ARTICLE XIII. - PLANNING COMMISSION [13]


Sec. 2-462. - Created; definition.

(a)

A local planning commission is hereby created in and for the city, to be known as the city planning commission, pursuant to Title 15.2 of the Code of Virginia, 1950, as amended.

(b)

As used in this article, the term "commission" shall mean the city planning commission.

(Ord. No. 471, § 1; Code 1961, § 29-1; Ord. No. 5291-99; Ord. No. 5295-99)

State law reference— Duty to create local planning commission, Code of Virginia, § 15.2-2210.

Sec. 2-463. - Composition; appointment and qualifications of members.

The commission shall consist of nine (9) voting members. The members appointed by the city council, all of whom shall be residents of the city, shall be freeholders qualified by knowledge and experience to make decisions on questions of community growth and development. In addition to the voting members, the city manager or someone from the administrative branch of the government designated by the city manager, shall be an ex officio member of the commission, with the right to participate in discussions, but with no right to vote.

(Ord. No. 471, § 2; Code 1961, § 29-2; Ord. No. 2738-81; Ord. No. 3625-87, § 1; Ord. No. 3674-87, § 1; Ord. No. 4013-90, § 1)

State law reference— Similar provisions, Code of Virginia, § 15.2-2212.

Sec. 2-464. - Terms of members.

Appointments to the commission shall be for terms of four (4) years each, except as to the term of the city manager or his designee. The term of office on the commission of the city manager or his designee shall be coextensive with the term of office to which he has been appointed unless the city council, at the first regular meeting in January of each year, appoints another to serve as that representative.

(Ord. No. 471, § 2; Code 1961, § 29-2; Ord. No. 2738-81; Ord. No. 3625-87, § 1)

Charter reference— Authority of council to provide for staggered terms for members of boards and commissions and limitation on length of service by such members, § 17.02.

State law reference— Terms of members of local planning commission, Code of Virginia, § 15.2-2212.

Sec. 2-465. - Filling vacancies.

Vacancies on the commission shall be filled by appointment for the unexpired term only.

(Ord. No. 471, § 2; Code 1961, § 29-4)

State law reference— Similar provisions, Code of Virginia, § 15.2-2212.

Sec. 2-466. - Oath of members.

Members of the commission shall take the oath of office required of city officers.

(Ord. No. 471, § 2, Code 1961, § 29-7)

State law reference— Authority to require oath, Code of Virginia, § 15.2-2212.

Sec. 2-467. - Compensation of members.

Members of the commission shall receive as compensation for their services one hundred dollars ($100.00) per meeting, not to exceed two (2) meetings per month; except that the city manager or his designee shall not receive any compensation for serving on the commission.

(Ord. No. 471, § 2; Ord. No. 1175, § 1; Code 1961, § 29-6; Ord. No. 2523-79; Ord. No. 3178-84; Ord. No. 3625-87, § 1; Ord. No. 6143-05)

State law reference— Authority to provide for compensation of planning commission members, § 15.2-2212.

Sec. 2-468. - Removal of members.

Members of the commission may be removed for malfeasance in office.

(Ord. No. 471, § 2; Code 1961, § 29-5)

State law reference— Similar provisions, Code of Virginia, § 15.2-2212.

Sec. 2-469. - Election and terms of officers.

The commission shall elect, from the appointed members, a chairman and a vice-chairman, whose terms shall be for one (1) year.

(Ord. No. 471, § 3; Code 1961, § 29-8)

State law reference— similar provision, Code of Virginia, § 15.2-2217.

Sec. 2-470. - Appointment of employees and staff; limitation on expenditures.

The commission may appoint such employees and staff as it deems necessary for its work; provided that, the expenditures of the commission, exclusive of gifts or grants, shall be within the amounts appropriated for such purpose by the city council.

(Ord. No. 471, § 3; Code 1961, § 29-9)

State law reference— Similar provisions, Code of Virginia, § 15.2-2217.

Sec. 2-471. - General duties.

The commission shall perform the duties prescribed for local planning commissions in Title 15.2 of the Code of Virginia, 1950, as amended.

(Ord. No. 471, § 6; Code 1961, § 29-12; Ord. No. 5291-99; Ord. No. 5296-99)

Sec. 2-472. - Meetings generally.

(a)

The commission shall fix the time for holding regular meetings, but it shall meet at least every two (2) months. The commission, by resolution adopted at a regular meeting, may also fix the day or days to which any meeting shall be continued if the chairman, or vice chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting shall be conducted at the continued meeting and no further advertisement is required. The commission shall cause a copy of such resolution to be inserted in a newspaper having general circulation in the locality at least seven (7) days prior to the first meeting held pursuant to the adopted schedule.

(b)

Special meetings of the commission may be called by the chairman or by two (2) members, upon written request to the secretary. The secretary shall mail to all members, at least five (5) days in advance of a special meeting, a written notice fixing the time and place of the meeting and the purpose thereof.

(c)

Written notice of a special meeting is not required if the time of the special meeting has been fixed at a regular meeting or if all members are present at the special meeting or file a written waiver of notice.

(Ord. No. 471, § 4; Code 1961, § 29-10; Ord. No. 5942-03, § 1)

State law reference— Similar provisions, Code of Virginia, § 15.2-2214.

Sec. 2-473. - Quorum; majority vote required.

A majority of the members of the commission shall constitute a quorum, and no action of the commission shall be valid unless authorized by a majority of those present and voting.

(Ord. No. 471, § 4; Code 1961, § 29-10)

State law reference— Similar provisions, Code of Virginia, § 15.2-2215.

Sec. 2-474. - Adoption of rules; records to be kept.

The commission shall adopt rules for the transactions of business and shall keep a record of its transactions, which shall be a public record.

(Ord. No. 471, § 4; Code 1961, § 29-10)

State law reference— Similar provisions, Code of Virginia § 15.2-2217.

Sec. 2-475. - Cooperation and assistance from department of planning; contracts with consultants.

(a)

The department of planning shall work in close cooperation with the commission and shall serve as its technical staff for the purpose of effectuating the work of the commission. The department of planning shall be responsible to the commission for such special surveys or studies as may be requested by the commission from time to time.

(b)

The commission may recommend to the city council the services of consulting, planning, engineering or architectural firms for special studies and reports from time to time. The city manager may contract with such firms as the planning commission may recommend; provided, that funds therefor are first appropriated by the city council.

(Ord. No. 471, § 5; Code 1961, § 29-11; Ord. No. 2793-81)

Secs. 2-476—2-485. - Reserved.



FOOTNOTE(S):


(13) Cross reference— Zoning ordinance, Ch. 45; subdivision regulations, App. B. (Back)

(13) State Law reference— Local planning commission, Code of Virginia, § 15.2-2210 et seq. (Back)