Planning Commission

Lisa Fowler

Community Development Director
Email

Draper City Planning Commission

Bylaws and Rules of Procedure

ARTICLE I. GENERAL PROVISIONS

1.1 Terms of Commonality. When used herein, the following terms shall be defined and used as

stated:

a. Bylaws. The Bylaws and Rules of Procedure for the Draper City Planning Commission

commonly referred to herein as “the Bylaws.”

b. City Council. The City Council of Draper City, including the Mayor, commonly referred

to herein as “the Council.”

c. Draper City Municipal Code. The entirety of the Draper City Municipal Code commonly

referred to herein as “the Code.”

d. Executive Director. The Executive Director to the Planning Commission, established to

be the Community Development Director for Draper City, commonly referred to herein

as “the Director.”

e. Member, Alternate. A duly appointed alternate member of the Planning Commission

serving a one-year renewable term and having the ability to sit and vote as a member of

the Commission in the absence of a regular member, commonly referred to herein as

“Alternate.”

f. Member, Regular. A duly appointed member of the Planning Commission serving a

four-year renewable term and having the ability to sit and vote as a member of the

Commission whenever present, commonly referred to herein as “Member.”

g. Member, Sitting. A duly appointed Member or Alternate of the Planning Commission

who is counted in the establishment of a quorum and who actively participates and votes

as a part of the Commission at any one meeting or on any one agenda item.

h. Planning Commission. The Planning Commission of Draper City, including all regular

and alternate members, commonly referred to herein as “the Commission” when

referencing the entirety of the body or “Commissioner(s)” when referencing an

individual.

i. Subdivision Ordinance. The Subdivision Ordinance of Draper City established to be the

entirety of Title 17 of the Draper City Municipal Code.

j. Zoning Ordinance. The Zoning Ordinance of Draper City is established to be the entirety

of Title 9 of the Draper City Municipal Code.

1.2 Applicable State Statutes, Local Ordinances, and Rules. The Commission shall be governed by

state statutes and local ordinances and policies including, but not limited to, the following:

a. State statutes applying generally to public boards, members, and officials, including those

dealing with conflicts of interest, disclosure requirements, and open and public meetings.

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b. State statutes governing the activities of Planning Commissions in relation to planning

and zoning, including Title 10, Chapter 9a, the Municipal Land Use, Development, and

Management Act.

c. The Zoning Ordinance of Draper City.

d. The Subdivision Ordinance of Draper City.

e. The Draper City General Plan and related overlay plans.

f. The Bylaws of the Draper City Planning Commission as set forth herein.

1.3 Effect of These Bylaws. These Bylaws are not adopted by Ordinance and do not have the force

of law. They are advisory guidelines on procedure and conduct only. Consequently, should the

Commission waive, suspend, or otherwise deviate from these bylaws during the course of a

meeting, such deviations shall not be grounds for invalidating a hearing held during that meeting

or any decisions made at that meeting.

1.4 Requirement of Familiarity with State Statutes, Local Ordinances, and Rules Affecting the

Commission. Upon taking office, all members of the Commission shall familiarize themselves

with the foregoing. While in office, members shall maintain such knowledge, including

amendments and additions, and shall be strictly governed thereby in the conduct of Commission

affairs.

ARTICLE II. MEMBERSHIP AND OFFICERS

2.1 Number of Members and Appointment. The membership and appointment of the Commission

shall be as established in Section 3-1-280 of the Code with six Members, one of whom serves as a

non-voting Chairperson, and Alternates in a number deemed appropriate by the Council.

2.2. Chairperson and Vice Chairperson.

2.2.1 Appointment.

a. At the last regularly scheduled meeting in December of each year, the

Commission shall have an agenda item as the appointment of Members to serve

as Chairperson and Vice Chairperson for the following calendar year. The

Chairperson and Vice Chairperson shall maintain their duties and responsibilities

until the first meeting in January of the following year. Should the last regular

meeting in December not be held, the Commission shall have the first item of

business at the first January meeting as the appointment of a Chairperson and

Vice Chairperson. In such an event, Members appointed to those positions shall

assume their duties immediately following the election of the Chairperson and

Vice Chairperson. Members may serve more than one term and in both

appointed positions, not concurrently, if properly nominated and appointed.

b. Appointment of the Chairperson and Vice Chairperson shall be done separately,

each according to the following procedure:

i. The Chairperson shall designate any Commissioner or a member of staff

to track the nomination and appointment processes.

ii. The Chairperson shall call for the nomination of Regular Members

through verbal or written nomination, at the discretion of the

Chairperson.

iii. Once all nominations have been submitted and accepted by the

Chairperson, the Chairperson, following an allowance of time for each

nominated Member to make comment, shall call for a voice or silent

ballot vote, at the discretion of the Chairperson, of the Regular Members
          present.

iv. Following collection of the votes of all Regular Members present,

including the Chairperson and all nominated Members, a count shall be

taken of the votes and the results announced by the individual designated

to track the nomination process. A simple majority vote shall determine

the appointment.

v. In the event of a tie vote, a second vote, by silent ballot vote only and

including the Alternate Members present, shall be collected with a

simple majority determining the appointment. Should the second vote

result in a tie, the nominations and votes received shall be disregarded

and the process started again as specified herein until a majority vote

determines the appointment.

2.2.2 Duties of the Chairperson. If present and able, the Chairperson shall preside at all

meetings and hearings. In accordance with these and other applicable rules, the

Chairperson shall decide all points of procedure and order, unless otherwise directed by

the sustaining vote of the Sitting Members. When necessary to decide points of order,

Robert's Rules of Order, newly revised, shall be used by the Chairperson as a reference.

Furthermore, the Chairperson is to:

a. Direct the official business of the Commission, interface with the Director in the

conduct and affairs of the Commission, request needed staff assistance from the

Director or the Council, and exercise general management direction of the affairs

of the Commission;

b. Call meetings of the Commission to order on the day and time scheduled and

proceed with the order of business;

c. Announce the business before the Commission in the order in which it is to be

heard and/or acted upon;

d. Receive and submit, in the proper manner, all motions, recommendations, and

propositions presented by Commissioners;

e. Put to vote all issues and items which are properly moved upon, or necessarily

arise in the course of the proceedings and to announce the result of any such

action taken;

f. Direct the Commission, when necessary, on any point of order or practice. In the

course of discharge of this duty, the Chairperson shall have the right to call upon

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legal counsel or staff for advice;

g. Authenticate by signature, as necessary, all decisions of the Commission;

h. Maintain order at all meetings of the Commission including the maintenance of a

respectful, orderly, appropriate, and professional atmosphere;

i. Move the agenda along, reduce redundancy by reasonably limiting time allowed

for comment, whenever possible, set guidelines for public input, and reference

handouts and procedures during meetings;

j. Recognize speakers and Commissioners prior to receiving comments and

presentations;

k. Act as a voting Member of the Commission when he or she is counted as a part

of a quorum of three members only but shall relinquish the right to vote at the

beginning of the next agenda item after the arrival of another Commissioner;

l. Cast a tie-breaking vote for all seconded motions which result in a tie following

the vote of all Sitting Members.

m. Ensure the legal due process for all items and people involved in each item on

each meeting agenda; and

n. Facilitate the elimination of any and all public clamor during meetings.

2.2.3 Delegation to Vice Chairperson. The Chairperson may delegate duties generally to the

Vice Chairperson, may authorize the Vice Chairperson to perform specific duties during

his or her absence, or in case of his or her disability to perform necessary Commission

functions in a timely manner. In case of absence or incapacity of the Chairperson outside

of a Commission meeting, on approval by a majority of the Commission, the Vice

Chairperson shall perform any or all duties of the Chairperson whether or not delegated.

2.2.4 Duties of the Vice Chairperson. The Vice Chairperson shall have and perform all of the

duties and functions of the Chairperson as delegated. When acting in the capacity of the

Chairperson, the Vice Chairperson shall become a non-voting member except as would

be typical procedure for the Chairperson. During properly noticed Commission

meetings, the Vice Chairperson shall assume the duties of an absent, disabled, or

incapacitated Chairperson automatically without necessity of delegation.

2.2.5 Succession of Vice Chairperson to the Office of Chairperson and Special Elections. If

the Chairperson resigns office or is no longer a member of the Commission, the Vice

Chairperson shall automatically become the Chairperson for the remainder of the

calendar year. If the Vice Chairperson resigns office, becomes no longer a member of

the Commission, or succeeds to the Chairperson’s office, a special election shall be held

at the next regular meeting of the Commission to select a Vice Chairperson to complete

the term. If a special election is to reasonably precede the yearly regular election, the

Commission may permit the office of Vice Chairperson to remain vacant until it’s filled

in the regular election.

2.2.6 Temporary Chairperson.

a. In the event of the absence or disability of the Chairperson and Vice Chairperson,

and with a proper quorum present, a Temporary Chairperson shall be appointed

to conduct business prior to any agenda item to serve as the Temporary

Chairperson until the return of either the Chairperson or Vice Chairperson,

whoever is first.

b. The Temporary Chairperson shall be nominated and appointed in the same

manner as the regular nomination and appointment of the Chairperson.

2.3 Members and Alternates Responsibilities. The following shall be the non-exclusive

responsibilities of all Members and Alternates of the Commission, including the Chairperson.

2.3.1 Meeting Attendance. Every Commissioner shall attend each meeting of the Commission

unless excused or unable to attend due to extenuating circumstances. Any member

expecting to be absent from a Commission meeting shall notify the Director and/or the

Chairperson.

2.3.2 Representation of Applicants or Petitioners. No Commissioner or its staff shall represent

applicants or petitioners in matters on which the Commission is to make determinations

or recommendations.

2.3.3 Conflict of Interest.

a. No Commissioner shall participate in the review of or voting on any agenda item

in which they have any financial, familial, or personal interest in the property,

action, or applicant being heard by the Commission, or has or believes they have

any other conflict of interest as defined or regulated under the provisions of Title

10, Chapter 3, Part 13 of the Utah State Code (U.C.A.), Municipal Officers’ and

Employees’ Ethics Act. No member of the staff to the Commission or of any

entity serving the Commission who has similar interests shall participate or act in

violation of the above-referenced Utah State statutes.

b. Commissioners shall not sell, offer to sell services, or solicit prospective clients

or employment by stating an ability to influence Commission decisions or on the

basis of being a Commissioner.

c. Commissioners shall not use the power of his or her appointed office as a

Commissioner to seek or obtain any special advantage.

2.3.4 Disqualification on the Grounds of Influence Other Than at a Public Meeting.

Commissioners should avoid ex parte contact with developers, applicants, and/or

property owners regarding matters related to a pending application before the

Commission. A Commissioner may be disqualified from voting whenever an applicant,

or their agent, has sought to influence the vote of the Commissioner on their application

or petition, other than in the public hearing, through an ex parte contact.

2.3.5 Expression of Bias, Prejudice, or Individual Opinion Prior to Hearing and Determination.

Commissioners may seek information from other Commissioners, the Director, counsel

to the Commission, staff serving the Commission, or staff of other departments or

agencies advising the Commission, but no member should discuss the case with any other

parties thereto outside of a public meeting, or express any bias, prejudice, or individual

opinion on proper judgment of the case prior to its hearing and determination.

2.3.6 Inquiry Regarding Conflicts of Interest, Ex-Parte Contacts, and Bias. It shall be the

responsibility of the Chairperson, Vice Chairperson, or presiding officer to inquire

regarding potential conflicts of interest, ex parte contacts, and issues of bias regarding the

pending agenda items, at the beginning of the review of that item. Commissioners shall

be responsible for bringing forth information or disclosing personal conflicts of interest

or potential conflicts of interest.

2.3.7 Causes for Removal. Causes for consideration of removal of Members or Alternates

from the Commission by the Mayor with the advice and consent of the Council may

include malfeasance, misfeasance, or nonfeasance generally, and in particular:

a. Failure to maintain reasonable familiarity with the state statutes, local ordinances,

and rules affecting the Commission.

b. Failure to disclose a conflict of interest for purposes of disqualification when a

Commissioner has a personal or monetary interest, or will be directly affected by

a decision of the Commission, which the City Council deems to be in violation of

the provisions of Title 10, Chapter 3, Part 13 U.C.A.

c. Attendance at less than 75% of regularly scheduled and special Commission

meetings in any one calendar year.

2.3.8 Resignations, Generally and by Absence. Commissioners proposing to resign, if

reasonably feasible, shall give notice of their intent to the Director, Chairperson, and the

Mayor and make the date of the resignation effective in such a manner as to allow time

for appointment of placements.

Failure to attend three consecutive regular meetings, or three of any seven consecutive

meetings, without prior notice to the Chairperson may be construed by the Chairperson as

grounds for resignation by absence from the Commission. The Chairperson may then

recommend removal of the Commissioner to the Mayor.

2.3.9 Vacation of Office. When a Commissioner dies or resigns, including resignation by

absence, the Director shall promptly indicate to the Mayor and Council that a vacancy

exists. When a Commissioner becomes incapacitated permanently or for what appears

likely to be a prolonged period, moves from the jurisdiction, or becomes, for any other

reason, no longer qualified for office and fails to resign, the Chairperson should cause

any necessary investigation to be made and shall present the facts to the Director and the

Mayor, who may declare the office vacant and appoint a replacement to fill the unexpired

term.

2.3.10 Alternate Members Not to Participate in Discussions Unless Sitting at the Meeting.

Alternates shall not participate in discussions during the business meeting on any item in

which he or she will not be a Sitting Member. The first Alternate to be called as a Sitting

Member for a specific meeting shall be determined on a pre-set rotating basis. In the

event the Alternate designated for a particular meeting is absent or unable to attend or

participate, another Alternate shall be utilized.

2.4 Communication With Staff. Commissioners shall have the individual ability to converse with

staff prior to meetings of the Commission so as to gain greater understanding of the business

before them. This clause shall in no way restrict a Commissioner’s ability to have discussion

with or ask questions of staff during meetings.

ARTICLE III. MEETINGS

3.1 Meeting Schedule.

a. At the first regularly scheduled meeting in December of each year, the Commission shall

have an agenda item to determine the General Meeting Schedule for the following

calendar year. Meetings of the Commission are typically held twice a month, with the

exception of those meetings rescheduled or cancelled under the provisions of Article III,

Section 3.12 herein, and are to begin promptly at 6:30 p.m., and are to be held in the City

Council Chambers of Draper City Hall. Alteration to the time of day or place a meeting

is to be held may be made through special notice and advertisement of the meeting which

states the specific alteration(s).

b. The determination of the General Meeting Schedule shall take into consideration the

dates for which meetings will be scheduled, conflict with City-observed holidays and

events, and the possibility of special meetings or the cancellation of meetings to avoid

conflicts.

c. Following the determination of a General Meeting Schedule, the Commission shall

approve the schedule through the proper approval process, and the schedule shall be

approved by resolution of the City Council. Following approval, the adopted meeting

schedule shall be posted in the Community Development Department, distributed to each

Commissioner and the Council.

d. Open Meetings. Every meeting of the Planning Commission is to be open to the public

and conducted in accordance with the Utah State Open and Public Meetings Act (U.C.A.

52-4-1 et. seq.).

3.2 Regular Meetings. Regular meetings of the Commission shall be held in the Draper City Council

Chambers, Draper City Hall. Regular meetings may be preceded by a study session directed

towards discussion of items on the business meeting’s agenda. These study sessions shall not be

considered a study meeting. Meetings may be held at any other convenient place if directed by

the Chairperson, upon appropriate notice in advance of the meeting. (Res.18-27)

3.3 Study Meetings. Study meetings may be held as deemed appropriate by the Chairperson,

provided public notice of the time and place of the meeting is provided as required by law. Said

meeting shall be called and scheduled by the Chairperson at the greatest convenience of the

Commission. The Chairperson’s granting of a study meeting with a specified time and place

during a regular meeting of the Commission shall be notice thereof to Commissioners in

attendance and all other Commissioners shall receive notice of the study meeting by telephone or

email. If not a part of a regular meeting, all Commissioners shall receive telephone or email

notification of the meeting as soon as details of the meeting are known.

3.4 Special Meetings. Special business meetings of the Commission may be requested by any

Commissioner, the Council, or the Director to hear matters of Commission business. It shall be at

the discretion of the Chairperson to grant or deny such a request and schedule such a meeting.

Notice for such meeting shall be as typical and required for regular meetings.

3.5 Quorum. A minimum of three Commissioners, including alternates, shall constitute a quorum for

the transaction of business. The Chairperson shall be counted as a Commission member to

establish a quorum but shall have the ability to vote only in those instances outlined in Article II,

Section 2.2.2(k) herein. Any Sitting Member choosing to abstain from a vote on an agenda item

shall be included in the constitution of a quorum. Any Commissioner disqualified under the terms of

a conflict of interest shall not be included when considering the presence of a quorum. When a

conflict of interest results in a lack of Sitting Members present to approve a motion, the issue, at

the discretion of the Chairperson, may be heard by the Commission but shall not have action

taken upon it until an adequate number of Sitting Members can be present to properly vote on the

issue.

3.5.1 Lack of a Quorum. No matters of business shall be heard unless caused by a conflict of

interest disqualification, unless a proper quorum is present. In the event a quorum is not

present for a scheduled meeting of the Commission, the meeting shall be canceled only

after a reasonable allowance of time for a quorum to arrive, through a motion for

adjournment. No second shall be required for such a motion so long as the Chairperson

recognizes the necessity of the motion because of a reasonable inability to gather a

quorum. In such an event, a proper quorum shall ratify the motion to adjourn due to lack

of a quorum before any matters of business are heard at the next scheduled Commission

meeting.

3.6 General Order of Business. The business of the Commission at its meetings shall generally be

conducted in accordance with the following order: 1) items continued from previous meetings; 2)

public hearing items; 3) action items; and 4) City business. This order may be adjusted in whole

or for any one item of business prior to publication of an agenda if it is believed that doing so is

in the best interest of the general public anticipated to be present.

3.6.1 Reordering of Agenda Items. Any Sitting Member may, prior to the initiation of review

of any one agenda item, recommend the reordering of one or more agenda items to the

Chairperson. Following a motion, second, and affirming vote of the Sitting Members to

the same, the agenda items shall then be heard as reordered.

3.7 Not to Vote Unless Present. Except as permitted by electronic meeting, no Commissioner shall

vote on any matter unless present at the meeting when the vote is taken. Electronic voting shall

be allowed per the provisions of State Law and City Ordinances regarding the conduct of

electronic meetings. Commissioners participating electronically shall be counted as though

present at the meeting. No Commissioner shall give his or her proxy to any other person to vote

on any issue.

3.8 Agenda Items and Public Hearings. The following procedure shall be observed for all agenda

items, but may be rearranged at the discretion of the Chairperson for an individual item for the

benefit of the expeditious conduct of business:

a. Explanation of the procedures for submitting testimony for public hearings prior to the

first hearing listed on the agenda.

b. Introduction of the agenda item by the Chairperson.

c. Presentation of facts and recommendations by staff.

d. Presentation of the proposal by the applicant(s) or their agent.

e. Opening of the public hearing by declaration of the Chairperson if the item is noticed as a

public hearing.

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f. Testimony by citizens present to discuss the item through comment of facts or arguments

if the item is a public hearing.

g. Closure of the public hearing by declaration of the Chairperson if the item is a public

hearing.

h. Rebuttal and concluding comments by the applicant.

i. Commission discussion, questioning, and deliberation. The discussion shall be confined

to the Commission unless any Commissioner requests specific additional information

from staff, the applicant(s), or a member of the general public present who is or may be

directly involved or impacted by the issue under consideration.

j. Vote of the Sitting Members in the form of approval, approval with conditions,

continuation, or denial.

3.9 No Commission Action During Public Hearings. No Commission action shall be taken in a

formal public hearing. Comments from the public shall be received and weighed but not

responded to by Commissioners during the public hearing. Commissioners may ask questions of

the general public providing testimony although questions should be limited to clarification of

testimony offered.

3.10 Public Comment During Public Hearings. Comments, testimony, and presentations from the

public shall be respectful, pertinent, relevant, concise, and confined within a three-minute

timeframe. A spokesperson for a group wishing to submit comments on behalf of that group shall

be granted five minutes to speak upon demonstration of the group being represented. Public

comments should be non-repetitious. The Chairperson shall have the ability to discontinue the

receipt of public comment at his or her discretion if the commentary and testimony becomes

repetitious, disrespectful, rude, or otherwise rowdy or inappropriate. All public comment shall be

directed toward the Commission and may only be received in writing or from the speaker’s

podium, with recognized exceptions due to a disability of the speaker, within the location of the

meeting. Public comment not originated from the podium shall not be accepted or considered by

the Commission.

3.11 Recess. Any regular or special meeting may be recessed from time to time by sustaining vote of

the Sitting Members. Recesses should be limited to not more than 15 minutes unless extenuating

circumstances arise.

3.12 Cancellation. If no business is scheduled for a Commission meeting, or if it is apparent that a

quorum of the Commission will not be available, any meeting may be canceled by the

Chairperson by giving notice to all Commissioners.

3.13 Length of Meetings. All meetings of the Commission should conclude no later than 10:00 p.m.

In the event a meeting goes beyond 10:00 p.m., and following the conclusion of the agenda item

under consideration at 10:00 p.m., the Commission shall by motion, second, and sustaining vote:

a. Conclude the meeting without hearing any further agenda item and continuing all

remaining agenda items to the next regular meeting or a special meeting;

b. Continue the meeting to hear one or more remaining agenda items, but not the

entire remaining agenda, while continuing all other items of business; or

c. Continue the meeting to the conclusion of the agenda.

3.14 Time Control. The Chairperson may, at any time, institute measures to control the time for

discussion on any issue. Care should be taken to ensure fairness in the hearing process so that

those speaking in support and in opposition should have substantially equal time. The Chairperson

may stop discussion once he or she believes the issue has been adequately and fairly heard.

ARTICLE IV. ORDER AND DECORUM

4.1 General Decorum. The atmosphere of Commission meetings shall be conducted with the utmost

respect for and by all parties. All those in attendance shall conduct themselves in a courteous,

mindful, professional, sincere, and appropriate manner for the nature of the proceedings. Actions

such as booing, hissing, cheering, clapping, throwing objects, obscene gestures, harassing

comments, or other similar or obnoxious behavior shall not be tolerated.

4.2 Commissioner Decorum.

a. Commissioners in attendance at each meeting shall portray an appropriate appearance as

a representative of Draper City to conduct the meeting in a serious, respectful, and

sincere manner.

b. Commissioners shall avoid leaving their seats except during approved recesses of a

meeting or removing themselves for a conflict of interest.

c. Members shall avoid conversation that is not plainly audible to all present at the meeting.

4.3 Public Clamor. Information submitted by way of public clamor occurring during the course of a

meeting shall not be considered by the Commission when rendering decisions.

4.4 Due Process. The Chairperson shall conduct each meeting in such a manner as to afford due

process throughout the proceedings.

4.5 Conduct During Meetings. During any and all agenda items, any individual submitting testimony

shall be allowed to proceed without interruption. All testimony, statements, and comments shall

be addressed to the Chairperson. The Chairperson shall not permit questioning or arguing

between individuals in the audience. Any Sitting Member, Counsel to the Commission, or staff,

upon recognition and permission by the Chairperson, may direct any questions to the applicant,

witnesses, or any person speaking from the audience to bring out clarifying or pertinent facts. No

Commissioner or staff shall debate or argue with persons in the audience.

4.6 Cause for Removal. It shall be the authority and discretion of the Chairperson to order the

removal of any individual member or groups of the general public present at a Commission

meeting by an officer of the Draper City Police Department. Removal may be for the duration of

the discussion and consideration regarding any single agenda item or for the remainder of the

meeting, if said person or groups become rude, disrespectful, disorderly, or otherwise disruptive

towards the Commission, a Commissioner, staff, the applicant, or other members of the general

public.

4.7 Chairperson’s Adjournment. In the event of refusal to leave the meeting by anyone present under

the authority granted under Article IV, Section 4.6 herein, it shall be the authority and discretion

of the Chairperson to promptly adjourn any Commission meeting when said meeting becomes out

of hand, unruly, overly disruptive, or otherwise inhibitive to the conduct of the City’s business

until such time as business can be conducted in an appropriate manner.

ARTICLE V. MOTIONS, VOTING, FINDINGS, AND DECISIONS

5.1 Making a Motion. Any Sitting Member may make or second any motion.

5.2 Findings. Motions for approval, denial, or approval with conditions should state within the

motion the reasons, issues, and facts leading to the motion.

5.3 Motions Repeated. Motions may be repeated for clarification, further understanding, or

consideration at the request of the Chairperson or any Sitting Member, or by staff for the purpose

of clarification for the official record.

5.4 Legal Counsel. Any Sitting Member may request legal advice from the City legal counsel in the

preparation, discussion, and/or deliberation of any motions.

5.5 Second Required. Each motion of the Commission must be seconded with the exception of a

motion to adjourn a meeting.

5.6 Withdrawing a Motion. After a motion has been stated, the motion resides in the possession of

the Commission but may be withdrawn by the author of the motion at any time prior to the

motion being put to a vote. Withdrawal of a second shall become automatic with the withdrawal

of the motion. The author of a second may also withdraw the second at any time prior to the

motion being put to a vote. The withdrawal of a second does not constitute withdrawal of the

motion.

5.7 Motion to Continue. A motion to continue an agenda item shall be accompanied by the reasoning

and rationale for the continuance, and whenever possible, a specific date when the issue would be

heard again.

5.8 Amending Motions. Following the second to any motion and prior to the motion being put to a

vote, any Sitting Member may offer a motion to add to and/or amend the initial motion in any

manner that does not change the decision stated in the motion. Amending motions shall be dealt

with in the same manner as an initial motion and voted upon prior to further consideration of the

initial motion.

5.9 Reconsideration of Motions. Any Commissioner who voted in favor of any sustained motion

may offer a motion to reconsider the action taken at any time during the meeting in which the

vote took place. A motion to reconsider must be sustained itself in order to reconsider the action

taken. If reconsideration finds that the previously approved motion should stand, no formal vote

shall be necessary. If the former motion is to be amended or made void, the reconsideration

motion shall be put to a formal vote of the Sitting Member.

5.10 Motions That Carry. Any seconded motion receiving three or more affirming votes shall carry

forward as the decision of the Commission. In no case, regardless of the size of the quorum

present, shall a motion be considered approved and constitute the official action of the

Commission with less than three affirming voted. In the instance where a motion is voted upon

receiving affirmation from a majority of the quorum but less than three votes, it shall be

considered a dead motion.

5.11 Motion to Recess. Any Commissioner may offer a motion for recess, and have said motion

considered and voted upon, at any point during a Commission meeting. Any such motion shall

contain a specific time to reconvene the meeting.

5.12 Dead Motions and New Motions. In the event that a motion does not carry due to the lack of an

adequate sustaining vote, or doesn’t receive a second, the motion is determined to be dead and the

discussion and consideration of the agenda item shall continue until another motion is offered and

sustained.

5.13 Motions to Adjourn. A motion to adjourn shall be required to conclude every Commission

meeting, following the addressing of each item on the agenda for that meeting. No second shall

be required for a motion to adjourn so long as the Chairperson accepts the motion as appropriate

in timing and declares the meeting closed.

5.14 Decisions.

5.14.1 Timing of Decisions. After conclusion of the public hearing, when necessary, for any

application or petition, the Commission shall examine the evidence before it in relation to

findings required, and make a decision. With due consideration to the length of the

agenda, the nature of the case, the complexity of the evidence, and the findings required,

the Commission may elect, by a sustaining vote, one of the following alternatives:

a. To proceed immediately to determination and decision of approval, approval

with amendments or conditions, or denial;

b. To defer determination and decision until later in the same meeting; or

c. To continue the case for determination and decision, with or without further

public comment, at a specified later special or regular meeting.

5.14.2 Findings. If a sustaining vote of the Sitting Members concurs that the evidence supports

favorable findings upon an application or petition before it, or that such findings could be

made if conditions and safeguards are established, the decision shall be favorable to the

applicant, provided that such conditions and safeguards as may be required for a

favorable finding are specified in the decision. Such safeguards and requirements shall

be binding upon the applicant or petitioner and his successor and interests.

5.14.3 Form and Procedure of Decisions. Unless otherwise provided, all decisions of the

Commission shall be made at a public meeting by motion sustaining vote. Motions shall

be in the form of findings of fact, shall state the reason(s) for the findings by the

Commission, and a statement of any conditions or safeguards to be attached to the action.

5.14.4 Notification. A sustaining vote of the Commission shall cause notice to be given to the

applicant of the decision made. Notice shall be issued as soon as reasonably possible

after the decision is reached. Such notice shall include a copy of the complete conditions

of approval attached to the decision. Such notification shall not be necessary if the

decision reached by the Commission is in the form of a recommendation to the Council.

5.15 Voting.

5.15.1 Changing a Vote. No member shall be permitted to change his or her vote once the

Chairperson has declared the result of the decision, except under the terms of

reconsideration outlined in Article V, Section 5.9, herein.

5.15.2 Abstention. Any Sitting Member may choose to abstain from voting on any agenda item.

Commissioners wishing to abstain may remain at the Commission table and participate in

the discussion. Reasoning for abstention is not required to be revealed prior to the vote

being taken, but must be disclosed as a part of the Commissioner’s vote for abstention in

order to ensure that no conflict of interest has occurred. In the event of an abstention, the

vote to abstain shall count as a vote and shall not be replaced by the affirming or negative

vote of another Commissioner.

5.15.3 General Voting. Any agenda item requiring a vote of the Commission, except items

requiring a roll call vote, shall be conducted, following the Chairperson’s recognition of a

motion, a second, and discussion on the motion, by: 1) the Chairperson’s request for

votes in favor of the motion and an audible response from Sitting Member in favor; 2) the

Chairperson’s request for votes opposed to the motion and an audible response from

Sitting Member opposed; 3) the Chairperson’s identification of any abstentions; and 4)

the Chairperson’s declaration of the voting results. At any time during the voting

procedure that a unanimous vote occurs or all Sitting Members declare their vote prior to

the completion of the process in its entirety, the Chairperson may immediately supersede

the procedure, declare the result of the vote, and proceed with the remainder of the

agenda.

5.15.4 Roll Call Vote. A roll call vote shall be held to vote on seconded motions made

regarding:

a. The approval of an agenda item where the Commission is the designated

approving body;

b. Recommendations to the Council; or

c. The adoption of any Commission resolution.

5.15.5 Conducting a Roll Call Vote. When a roll call vote is necessary, the Chairperson shall,

following a motion, second, and discussion on the motion, request a vote individually

from each Sitting Member. Each Sitting Member shall, when called upon, declare their

vote orally by stating “Aye” or “Yes” if voting in favor of the motion, “Nay” or “No” if

voting in opposition of the motion, or “I abstain” if choosing not to vote. When a roll call

vote is necessary, each Sitting Member’s vote shall be recorded in the official minutes of

the meeting.

5.15.6 Voting On Continued Items. In the event an agenda item is heard and continued, the

Sitting Members at the meeting in which the item was first heard shall constitute the

Sitting Members, for that agenda item only, at the continuance to the greatest degree

possible. If the initial Sitting Members are not present at the continuance in their

entirety, remaining seats shall be filled according to standard Sitting Member selection

procedure.

5.15.7 Sitting Members Only to Vote and Late Arrivals. Sitting Members, as constituted at the

Chairperson’s introduction of an agenda item, shall be the only Commissioners permitted

to vote on the item. Sitting Members shall not be replaced by any other Member or

Alternate when disqualified from participation for conflict of interest or any other reason.

If a Member arrives at the meeting after the introduction of any agenda item, the Member

shall wait until the next agenda item to replace an Alternate as a Sitting Member and may

defer the remainder of the meeting to the Alternate.

ARTICLE VI. NON-EXCLUSIVE AND SUSPENSION OF RULES

6.1 Non-Exclusive Rules. The rules set forth are non-exclusive and do not limit the inherent power

or general legal authority of the Commission, or its Chairperson, to govern the conduct of

Commission meetings as may be considered appropriate from time to time or in particular

circumstances for the purposes of orderly and effective conduct of the affairs of the City.

6.2 Waiving or Suspending Rules. A rule of procedure may be suspended or waived at any meeting

by unanimous vote of Commission members present unless such rule is set by state law or by the

Zoning Ordinance.

ARTICLE VII. REFERRED FUNCTIONS

7.1 Referred to Staff. The following functions have been referred to staff, staff committees, or citizen

committees for recommendations as specified. Such referral of function does not in any way

relinquish final power and authority over these functions as specified by state law and the Zoning

Ordinance. The individuals or agencies to whom referral has been made will act in the name of

the Commission in conformance with the provisions of Section 9-4-060 of the Zoning Ordinance.

Applicants or petitioners may choose, in any event, to have said application or petition reviewed

by the Commission. Upon waiving, in writing, the right to a review by the Commission, the

recommendation by the person or committee to whom the function has been referred shall be

considered to be an action by the Commission. Staff shall regularly submit to the Commission a

summary of all site plan and site plan amendment requests that have been approved at the staff

level.

a. Commercial Site Plan Approval for commercial, institutional, and multi-family projects

where delegated by the Commission pursuant to section 9-4-060 of the Code, and

according to the criteria and limitations set forth therein.

b. Commercial Site Plan Amendment Approval for commercial, institutional, and multifamily projects that meet all findings contained in Section 9-5-090(h)(1) of the Code.

ARTICLE VIII. ADOPTION, AMENDMENT, AND MAINTENANCE OF BYLAWS

8.1 Adoption of Bylaws. Adoption of these Bylaws is to supersede and replace all those adopted

previously. The adoption of the Bylaws shall be done by roll call vote of the Planning

Commission, without need of a public hearing, as a recommendation to the City Council who

shall authority to approve, approve with amendments, or deny.

8.2 Amendment of Bylaws. Amendments to the Bylaws shall follow the same procedure as the

adoption of the Bylaws. A recommendation may be made by any Commissioner to review the

bylaws for amendment at any time following their inception. A concurring opinion of the

majority of the Commission shall be required to open the review of the Bylaws for amendment.

No amendment to these Bylaws shall become effective until incorporated in the official copy.

8.3 Recording. These Bylaws, and all subsequent amendments, shall be recorded by the City

Recorder and copies of which shall be distributed to each Commissioner and the Community

Development Department.

8.4 Bylaws of the Commission to be Available in City Recorder’s Office. An official copy of the

Bylaws, in its most current form, shall be maintained and available in the City Recorder’s office

as a public record, with that copy to govern.