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(A) Establishment. There is hereby established, pursuant to A.R.S. § 9-461.01 et seq., a planning agency known as the City of San Luis Planning and Zoning Commission (“Commission”).

(B) Powers. The Commission is the planning agency for the City and has the powers to enable it to fulfill its planning function, in accordance with the Arizona Revised Statutes. The Commission shall provide an advisory function to assist the City Council in making decisions pertaining to amendments to the General Plan and this title, and applications for development approval. In no event is the Commission authorized to render a final decision approving, denying, or conditionally approving a change in this title or General Plan, or to render a final decision on an application for development approval except as otherwise authorized in this section.

(C) Duties. In addition to any authority granted to the Commission by Arizona law, this title or by other ordinances of the City, the Commission shall have the following powers and duties:

(1) To hold public hearings when necessary or when required by law;

(2) To initiate, hear, review, and make recommendations to the City Council regarding applications for amendments to the General Plan or area specific plans, in accordance with the provisions of this title. On an annual basis, review and make recommendations to the Mayor and Council concerning the General Plan as well as plans for the development of any land outside the City’s planning area, which in the opinion of the Commission is substantially related to the planning of the City;

(3) To make recommendations to the City Council on all matters concerning or relating to the creation of zoning ordinances, the zoning district map, the boundaries thereof, the appropriate regulations to be enforced therein, and amendments of this title, and to undertake any other activities usually associated therewith and commonly known as “planning and zoning”;

(4) To initiate, hear and review applications for amendments to either the zoning district map and/or the text of this title, in accordance with the provisions of this title;

(5) To serve as the advisory body to the City Council on such matters as applications for protected development rights plans, subdivision final plats, and any other permit or review process in accordance with the provisions of this title;

(6) To hear, review and make recommendations to the City Council on conditional use permits;

(7) To hear, review and decide on subdivision preliminary plats in accordance with the provisions of the City’s subdivision ordinance; and

(8) To confer and advise with other town, city, county, regional, or state planning agencies and commissions.

(D) Membership. The Commission shall consist of seven members, all residents of the City, who shall be appointed by, and serve at the pleasure of, the City Council.

(E) Term of Office. The term of office of the members of the Commission shall be four years, with the terms of members so staggered that the terms of no more than three members shall expire on January 31st in any one year. The incumbent Commissioner shall continue to serve, after their term of office has expired, until a successor has been appointed. In the event of a death, resignation, or removal from the Commission, a resident appointed by the City Council shall fill the vacancy, for the unexpired term.

(F) Nonattendance. Three successive unexcused absences from any regular or special meeting shall be grounds for termination at the will and pleasure of the City Council without the necessity of a hearing or notice, and such action shall be final and the position shall thereupon be declared vacant.

(G) Organization.

(1) Officers. A member must have served on the Commission for a period of one year prior to being eligible to serve as an officer. The Commission shall elect a chairperson and vice-chairperson from among its own members at its first meeting in January each year. The chairperson shall preside at all meetings and shall take such actions as necessary to preserve order and the integrity of all proceedings before the Commission. The vice-chairperson shall perform the duties of the chairperson in the latter’s absence or disability.

(2) Meetings. Meetings of the Commission shall be open to the public. Public input shall be permitted in public meetings on matters before the Commission. The minutes of the proceedings, showing the vote of each member and records of its examinations and other official actions, shall be kept and filed in the office of the City Clerk as a public record.

(3) Quorum. Four members of the Commission shall constitute a quorum for the transaction of business. No matter may be considered by the Commission unless there are four or more members present who are eligible/qualified to vote on the matter. The affirmative vote of the majority of the members present shall be required to pass a motion. If a member has been present for the entire presentation of an issue that member may abstain from voting only because they have a conflict of interest. If a member has a conflict of interest, he/she shall declare the conflict of interest prior to the presentation and shall abstain from all discussion and deliberation on the matter in question.

(4) Rules and Regulations. The Commission may make and publish bylaws to govern its proceedings and to provide for its meetings. The bylaws are to be reviewed by the City Attorney and approved by the City Council. (Ord. 312 § 2(2.1), passed 4-11-2012; Ord. 344 § 1, passed 1-27-2016. Code 2012 § 152.026.)