Zoning 203 Wayne County Planning Commission

The Wayne County Planning Commission (hereinafter “Commission”) was heretofore created and established by the BOCC pursuant to the Act, or its prior enactments. The Commission is a Land Use Authority, as defined by the Act. 1) Powers and Duties. The Commission shall be an advisory body to the BOCC on legislative matters pertaining to the General Plan and Land Use Ordinances. The Commission shall have the following powers and duties under this Ordinance: a) To prepare, or cause to be prepared, the proposed Wayne County General Plan, any proposed plan element, any amendments thereto, and to transmit such plan, element or amendments to the BOCC, with the Commission’s recommendation. b) To prepare or cause to be prepared all proposed County Land Use Ordinances, including all maps, any amendments thereto, and to transmit such Land Use Ordinances, maps, or amendments thereto to the BOCC, with the Commission’s recommendation. c) To hear, review and recommend approval or denial of all Applications for a General Plan Amendment and to transmit such recommendation to the BOCC. d) To hear, review and recommend approval or denial of all Applications for a Land Use Ordinance Amendment (including Land Use Ordinance text and/or map amendments) and to transmit such recommendation to the BOCC. e) To hear, review, and approve, approve with revisions, or deny of all Preliminary Subdivision (Minor) Applications and all Final Subdivision (Minor) Applications. f) To hear, review, and recommend approval, approval with conditions, or denial of all Conditional Use Applications and to transmit such recommendation to the BOCC. g) To hear, review, and recommend approval, approval with revisions, or denial of all Preliminary Subdivision (Major) Applications and all Final Subdivision (Major) Applications and to transmit such recommendation to the BOCC. h) To approve, approve with revisions, or deny all Permitted P-2 Use Applications. i) Hear and decide Applications for a Variance from the terms of this Ordinance, with a finding of an unreasonable hardship as required by the Act, and as provided by Chapter 10. j) Hear and decide Applications for a Determination of a Nonconforming Use, Noncomplying Structure, or other Nonconformity, as provided by Chapter 11. k) To act as an Appeal Authority, as provided by Chapter 13. l) To adopt bylaws, policies, and procedures for the conduct of the duties and meetings of the Commission, provided that such bylaws, policies, and procedures are approved by the BOCC before taking effect. m) Advise the BOCC on all other matters as the BOCC may direct. 2) Membership: Appointment, Removal, Terms, and Vacancies. a) The Commission shall consist of five (5) members, and may include two (2) additional alternate members as may be deemed necessary by the BOCC. b) The members of the Commission shall be residents of Wayne County. c) The BOCC shall appoint members of the Commission. d) The BOCC may remove any member of the Commission, with or without cause. e) Members of the Commission shall serve with compensation, and the BOCC shall provide for reimbursement to Commission members for approved actual expenses incurred, upon presentation of proper receipts. f) Members of the Commission shall serve a term of four (4) years. Terms shall begin on January 1st of each calendar year. Member’s terms are to be staggered so that not more than two (2) member’s terms shall expire each year on December 31st. A Commission member shall not be automatically reappointed. g) At an annual organizational meeting to be held the first regular meeting in the new calendar year, and at other times as required, the members of the Commission shall, by motion and majority vote of the Commission, appoint one (1) of their members as chair and one (1) of their members as vice-chair. The chair and vice-chair shall serve a term of one (1) year. In the absence of the chair, the vice-chair shall act as chair and shall have all powers of the chair. h) The chair, or in the chair's absence, the vice-chair shall be in charge of all proceedings before the Commission, and shall take such actions as necessary to preserve order and the integrity of all proceedings before the Commission. i) Commission vacancies occurring for any reason shall be filled by the BOCC. Vacancies of the Commission occurring in ways other than through the expiration of terms shall be filled for the remainder of the member’s unexpired term. 3) Recording Secretary. The County Treasurer/Recorder, or designee, shall act as the Recording Secretary of the Commission. The Recording Secretary shall keep the minutes of all proceedings of the Commission, which minutes shall be the official record of all proceedings before the Commission, attested to by a majority vote of the members of the Commission. The minutes of all meetings of the Commission shall be filed in the office of the County Clerk. All such records shall be available for public review and access in accordance with GRAMA. The Recording Secretary shall be compensated as approved by the BOCC. 4) Quorum and Necessary Vote. No meeting of the Commission shall be called to order, nor may any business be transacted without a quorum consisting of at least three (3) members of the Commission being present. The chair shall be included for purposes of establishing a quorum and shall act as a voting member of the Commission. All decisions and recommendations of the Commission shall require the concurring vote of a minimum of three (3) members of the Commission. The Commission may transmit reports of its decisions and recommendations to the BOCC. Any member of the Commission may also make a concurring or dissenting report or recommendation to the BOCC. 5) Effective Date of Decisions. All decisions of the Commission shall become effective on the date of the meeting when the decision is made, unless a different date is designated by the Commission at the time the decision is made. 6) Meetings, Hearings, and Procedure. a) The Commission shall establish a regular meeting schedule. b) Special meetings may be requested by a majority vote of the Commission, or by the chair of the Commission. c) When a matter is postponed due to lack of a quorum, the matter shall be rescheduled. The Recording Secretary shall notify all members of the Commission, and all interested parties, of the date when the rescheduled matter will be heard by the Commission.