4.80.040 Powers and duties.
The powers and duties of the Planning Commission are as follows:
A. General. The commission shall prepare and recommend to the Assembly appropriate policies, plans and ordinances for the implementation of the municipal planning, official map, and zoning functions.
1. Comprehensive Plan. The commission shall develop, adopt and recommend to the Assembly a Comprehensive Development Plan and modifications thereto for the orderly development of the municipality.
The Assembly may modify or adopt the Comprehensive Development Plan as recommended and developed by the commission. At the request of the Assembly, the commission shall initiate an overall review of the Comprehensive Plan. The commission shall solicit suggestions for modifications of the plan. The commission shall review the plan, prepare an ordinance detailing any recommended changes, hold a public hearing on the changes, and present their recommendations to the Assembly.
2. Zoning Ordinance. To implement the Comprehensive Plan, the commission shall prepare and recommend to the Assembly a zoning ordinance. In accordance with the Comprehensive Plan, the Assembly shall adopt a zoning ordinance to regulate the use of land and improvements by districts. It may modify or adopt the zoning ordinance recommended by the Planning Commission.
a. Zoning regulations shall be uniform for each class or kind of building, structure, land or water area within each district, but regulations may differ among districts and exceptions may be made in order to provide for preservation, maintenance and protection of historic sites, buildings and monuments.
b. Zoning regulations adopted under this authority may include, but are not limited to, regulations of land use, building location, the height and size of structures, the number of stories in buildings, lot coverage, the size of open space, and population density and distribution.
c. Zoning regulations shall be designed for, but not limited to: providing for orderly development; lessening street congestion; fire safety and public order; protecting the public health and general welfare; preventing overcrowding; stimulating orderly development of transportation, water, sewer, schools, parks and other public facilities; and reducing the effect of natural hazards.
d. The commission shall review all requests for amendments to the zoning and the floodplain ordinances, including amendments to the zoning map, and shall make recommendations to the Assembly thereon.
e. The commission shall review and act upon requests for special exceptions and conditional use permits in accordance with the provisions of FNSBC Title 18.
3. Official Maps. The commission shall prepare and recommend to the Assembly an official map of all public streets and other public ways existing and established by law, all plans, streets and street lines approved by the Assembly, and all streets and street lines shown on recorded plats of the subdivisions. The official map may show the location of planned streets and other ways and may show existing and approved planned public facilities. The placing of any street, street line or public facility upon any map shall not constitute the opening or establishment of same nor the taking or acceptance of land for public purposes. All street locations and subdivision plats subsequently approved shall be placed on the official map. The official map may be adopted by the Assembly by ordinance.
4. Review and Amendment. The commission shall prepare and recommend to the Assembly modifications or amendments to the documents specified in this section. The commission shall publish notice of and hold at least one public hearing before submitting its recommendations.
5. The chairperson of the commission, or their designee, shall attend all Assembly meetings at which public hearing is scheduled pertaining to an ordinance upon which the commission has acted. The chairperson shall provide a synopsis of the commission’s recommendation regarding the ordinance being considered, as provided in this chapter.
B. Reports and Recommendations on Public Improvements. The commission shall investigate and report to the Assembly regarding location, design, demolition or disposition of any public building, facility, traffic arterial, parks, greenbelts or playgrounds. All officials and employees of the Borough are required in their official capacity and all public agencies not a part of the Borough are requested to inform the commission of such improvements for action and to submit all pertinent information within such time as will enable the commission to make recommendations as to whether the proposed project is consistent with the Comprehensive Plan.
C. The Planning Commission shall perform such other duties as the Assembly may from time to time direct.
D. The Planning Commission shall:
1. Make determinations on requests for conditional uses and variances in the manner prescribed herein.
2. Make recommendations on requests for rezonings and amendments to FNSBC Title 18 in the manner prescribed herein and transmit same to the Borough Assembly. (Ord. 2021-27 § 3, 2021; Ord. 2019-09 § 2, 2019; Ord. 2006-28 §§ 2, 3, 2006; Ord. 88-010 § 2, 1988; Ord. 86-044 § 3, 1986; Ord. 81-54 § 3, 1981; Ord. 80-29 § 4, 1980. 2004 Code §§ 2.40.041, 18.52.020.)