Mound City Code 245.00
Section 245 – PLANNING COMMISSION
245.01 Establishment of Commission. A City Planning Commission for the City of Mound is hereby established. The Planning Commission shall have the powers set forth in Minnesota Statutes, Chapter 462, and as authorized in this Section 245.
245.05 Composition. The Planning Commission shall consist of twelve members. Eight members shall be appointed by the City Council and may be removed by a four-fifths vote of the Council; the Council shall select one member of the Commission from among its own members, the said Council member to be appointed for one year, commencing in January of each year; the City Manager, the City Attorney, and the Building Inspector shall be members of the Commission ex-officio and without vote.
Of the terms of the members first appointed, three shall expire January, 1961; three shall expire January, 1963; and two shall expire January, 1962. Their successors shall be appointed for terms of three years. Both the original and successive appointees shall hold their offices until their successors are appointed and qualified. The term of ex-officio members shall correspond with their respective office tenures. Vacancies during the term shall be filled by the Council for the unexpired portion of the term. Every appointed member before entering upon the discharge of his or her duties shall take an oath that he or she will faithfully discharge the duties of his or her office. All members shall serve without compensation.
245.10 Organization, Meetings, Etc. The Commission shall elect a Chair Person and a Secretary from among its appointed members for a term of one year; and the Commission may create and fill such other offices as it may determine.
The Commission shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record.
245.15 Adoption of Program of Work. Annually the commission shall prepare a program of work, outlining activities proposed to be undertaken in the exercise of its powers and the performance of its duties. The program shall include:
1. An outline of data and information to be assembled as a basis for the Comprehensive Municipal Plan and for amendments thereto.
2. An outline of subjects to be covered by amendment to the Comprehensive Municipal Plan.
3. An outline of types of procedure necessary to make the adopted Comprehensive Municipal Plan effective.
The Planning Commission may revise its program of work from time to time.
245.20 Preparation of Comprehensive Municipal Plan. It shall be the function and duty of the Planning Commission to update and revise the Comprehensive Municipal Plan for the physical development of the City, including proposed public buildings, street arrangements and improvements, public utility services, parks, playgrounds, and other similar developments, the use of property, the density of population, and other matters relating to the physical development of the City. Such plan may be prepared in sections, each of which shall relate to a major subject of the Plan, as outlined in the Commission's program of work and Minnesota Statutes, Chapter 462.
245.25 Commission Approval of Plan. The approval of the Comprehensive Municipal Plan or of any section or amendment thereof shall be by resolution of the Commission. The Commission may from time to time amend or add to said Plan or any section thereof in the manner provided for the adoption of the original Plan whenever changed conditions or further studies by the Commission indicate that such amendment or addition is necessary.
An attested copy of the Plan or of any section, amendment, or addition to the Comprehensive Municipal Plan adopted by the Planning Commission shall be certified to the Council for final adoption by said Council.
245.30 Means of Executing Plan. Upon the adoption of the Comprehensive Municipal Plan and any amendment thereto, it shall be the duty of the Planning Commission to recommend to the City Council reasonable and practicable means for putting into effect such Plan or sections thereof in order that the same will serve as a pattern and guide for the orderly physical development of the City and as a basis for the efficient expenditure of the funds thereof relating to the subjects of such City Plan.
Such means shall consist of official controls, a plan for traffic regulation, a plan for parking facilities, a plan for future streets, coordination of the normal public improvements of the City, a long term program of capital expenditures, and such other matters as will accomplish the purposes of this Section.
245.35 Zoning Code. The Planning Commission upon its own motion may, or upon instructions by the City Council shall, prepare proposed official controls for the City. Before recommending such plan to the City Council, the Planning Commission shall hold at least one public hearing thereon after a notice of the time and place of which shall be given by publication in the official newspaper in the manner prescribed by Minnesota Statutes, Chapter 462.
245.40 Procedure for Changes. No change shall be made in the zoning ordinance until the proposed change has been referred to the Planning Commission for report thereon and a copy of such report has been filed with the Council; failure of the Planning Commission to so report within forty (40) days or such longer period as may be designated by the Council after such reference shall be deemed to be approval of the proposed change.
245.45 Capital Improvement Program. Each officer, department, board or commission of or in the City whose functions include recommending, preparing plans for, or constructing public works shall, at least three months before the end of each year, submit to the Planning Commission a list of the proposed public works recommended by such officer, department, board or commission for planning, initiation, or construction during the ensuing year. The Planning Commission shall request from the local school district a similar list of its proposed public works. The Planning Commission shall list and classify all such proposed public works for the ensuing year and shall recommend them to the City Council.
245.50 Capacity of Planning Commission as Board of Adjustments and Appeals. The Planning Commission shall also serve as the City's Board of Adjustments and Appeals.
245.55 Duties of Planning Commission as Board of Adjustments and Appeals. The Commission shall hear and decide appeals from any decision of the Building Official in the enforcement of the zoning and building ordinances and all matters referred to the Commission under the zoning ordinance. The Commission shall not have any authority to make any change or amendment to the zoning ordinance and shall act in a purely advisory manner to the City Council, making its recommendations in all cases referred to it, and transmitting them to the Council for final action. In general, the Commission shall hear and make recommendations on the following matters.
1. Permits for temporary non-conforming buildings; such permits to be used for not more than one year.
2. Permits for reasonable variations of lot width, lot area, and setback regulations when the strict enforcement thereof will work unnecessary hardship.
3. Special permits to alter or enlarge non-conforming uses as set forth in the zoning ordinance.
4. Requests for variance from the literal provisions of the City's zoning regulations in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration; and to recommend approval of such variances only when it is demonstrated that such action would be in keeping with the spirit and intent of the zoning regulations.
245.60 Zoning Appeals - Vote Required. A majority vote of four-fifths of the Commission shall be necessary to reverse any decision of an administrative officer of the City or to decide in favor of the applicant.