(a)   Reestablishment.  The Andover City Planning Commission (originally created by Ordinance No. 5 dated April 20, 1957, and reestablished by Ordinance No. 680 dated November 12, 1991) is hereby ratified and continued as set forth herein (the “Planning Commission”).

(b)   Membership.  The Planning Commission is composed of seven members of which five (5) members shall be residents of the City and two (2) members shall reside outside the City but within the City’s designated Planning Area.

(Ord. 680; Ord. 1699)

(a)   Appointment.  Members of the Planning Commission shall be appointed by the Mayor, with the consent of the City Council, at the second regular meeting of the City Council in January of each year.  Appointment to a vacancy caused by the death, incapacity, resignation or disqualification of any Member of the Planning Commission shall be made for that Member's unexpired term.

(b)   Removal.  The Governing Body may adopt rules and regulations providing for removal of Members of the Planning Commission.

(c)   Terms.  All Members shall be appointed or reappointed for terms of three years each, except when appointed to fill a vacancy.  Terms are to be staggered such that two members are appointed in one year, two members in the next, and three members in the next. The terms of the two members residing outside of the City's corporate limits must not expire within the same year. Members shall take office on the first meeting of the Planning Commission in February.  When this Ordinance takes effect, all current Members may continue to serve their present terms of office. 

(Ord. 680; Ord. 1699)

(a)   Conflict of Interest.  In any matter coming before the Planning Commission, any Member having a conflict of interest, either direct or indirect, shall be disqualified to discuss or vote on the matter.

(b)   Compensation.  Members of the Planning Commission shall serve without compensation.  As deemed desirable by the Governing Body, Members may be reimbursed for expenses actually incurred in the performance of their duties.

(Ord. 680; Ord. 1699)

(a)   Officers.  The Planning Commission shall elect one member as Chairperson, one member as Vice-Chairperson, and one member as Secretary, who each shall serve one year and until their successors have been elected.

(b)   Bylaws.  The Planning Commission shall adopt Bylaws for the transaction of business and hearing procedures.

(c)   Committees.  The Planning Commission may, from time to time, establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the Planning Commission.

(Ord. 680; Ord. 1699)

(a)   Meetings.  Members of the Planning Commission shall meet at a time and place as established in the Planning Commission's Bylaws. Special meetings may be called at any time by the Chairperson, or in the Chairperson's absence by the Vice-Chairperson, or by written request of any three Planning Commission Members.

(b)   Voting.  A majority of the Members present and voting at the hearing are required to recommend approval or denial of an amendment to the zoning regulations, a rezoning amendment, a special use permit, a vacation, or a plat. All other actions by the Planning Commission must be taken by a majority vote of the entire membership of the Planning Commission.

(c)   Records.  A proper record of all the proceedings of the Planning Commission shall be kept.

(Ord. 680; Ord. 1699)

(a)   Authorization.  The Governing Body and Planning Commission shall have all the rights, powers and duties as authorized in K.S.A. 12-741, et seq., as amended, which are hereby incorporated by reference as part of this Ordinance, and shall be given full force and effect as if fully set forth in this Ordinance.

(b)   Comprehensive Plan, Zoning Regulations, and Subdivision Regulations. The Planning Commission is hereby authorized to make or cause to be made, adopted and maintained a comprehensive plan for the City and any unincorporated area outside of the City but within Butler County, which in the opinion of the Planning Commission forms the total community of which the City is a part. The Planning Commission shall also cause zoning and subdivision regulations to be prepared, adopted and maintained, applicable on all land within the jurisdiction designated by the Governing Body. The comprehensive plan and zoning and subdivision regulations are subject to final approval of the Governing Body by ordinance. Periodically, the Governing Body may request the Commission to undertake other assignments related to planning and land use regulations.

(Ord. 680; Ord. 1699)

(a)   Powers and Duties.  The Planning Commission is hereby designated to also serve as the City's Board of Zoning Appeals, with all the powers and duties as provided for in K.S.A. 12-759. The Board shall adopt Bylaws for the transaction of business and hearing procedures, which must be approved by the Governing Body.

(b)   Records.  Public records shall be kept of all official actions of the Board, which must be maintained separately from those of the Planning Commission. The Board shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote on each question or appeal.

(c)   Voting.  All actions by the Board of Zoning Appeals shall be taken by a majority vote of the members present and voting.

(d)   Fees.  Subject to subsequent approval of the Governing Body, the Board shall establish a scale of reasonable fees to be paid in advance by the appealing party.

(Ord. 680; Ord. 1699)

(a)   The Governing Body shall approve a budget for the Planning Commission, which must be included in the general budget. The Governing Body may include funds in the Planning Commission budget for any employees the Governing Body may provide, or for employment of any consultants the Governing Body may authorize.

(b)   Prior to the time that moneys are available under the budget, the Governing Body may appropriate moneys for Planning Commission purposes from the general fund.

(c)   The Governing Body may enter into contracts, and may receive and expend funds from the state or federal government or from any other source, as it deems necessary for Planning Commission purposes.

(Ord. 680; Ord. 1699)