CHAPTER XVI. ZONING AND PLANNINGCHAPTER XVI. ZONING AND PLANNING\ARTICLE 1. CITY PLANNING COMMISSION/BOARD OF ZONING APPEALS

ARTICLE 1. CITY PLANNING COMMISSION/BOARD OF ZONING APPEALS

The term of all members of the Planning Commission serving as of the effective date of the adoption of this Ordinance shall terminate effective June 30, 2008.  As soon as practicable after June 30, 2008, the City Council shall appoint five members to the Planning Commission and except as hereinafter provided, all members so appointed shall serve two year terms. Except for the initial appointment of members to the Planning Commission after June 30, 2008, the appointments shall be made at the first regular meeting of the City Council each May and the terms shall end two years thereafter. Two of the initial members of the Planning Commission appointed after June 30, 2008, shall be appointed to serve from the date of appointment until the City Council’s  first regular meeting in May 2009,  and  three  members  shall  be appointed  to  serve  until  the  first  regular  meeting  of   the  City Council in May 2010. All future members shall be appointed to serve two year terms. A member of the Planning Commission may be removed from office at any time with or without cause by a majority vote of the City Council. Vacancies on the Planning Commission shall be filled by the City Council as soon as reasonably practical after the occurrence of the vacancy.  Members of the commission shall serve without compensation.

(Code 2007; Ord. 956; K.S.A. 12-744 et seq.; Code 2014)

The members of the planning commission shall meet at such time and place as may be fixed in the commission’s bylaws.  The commission shall elect one member as chairperson and one member as vice-chairperson who shall serve one year and until their successors have been elected.  A secretary shall also be elected who may or may not be a member of the commission.  Special meetings may be called at any time by the chairperson or in the chairperson’s absence by the vice-chairperson.  The commission shall adopt bylaws for the transaction of business and hearing procedures.  A quorum shall be a simple majority of the entire membership.  Membership vacancies shall be counted when determining presence of a quorum.  A quorum must be physically present for business to be conducted.  An affirmative vote of a simple majority of a quorum is necessary for the commission to act upon routine matters.  Certain items statutorily require a greater majority, and in those instances, the Kansas Statues, Annotated prevail.  A proper record of all the proceedings of the commission shall be kept.  The commission, from time to time, may establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the commission. 

(Code 2007; K.S.A. 12-745; Code 2014)

The governing body and planning commission shall have all the rights, powers and duties as authorized in K.S.A. 12-741 et seq., and amendments thereto, which are hereby incorporated by reference as part of this section and shall be given full force and effect as if the same had been fully set forth.  The commission is hereby authorized to make or cause to be made, adopted and maintained a comprehensive plan for the city and any unincorporated territory lying outside of the city but within Kiowa County in which the city is located, which in the opinion of the commission forms the total community of which the city is a part.  The commission shall also cause to be prepared, adopted and maintained zoning and subdivision regulations on all land within the jurisdiction designated by the governing body.  The comprehensive plan and zoning and subdivision regulations are subject to final approval of the governing body by ordinance.  Periodically, the governing body may request the commission to undertake other assignments related to planning and land use regulations.

(Code 2007)

The planning commission is hereby designated to also serve as the city’s board of zoning appeals with all the powers and duties as provided for in K.S.A. 12-759.  The board shall adopt rules in the form of bylaws for its operation which shall include hearing procedures.  Such bylaws shall be subject to the approval of the governing body.  Public records shall be kept of all official actions of the board which shall be maintained separately from those of the commission.  The board shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote upon each question or appeal. A majority of the members of the board present and voting at the hearing shall be required to decide any appeal.

(Code 2007)

The governing body shall approve a budget for the planning commission and make such allowances to the commission as it deems proper, including funds for the employment of such employees or consultants as the governing body may authorize and provide, and shall add the same to the general budget.  Prior to the time that moneys are available under the budget, the governing body may appropriate moneys for such purposes from the general fund.  The governing body may enter into such contracts as it deems necessary and may receive and expend funds and moneys from the state or federal government or from any other resource for such purposes.

(Code 2007)