§ 16-53. Planning and zoning commission.

The planning and zoning commission shall have the following powers and duties:

(a)

Advisory powers and duties. The planning and zoning commission shall hold a public hearing in accordance with the requirements of article XI and shall forward a recommendation to the county council on the following applications:

1.

Application for adoption of and amendments to the text of this chapter, including applications for addition, deletion or change to the Use Index;

2.

Application for adoption of and amendments to the official zoning map;

3.

Application for adoption of and amendments to the comprehensive plan. The planning and zoning commission may from time to time recommend amendments, extensions or deletions to the comprehensive plan or carry any part or subject matter into greater detail;

4.

Application for a development plan and special plan (SP) district, including any major amendments.

5.

Application for a site plan or sketch plan, when submitted as part of a special plan (SP) district application which requests a change in uses allowed by the Use Index.

(b)

Periodic review. The planning and zoning commission shall complete a review of the comprehensive plan and official zoning map periodically, as often as desired, but in no event less than once every ten years and shall forward a recommendation for action by the county council.

(c)

Final action.

1.

The planning and zoning commission shall hold a public hearing in accordance with the requirements of article XI and shall have the authority to approve, conditionally approve or disapprove the following applications:

a.

Application for approval of a site plan or site plan amendment except an application which requires a change in uses as part of a special plan (SP) district application and except an application on which the community development director acts pursuant to section 16-51.

b.

Application for approval of a site plan with waiver where the waiver is part of a site plan application and a separate waiver application has not been filed for a hearing with the board of adjustment. The planning and zoning commission may take a single vote to approve the site plan and either approve or deny the waiver. If the planning and zoning commission votes to deny the site plan the waiver shall also be denied. Such powers shall not include the consideration of waiver to design and construction standards promulgated or administered by the public works department as described in section 16-572 nor in association with a special plan (SP) district application.

c.

Application for a special use permit.

d.

Subdivision applications: sketch, preliminary and final plats; and summary plats when referred to the planning and zoning commission by the community development director.

e.

Application for a minor amendment to a development plan originally approved in conjunction with a special plan (SP) district, except an application on which the community development director acts pursuant to section 16-51. Minor development plan amendments are those amendments that will not increase the maximum allowable density specified within the development plan, will not change any site development standards by more than 20 percent and will not substantially change the function or appearance of the development, or result in any negative health, safety or welfare impacts on the community or adjacent properties.

f.

Application or decision making authority referred to it by the community development director.

2.

The planning and zoning commission shall hear the following appeals in accordance with this article:

a.

Appeal from a decision or determination of the community development director with respect to any matter including the community development director's decision making or interpretation of the Code. The planning and zoning commission shall either affirm, overturn, modify the decision of the community development director, or refer the decision making authority to the county council.

3.

The planning and zoning commission shall automatically continue matters not acted upon by virtue of a lack of quorum.

(Ord. No. 85-301, § 1, 11-6-01; Ord. No. 02-084, § 2, 3-27-2007; Ord. No. 02-091, § 3, 7-10-2007; Ord. No. 02-108, § 1, 1-12-2010; Ord. No. 02-224, § 3, 5-1-2012)