Title 17 PLANNING
Chapter 17.03 CITY PLANNING COMMISSION
17.03.010 City Planning Commission, Landmarks Preservation Advisory Board and Board of Adjustments.
17.03.020 Preservation powers and duties of City Planning Commission.
17.03.030 Additional powers and duties of the City Planning Commission.
17.03.040 Residential Appeals Committee of the City Planning Commission
17.03.010 City Planning Commission, Landmarks Preservation Advisory Board and Board of Adjustments.
A. City Planning Commission And Landmarks Preservation Advisory Board. The
membership and organization of the City Planning Commission and Landmarks
Preservation Advisory Board, shall be as prescribed in this code and Ordinance
Nos. 192 and 8883 C.M.S., as amended respectively, including, but not limited to
the amendments made by Ordinance No. 6485 C.M.S., and their powers shall be as
prescribed in said ordinances and in this code. Unless expressly stated therein,
neither the adoption of this code nor any amendments thereto, nor the repeal of
any ordinance, shall in any manner affect the organization of the City Planning
Commission or Landmarks Preservation Advisory Board as existing on the effective
date hereof. Unless expressly stated otherwise, all persons holding office on
said Commission or Board under any provision repealed by the ordinance codified
in this title shall continue to hold such office according to the former tenure
thereof.
B. Abolition of Board of Adjustments. The Board of Adjustments is
abolished; provided, however, that all matters pending before the Board of
Adjustments on the effective date of this section shall be heard and determined
by the Board, or by the City Council in cases of appeal, in the same manner in
effect prior to the effective date.
C. Affirmative Action. To the extent
practicable, Commission and Board appointments shall be made in accordance with
the city’s affirmative action policies.
D. Geographic Diversity. To
the extent practicable, Commission and Board appointments shall reflect the
geographical diversity of the city.
E. Councilmember Recommendations. In
making Commission and Board appointments, the Mayor shall accept for
consideration recommendations for appointments offered by each Councilmember.
Councilmembers must submit recommendations to the Mayor for consideration at
least thirty (30) days prior to expiration of an existing Commission or Board
member’s term.
F. Staggered Terms. Commencing with the effective date
of the ordinance codified in this section, Commission and Board members shall be
appointed to staggered terms, such terms to commence upon the date of
appointment, except that an appointment to fill a vacancy shall be only for the
unexpired portion of the term.
G. Length of Terms. Except for the initial
appointments made immediately following passage of the ordinance codified in
this section, which may be for lesser terms of two years or one year in order to
establish staggered terms pursuant to subsection F of this section, all
appointments shall be for a period of three years.
H. 1. Limit on
Consecutive Terms. Commencing with the effective date of the ordinance codified
in this section, no person shall serve more than two consecutive terms as a
member of the Commission or Board. Members of the Commission or Board sitting on
the effective date of the ordinance codified in this section shall not be
appointed to serve more than one additional consecutive term as a member of the
Commission or Board.
2. In the event an appointment to fill a vacancy has
not occurred by the conclusion of a Commission or Board member’s term,
that member may continue to serve as a member of the Commission or Board during
the following term in a holdover capacity for a period not to exceed one year,
to allow for the appointment of a Commission or Board member to serve the
remainder of such following term.
I. Removal. To assure participation of
Commission and Board members, attendance by the members of the Commission and
Board at all regularly scheduled and special meetings of the Commission and
Board shall be recorded, and such record shall be provided semiannually to the
Office of the Mayor for review. A member may be removed pursuant to Section 601
of the City Charter. Cause for removal shall include, among other things,
conviction of a felony, misconduct, incompetency, inattention to or inability to
perform duties, absence from three consecutive regular meetings, or, for members
of the Commission’s Residential Appeals Committee, absence from three
consecutive regular meetings of the Committee, except, in the case of absences,
on account of illness or when absent from the city by permission of the
Commission or Board. (Ord. 12376 § 3 (part), 2001; Ord. 12054 § 1(d),
1998; Ord. 11776 §§ 1--3, 1995; prior planning code §
2)
17.03.020 Preservation powers and duties of City Planning Commission.
The City Planning Commission shall have and exercise the following powers.
It shall be advised and assisted in the exercise of these powers by the
Landmarks Preservation Advisory Board.
A. Regulatory Protection. As
specified in the Zoning Regulations, the Commission may recommend structures,
other physical features, sites, and areas to be given regulatory protection, and
in certain cases shall review development proposals where such protection has
been established by the City Council.
B. Contracts With Property Owners. The
Commission may negotiate with owners of properties having special
characteristics for, and may recommend to the City Council the approval of,
contracts to restrict the use of such property and to retain such
characteristics.
C. Recognition of Merit. The Commission may establish and
maintain a list of structures, other physical features, sites, and areas
considered deserving of official recognition although not given regulatory
protection. The list may also include facilities, sites, or areas which are
given regulatory protection. The purposes of the list shall be to recognize the
merit of and encourage the protection, enhancement, perpetuation, and use of
such structures, other physical features, sites, and areas. For these purposes,
the Commission may authorize such steps as it deems desirable, including but not
limited to the issuance of certificates of recognition and the authorization of
plaques. The Commission, through the Director of City Planning, shall coordinate
these efforts with any similar efforts of appropriate governmental agencies and
private groups interested in preservation.
D. Inventory and Evaluation. The
Commission may carry out or assist or encourage studies and programs designed to
identify and evaluate structures, other physical features, sites, and areas
which are worthy of preservation. It may inspect and investigate structures,
other physical features, sites, and other areas which it has reason to believe
may be worthy of preservation.
E. Consultation. The Commission may consult
with, advise, and consider the ideas and recommendations of civic groups, public
agencies, and citizens interested in preservation.
F. Information and
Advice. The Commission may disseminate information to the public concerning
worthy structures, other physical features, sites, and areas. It may encourage
and advise property owners in the protection, enhancement, perpetuation, and use
thereof.
G. Other Powers. The Commission may consider methods other than
those described above for encouraging and achieving preservation of worthy
structures, other physical features, sites, and areas. It may explore means of
financing the restoration or maintenance thereof. It may make appropriate
recommendations on the general subject of preservation to the City Council,
other public and private agencies and bodies, and the general
public.
H. Relationship to Powers of Director of City Planning and Others.
This section is not intended to restrict the powers and duties otherwise
pertaining to the Director of City Planning, or to other city officers or
bodies, in the field of preservation. They shall have the powers and duties
assigned to them by the Zoning Regulations, by other codes and ordinances, by
the City Charter, or by valid administrative authority. (Ord. 12054 § 1(d),
1998; prior planning code § 3)
17.03.030 Additional powers and duties of the City Planning Commission.
In addition to the powers and duties of the City Planning Commission as
specified at Sections 17.03.010 and 17.03.020, the City Planning Commission
shall have and exercise the following powers and duties:
A. Guidelines. The
Commission may adopt, or may authorize the director of City Planning to adopt,
reasonable guidelines for the administration, interpretation, or requirements or
this code or portions of this code.
B. Status Reports. The Commission shall
submit regular status reports to the City Council committee designated as
liaison to the Commission. The regular status reports must be submitted at least
once a year, or more frequently if directed by the chairperson of the City
Council committee to which the Commission reports.
C. Detailed Descriptions.
Status reports submitted in fulfillment of subsection B of this section must
include a detailed description of operating and staffing needs, to be developed
and maintained by the department responsible for staffing and administration of
the Commission.
D. City Council Goals. Each year, the Commission shall
review the annual goals and objectives of the City Council. Review of City
Council goals and objectives shall be undertaken to provide the Commission the
opportunity to better integrate the activities of the Commission with the
city’s overall goals and objectives.
E. City Council Approval of
Standing Committees. City Council approval must be obtained prior to the
creation of any standing committee of the Commission. A proposal to create a
standing committee of the Commission must include information regarding the
costs associated with staffing the standing committee, and the costs of
complying with noticing and reporting require resulting from the establishment
of any such standing committee of the Commission. (Ord. 12054 § 1(d), 1998;
Ord. 11776 § 4, 1995: prior planning code § 4)
17.03.040 Residential Appeals Committee of the City Planning Commission
There is created a Residential Appeals Committee of the City Planning
Commission consisting of three members of the Commission. The Committee shall
decide all appeals of decisions by the Director of City Planning as set forth in
the Zoning Regulations. The method for appointing Committee members and the
length of Committee members’ terms shall be as set forth in the
Commission’s Rules of Procedure. (Ord. 12376 § 3 (part),
2001)
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