Chapter 2.68
PLANNING COMMISSION1
Sections:
2.68.050 Vacancies—Attendance records.
2.68.070 Conflict of interest voting.
2.68.090 Public meetings—Minutes.
2.68.100 Rules of proceedings.
2.68.130 Formal acts by resolution.
2.68.160 Duties and functions.
2.68.010 Membership.
The voting members of the planning commission shall be seven citizens who are residents of the city. (Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992.)
2.68.020 Appointment.
Members shall be appointed by the mayor and confirmed by the council (AS 29.20.320). Appointments to fill vacancies shall be for the unexpired term only. (Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992.)
2.68.030 Term.
Members shall be appointed for a term of three years; except, of those first appointed, three shall be appointed for three years, two for two years, and two for one year. Such members first appointed shall draw lots for the foregoing terms. (Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992.)
2.68.040 Officers.
The planning commission shall annually, in January, designate a member as its chairperson and a deputy chair. The deputy chair shall act in the absence of the chairperson or in the inability of the chairperson to act. (Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992: Ord. 10-13 § 1, 2010.)
2.68.050 Vacancies—Attendance records.
A. A vacancy shall be declared, and filled as provided in Section 2.68.020 when a member:
1. Fails to qualify and take his/her office within thirty days after his/her confirmation by the council;
2. Departs from the city with the intent to remain away for a period of ninety or more days or is physically absent from the area he/she was appointed to represent for a period of ninety or more days;
3. Submits his/her resignation and the resignation is accepted by the mayor;
4. Is physically or mentally unable to attend commission meetings for a period of more than ninety days;
5. Misses three or more consecutive regular meetings, unless excused by the commission; or
6. Is convicted of a felony or of an offense involving a violation of his/her oath of office.
B. The clerk of the planning commission shall keep attendance records and notify the mayor when vacancies occur. (Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992.)
2.68.060 Quorum.
Four persons shall constitute a quorum. Any act of the commission requires a quorum and the affirmative vote of a majority of persons present and voting, and in no event fewer than three affirmative votes. Every member who is present when a question is put, where he/she is not disqualified under the provisions of Section 2.68.070, shall vote. Persons who are present, but are excused from voting, shall be counted for purposes of a quorum. (Ord. 78-15 § 1, 1978; Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986; Ord. 87-01 § 1, 1987; Ord. 92-20 § 1 (part), 1992.)
2.68.070 Conflict of interest voting.
The commission shall follow the provisions of Section 2.03.020 regarding conflict of interest voting. (Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992.)
2.68.080 Meetings.
Regular meetings shall be held once each month. Special meetings may be called by the presiding officer or at the request of three members. (Ord. 26 § 3 (part), 1973; Ord. 85-13, 1985; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992.)
2.68.090 Public meetings—Minutes.
Meetings shall be public and minutes shall be kept. Minutes and records shall be filed with the city clerk and retained as public records. (Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992.)
2.68.100 Rules of proceedings.
Meetings shall be conducted under Robert’s Rules of Order, and such modified or amended rules as may be adopted by the commission. (Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992.)
2.68.110 Order of business.
A. The order of business at regular meetings shall be:
1. Call to order;
2. Roll call;
3. Approval of minutes;
4. Approval of agenda;
5. Communications:
a. Communications to the planning commission,
b. Planner’s report,
6. Public hearings;
7. Citizen comments;
8. Unfinished business;
9. New business;
10. Commissioner comments;
11. Adjournment.
B. The order of business at special meetings shall be prescribed by the presiding officer. (Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992; Ord. 23-02 § 2, 2023.)
2.68.120 Office and staff.
A. The commission shall be provided office space suitable for its needs and adequate to file its journals, resolutions, records, reference materials, correspondence and maps, plats and charts, all of which shall constitute public records of the city.
B. The commission shall be furnished secretarial assistance at each meeting to assist in preparing its minutes, journals and resolutions, and as required to prepare its correspondence under the direction of the commission presiding officer and commission clerk. (Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986.)
2.68.130 Formal acts by resolution.
A. All formal acts of the commission shall be by resolution bearing the following:
1. The heading, “City of Dillingham Planning Commission”;
2. Space for the serial number to be assigned, “Resolution Serial No.: _______”;
3. A short and concise title descriptive of its subject and purposes;
4. Short premises and whereas clauses descriptive of the reasons for the resolution, if necessary;
5. The resolving clause, “Therefore, Be It Resolved:”; and
6. Provision and signature after the text “Adopted (Date)” and designated lines for the signatures of the commission presiding officer and the commission clerk.
B. All resolutions adopted by the commission, whether at the instance of and presented by third parties, or on the motion of an instance of the commission, shall conform to that set forth above and shall be on white eight and one-half by eleven-inch paper with one and one-half inch left margin suitable for permanent filing. (Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992.)
2.68.140 Funds.
All funds of the commission received as fees and charges or otherwise shall be deposited in the general fund of the city as receipts of the activities of the commission. (Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992.)
2.68.150 Compensation.
Compensation and expenses of the planning commission and its staff are paid as directed by the city council. (Ord. 26 § 3 (part), 1973; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992.)
2.68.160 Duties and functions.
A. The planning commission shall prepare and recommend to the city council the following:
1. A comprehensive plan consisting of maps and related texts for the systematic development of the city;
2. Land use regulations to implement the comprehensive plan;
3. A subdivision ordinance;
4. The official map of the city. Said map shall include reference to land use regulations or other applicable restrictions prescribed by the commission;
5. An annual update of a six-year capital improvement plan;
6. Modifications to the documents specified in subsections (A)(1) through (5) of this section;
7. A review of proposed community structures and facilities for consistency with the comprehensive plan and the capital improvement projects plan; and
8. A request for an exception to a speed limit in a specified area.
B. The commission shall publish notice of and hold at least one public hearing before submitting its recommendations under subsection A of this section to the council. Notice shall be published in the same manner as in the case of ordinances.
C. The planning commission shall:
1. Act as the platting board;
2. Act upon requests for variances;
3. Act upon requests for conditional uses; and
4. Provide other review recommendations and support as requested by the council.
D. Subject to any ordinance adopted pursuant to AS 29.40.170, no platting request, variance or conditional use may be granted except upon an affirmative vote of a majority of the voting members of the commission. (Ord. 26 § 3 (part), 1973; Ord. 86-6, 1986; Ord. 86-8 § 1, 1986; Ord. 92-20 § 1 (part), 1992; Ord. 14-04 § 2 (part), 2014; Ord. 15-15 § 2, 2015.)
For statutory provisions authorizing cities outside boroughs to provide for planning and zoning, see AS 29.35.260(c).