18.135.030 Planning and zoning commission.
A. Creation and Purpose. The planning and zoning commission is created to hold public meetings and hearings, to provide analysis and recommendations to the city council regarding general land use policies where the commission has such advisory responsibility, and to render decisions where the commission has been assigned decision-making power by this code. The purpose of the planning and zoning commission is to support creation of a desirable environment throughout the city for residents, business, and industry in areas for which it is responsible by promoting harmonious, safe, attractive, and compatible development that is in the best interest of public health, safety, and general welfare.
B. Duties and Powers. The planning and zoning commission shall have the duty to carry out the duties outlined in Chapter 2.15 MCC.
1. Decision-Making Responsibilities. The planning and zoning commission shall have the power to hold public meetings and public hearings to review and approve, continue, deny, or approve with conditions:
a. Conditional use permits and modifications to such permits; and
b. Preliminary plats.
2. Advisory Responsibilities. The planning and zoning commission shall hold public meetings and hearings to advise and recommend to the city council:
a. General plan amendments and major amendments;
b. Zoning map amendments (e.g., rezonings) for base and overlay zoning districts;
c. Zoning code text amendments;
d. Repealed by Ord. Repealed.
e. PAD districts and PAD plans; and
f. Area specific plans.
3. The planning and zoning commission may recommend in connection with any application such conditions as the commission deems necessary in order to fully carry out the provisions and intent of this code.
C. Organization.
1. Number of Members. The commission shall have seven members, with each nominated by a member of the council.
2. Eligibility of Members.
a. Members must be a current city of Maricopa resident, property owner or business owner for a minimum of one year.
b. Members must be at least 18 years of age and registered to vote in Pinal County.
c. Members appointed to the commission shall not be a direct family member (parent, spouse, sibling or child) of a sitting member of council unless there are not sufficient applicants for the position.
3. Term of Members.
a. A member’s tenure shall be coterminous with the term of office of the nominating member of council.
b. Members shall continue to serve until their successor is approved by a vote of council.
c. In the event of death, resignation, or removal of a member, a vacancy will be declared and the nominating member of council shall be informed of the vacancy and allowed to begin the selection process for a new member.
4. Resignations or Removal of Members.
a. Members will notify the nominating member of council of their intent to resign their appointment prior to the end of their term.
b. Any member may be removed by a majority vote of council.
c. Any member who is absent for three consecutive meetings or is absent from any four meetings over a six-month period, without contacting the chairperson, shall be considered as having resigned his/her position.
5. Hearings of the planning and zoning commission shall be scheduled at a time and place as declared by the planning and zoning commission. Special meetings of the commission may be called by the chairperson, or by any three members of the planning and zoning commission. Meetings shall be open to the public, with only such exceptions as may be permitted by state law with respect to executive session, and public input shall be permitted in all public meetings on matters before the commission. The public shall be given an opportunity to testify orally or in writing. The minutes of its proceedings showing the vote of the body, records of the commission’s deliberations, and other official actions shall be kept by the city clerk as a public record.
6. The planning and zoning commission shall adopt rules of procedure consistent with the provisions of the city code for the conduct of its business and procedure.
7. A quorum consists of four members of the planning and zoning commission. The concurring vote of the majority of the quorum of the planning and zoning commission shall be necessary to act on any matter on its agenda. In the event that planning and zoning commission members are not sufficiently available to make a quorum, there shall be no meeting. Robert’s Rules of Order shall govern any other motion.
8. The development services director, or a designated representative, shall serve ex officio as secretary of the planning and zoning commission.
D. Appeals. Planning and zoning commission recommendations to the city council are not final decisions. Any person aggrieved by a final decision of the planning and zoning commission may file an appeal to the city council in accordance with MCC 18.140.140. [Ord. 24-01 § 2; Res. 23-19; Ord. 23-17 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 501.03; Ord. 14-12 § 1.]