealed by Ord. 05-013. (Ord. 605 § 3, 2003)

2.20.311 Informal meetings.

Repealed by Ord. 14-014. (Ord. 05-013 § 3, 2005; Ord. 605 § 3, 2003)

2.20.321 Cause for removal.

A. A commission seat shall become vacant upon the occurrence of any of the following:

1. Expiration of the term of office;

2. Death of the commission member;

3. Resignation approved by the council;

4. Ceasing to possess required eligibility qualifications to be a commission member;

5. Conviction of a felony involving moral turpitude or an offense involving a violation of an oath of office;

6. Judicial determination that the commission member is of unsound mind;

7. A decision of a competent tribunal declaring the appointment of the commission member void;

8. Failure to take an oath of office within 30 days of appointment to office or within such shorter time between appointment and the date of the commission member’s first commission meeting;

9. No longer physically resides in the city; and

10. Other just cause for removal.

B. In addition, a commission member may be removed by the council if, during any 12-month period while in office:

1. The commission member is absent from three regular meetings without excuse; or

2. The commission member is absent from six regular meetings. (Ord. 14-014 § 3, 2014; Ord. 05-013 § 3, 2005; Ord. 605 § 3, 2003)

2.20.331 Conflict of interest.

A commission member shall declare a substantial financial interest the member has in an official action prior to discussion and vote on the matter.

A. The chair shall rule on the request to be excused from discussion and vote;

B. The decision of the chair on the request may be overridden by a majority vote. (Ord. 14-014 § 3, 2014; Ord. 05-013 § 3, 2005; Ord. 605 § 3, 2003)