ARTICLE 1. PLANNING COMMISSION & BOARD OF ZONING APPEALS
There is hereby reestablished the Sterling City Planning Commission which is composed of nine (9) members of which seven (7) members shall be residents of the City and two (2) members shall reside outside the City, but within the designated Planning Area of the City which is within at least three miles of the corporate limits of the City. The Planning Commission was originally created by Ordinance No. 2-165 which was passed approved and became effective in 1972.
(Code 1972, 2-165; Ord. 2459)
The members of the Planning Commission shall be appointed by the Governing Body at the first regular meeting of the Governing Body in November of each year and take office at the next regular meeting of the Commission. The terms of members of the Commission sitting currently shall be fulfilled and all future terms shall remain at a length of three years. In case of death. Incapacity, resignation or disqualification of any member, appointment to such a vacancy on the Commission shall be made for the unexpired term of the member leaving the membership. If any member has a conflict of interest in any matter corning before the Commission, he or she shall be disqualified to discuss or vote on the matter. The Governing Body may adopt rules and regulations providing for removal of members of the Commission. Members of the Commission shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties or as deemed desirable by the Governing Body.
(Code 1972, 2-166; Ord. 2459)
The members of the Commission shall meet at such time and place as may be fixed in the Commission's bylaws. The Commission shall elect one member as chairperson and one member as vice-chairperson who shall serve one year and until their successors have been elected. A secretary shall also be elected who may or may not be a member of the Commission. Special meetings may be called at any time by the chairperson or in the chairperson's absence by the vice-chairperson. The Commission shall adopt bylaws for the transaction of business and hearing procedures which shall be subject to the approval of the Governing Body. A proper record of all the proceedings of the Commission shall be kept. The Commission, from time to time, may establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the Commission.
(Code 1972, 2-167; Ord. 2459)
The Governing Body and Planning Commission shall have all the rights, powers and duties as authorized in K.S.A. 12-741 et seq. and amendments thereto which are hereby incorporated by reference as part of this Ordinance and shall be given full force and effect as if the same had been fully set forth. The Commission is hereby authorized to make or cause to be made, adopted and maintained a comprehensive plan for the City and any unincorporated territory lying outside the City of Sterling, but within Rice County, which in the opinion of the Commission forms the total community of which the City is a part. The Commission shall also cause to be prepared, adopted and maintained zoning and subdivision regulations 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.
(Code 1972, 2-168; Ord. 2459)
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. 12-9. The Board shall adopt rules in the form of bylaws for its operation which shall include hearing procedures. Public records shall be kept of all official actions of the Board. The Board shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote upon each appeal. The Governing Body shall establish a scale of reasonable fees to be paid in advance by the appealing party.
The Governing Body shall approve a budget for the Planning Commission and make such allowances to the Commission or other planning efforts as it deems proper, including funds for the employment of such employees or consultants as the Governing Body may authorize and provide. If no specific budget is established, the Governing Body may fund such projects, activities as it sees fit. The Governing Body may enter into such contracts as it deems necessary and may receive and expend funds and moneys from the state or federal government or from any other source for such purposes.
(a) Connect Sterling - Comprehensive Development Plan for the Sterling Area, Kansas: 2015-2035, dated June 3, 2015, as adopted by the Sterling City Planning Commission, which is certified and on file in the City Clerk's office, is hereby approved as the official comprehensive plan for the City of Sterling.
(b) An attested copy of the Plan document shall be sent to all other taxing subdivisions in the Planning Area which request a copy, as required by K.S.A. 12-747(c).
(c) At least once a year, the Planning Commission shall review or reconsider the Plan or any part thereof, and may propose amendments, extensions, or additions which shall be adopted in the same manner as the original comprehensive plan, as required by K.S.A. 12-747(d).