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Planning & Zoning

Folder Planning and Zoning Board

A planning and zoning board shall be established to make decisions, when applicable, and recommendations to the city council on zoning and land use matters. The planning and zoning board shall constitute the local planning agency under state law for the city. Membership shall consist of 7 members who are resident electors of the city. The term of office shall be 2 years. Each councilmember shall nominate 1 member of the planning and zoning board upon election or appointment to the city council, subject to confirmation by at least 5 affirmative votes of the city council. The appointee's term shall end when the selecting councilmember dies, resigns or is recalled or removed by court order or other lawful action. Members shall be compensated in an amount determined by ordinance.

Decisions and recommendations.
  1. The planning and zoning board shall make final decisions regarding setback adjustments, sign variances as provided by the city code, appeals of administrative variances and such other adjustments that are permitted by city code.
  2. The planning and zoning board shall make recommendations to the city council on use variances, conditional use permits, special use permits, zoning changes, final plats, comprehensive plan amendments, and such other zoning and land use matters and development orders that are permitted by the city code.
Adoption by ordinance, exceptions.
  1. Petitions for zoning changes, use variances, conditional use permits, special use permits, zoning changes, final plats, comprehensive plan amendments, and such other zoning and land use matters and development orders that require recommendation by the planning and zoning board to the city council shall be approved by ordinance. The city council shall hear the petition at the first regular meeting of the city council after the planning and zoning board makes its recommendation.
  2. If the planning and zoning board recommends denial of a petition, the city council may override the recommended denial by at least 5 affirmative votes of its membership.
  3. If the city council denies a petition based on a recommendation of denial from the planning and zoning board, the planning and zoning board, by its own procedure, may not rehear the same petition for 1 year.
  4. If the city council approves or denies a petition, there shall be no reconsideration of its decision after the adjournment of the meeting in which the decision is made.
  5. Repeal, rescission, release, cancellation, modification or change of a declaration of restrictive covenants, unity of title, or other written instrument imposing a restriction on the use of property, without the conveyance of a title in the property, may be by resolution, upon a duly advertised public hearing, if such a declaration of restrictive covenants, unity of title, or other written instrument, is not incorporated in an ordinance.
Public hearings, notice. All zoning and land use matters that require a recommendation or decision by the planning and zoning board shall be heard at a public hearing advertised in a newspaper that complies with state law for legal advertisement at least 7 days in advance of the hearing. Individual written notice at least 10 days in advance shall be mailed to all property owners within a 500-foot radius of the property that is the subject of the petition. A visible sign or signs, advertising the petitioned request, shall be posted on the subject property at least 10 days prior to the hearing. Before advertisement and notice of hearing, the planning and zoning division must approve the written petition.