There is hereby reestablished the Planning commission for the city of Peabody, Kansas, which shall exercise its powers and duties as provided by law and by this article within the corporate limits of the city of Peabody, Kansas, as presently defined and as the same hereafter may from time to time be changed.

(Ord. 818; Code 2016)

The Planning Commission shall consist of five (5) members, all of whom shall be appointed by the mayor of the city of Peabody, with consent of the governing body thereof. All terms of members of the Planning commission shall begin on the first day of May and shall end on the last day of April. All terms of office, other than the terms of the initial appointees, shall be for three (3) years. of the initial appointees, one (1) shall be appointed for a one-year term, two (2) shall be appointed for a two-year term, and two (2) shall be appointed for a three-year term. The governing body shall have the right to remove any member of the Planning commission appointed thereby for failure to regularly attend to the duties of such office, or for other good cause shown. In the event of the death, incapacity, resignation, disqualification or removal of any member, the governing body shall fill such vacancy by appointment in the same manner as designated above. Such an appointment to fill a vacancy on the Planning Commission shall be made for the unexpired term of the member leaving the membership. The governing body may adopt rules and regulations providing for removal of members that it has appointed to the Planning commission. Members of the Planning commission shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties as deemed desirable by the governing body.

(Ord. 818; Code 2016)

The members of the Planning Commission shall meet at such time and place as may be provided in the Planning Commission’s bylaws. The Planning Commission shall elect one member as chairperson and one member as vice-chairperson, each of whom shall serve one year until their successors have been elected. A secretary shall also be elected who may or may not be a member of the Planning commission. Special meetings may be called at any time by the chairperson or, in the chairperson’s absence, by the vice-chairperson. The Planning commission shall adopt bylaws for the transaction of business and hearing procedures. Such bylaws shall be subject to the approval of the governing body of the City of Peabody. A proper record of all the proceedings of the Planning Commission shall be kept. 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. 818; Code 2016)

Unless otherwise provided by law, all actions by the Planning Commission shall be taken by a majority vote of the entire membership of the Planning Commission. Should any member have a conflict of interest in any matter coming before the Planning commission which disqualifies that member by law from voting upon the matter, that member’s position shall be regarded as if it were an unfilled vacancy for purposes of determining the total membership of the Planning Commission and the number of votes necessary for any requested action.

(Ord. 818; Code 2016)

The governing body of the city of Peabody, and the Planning Commission, shall have all the powers and duties as set forth in K.S.A. 12-741 et seq., including any future amendments thereto. The Planning Commission is hereby authorized to make, or cause to be made, adopted and maintained a comprehensive plan for the city of Peabody, and for any unincorporated territory lying outside of such city but within Marion county in which such city is located 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 to be prepared, adopted and maintained zoning and subdivision regulations on all land within the jurisdiction designated by the governing body of the said city. 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 Planning commission to undertake other assignments related to planning and land use regulations, subject to subsequent approval of the governing body of the city of Peabody, the Planning commission shall establish a scale of reasonable fees to be paid in advance by any party filing an appeal to the Planning Commission.

(Ord. 818; Code 2016)

The Planning Commission is hereby designated to also serve as the Board of zoning Appeals with all the powers and duties as provided for in K.S.A. 12-759, including any future amendments thereto. The bylaws and hearing procedures adopted by the Planning commission and approved by the governing body shall govern all such procedures. The present membership of the Board of zoning Appeals as existing prior to the effective date of this article is hereby disbanded.

(Ord. 818; Code 2016)

The governing body of the city of Peabody shall establish an annual budget for the Planning Commission and make such allowances to the Planning commission as it deems proper, including funds for the employment of such employees or consultants as the governing bodies may authorize and provide, and shall add the same to the general budget. Prior to the time that moneys are available under the budget, the governing body may appropriate moneys for such purposes from the general fund. 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.

(Ord. 818; Code 2016)