Chapter 9-4
PLANNING COMMISSION
SECTION:
9-4-1: ESTABLISHMENT OF THE COMMISSION
9-4-5: CONFORMANCE WITH GENERAL PLAN
9-4-1 ESTABLISHMENT OF THE COMMISSION:
There is created a planning commission, to be composed of five (5) voting, one nonvoting member who is a representative of the city council and one alternate member. Members of the planning commission shall be appointed by the mayor, with the advice and consent of the city council. The ex officio member of the planning commission shall be appointed from among members of the city council by the mayor, with the advice and consent of the city council. The alternate member shall be utilized in order to maintain a quorum.
The planning commission shall consist of five (5) residents of Huntington City. At least three of these five (5) members shall hold no other public office or position within the city.
Members shall be selected without respect to political affiliations.
The members of the planning commission shall serve without compensation, but the city council shall provide for the reimbursement of the members of the planning commission for reasonable expenses incurred in performing their duties as members of the planning commission. (Ord. 3-2006, 10-18-2006)
9-4-2 APPOINTMENT- TERM:
The term of office of the members of the planning commission, with the exception of the ex officio member, shall be five (5) years, and until their respective successors shall have been appointed. The terms of the initial members shall be staggered so that three (3) members serve for three (3) years, and two (2) members serve for two (2) years. The alternate shall serve a two (2) year term. Appointments shall be made at the beginning of the calendar year.
Vacancies in the planning commission occurring for any reason other than the expiration of a term of office shall be filled through appointment by the mayor, with the advice and consent of the city council. Members appointed to fill such vacancies shall serve for the remainder of the unexpired term. The ex officio member shall serve at the pleasure of the city council, or until his or her term as a council person has expired, at which time a successor shall be appointed from among the members of the city council by the mayor, with the advice and consent of the city council. Any member may be reappointed for an additional term.
There is no limit to the number of terms a member may serve. Upon a majority vote in a public meeting, the city council may remove from office any member of the planning commission for misconduct or nonperformance of duty. Unexcused absence from three consecutive regular meetings of the planning commission shall constitute nonperformance of duty.
The planning commission shall elect from among its members a chairperson, whose term shall be one year. Any member may be reelected for an additional term as chairperson. There is no limit to the number of terms a member may serve as chairperson. If for any reason the position of chairperson is vacated before the elected member's term has expired, the planning commission shall elect from among its members a successor who shall serve for the remainder of the unexpired term. (Ord. 3-2006, 10-18-2006)
9-4-3 POWERS AND DUTIES:
The planning commission shall be the land use authority
A. Prepares and recommends a general plan and amendments to the general plan to the city council;
B. Prepares and recommends to the city council zoning ordinances and maps, and amendments to zoning ordinances and maps, which conform to the provisions of the general plan adopted by the city council;
C. Administers provisions of the zoning ordinance, where specifically provided for in the zoning ordinances adopted by the city council;
D. Prepares and recommends to the city council, subdivision regulations and amendments to those regulations, which conform to the provisions of the general plan adopted by the city council;
E. Recommends approval or denial of subdivision applications;
F. Advises the city council on matters as the city council directs and hears, or decides any matters that the city council designates and as otherwise authorized by state law;
G. Assists the city council with the creation of an appeal authority for the city of Huntington;
H. Conduct such public hearings as are required by law or as may be deemed necessary by the planning commission;
I. The planning commission has the power and authority to employ experts and a staff, and to pay such expenses as may be reasonable and necessary for carrying out the duties of the planning commission, but not in excess of such sums as may be appropriated by the city council and/or which may be placed at the disposal of the planning commission by gift or otherwise.
J. The planning commission or its authorized agents may enter upon any land, public or private, at reasonable times to make examinations or surveys.
K. Hears and decides any matters that the city council designates, including the approval or denial of conditional use permits and review of nonconforming uses and structures; and
L. Exercises other powers that are necessary to enable it to perform its function, or that are delegated to it by the city council. (Ord. 3-2006, 10-18-2006)
9-4-4 ORGANIZATION:
The planning commission may adopt such rules that it deems necessary for the conduct of its proceedings. The planning commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the recorder/clerk, which shall be the office of the planning commission, and shall be a public record.
A. Meetings: The planning commission shall meet monthly and at such times as the planning commission may determine necessary. Meetings shall be held at the Huntington City offices or at such other reasonable location(s) within Huntington City as the planning commission may adjourn from time to time. Meetings shall be held in accordance with the provisions of section 52-4-1 UCA (1953 edition), as amended (UCA), entitled “Open and public meetings”, or any successor statute enacted in its place.
B. Quorum: Three (3) members of the planning commission shall constitute a quorum. An alternate member may be counted as part of the membership for a quorum. A majority of the voting members present at a meeting at which a quorum is present shall be required for any action. No less than three (3) yes votes are required for passage of any action. (Ord. 3-2006, 10-18-2006)
9-4-5 CONFORMANCE WITH GENERAL PLAN:
A. Upon adoption of the general plan by the city council, thereafter, no street, park or other public way, ground, place or space; no public building or structure; and no public utility, whether publicly or privately owned, shall be constructed or authorized until and unless the location and extent thereof shall conform to the general plan.