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Planning & Zoning Commission By-Laws

Saline County, Kansas
 

ARTICLE I - NAME AND AUTHORITY
Section 1 - Name
The Name of this organization shall be known as the Saline County Planning and Zoning Commission, herein called the Commission or Planning Commission.
Section 2- Authority
The Commission is established by Resolution No. 64 of the Board of County Commissioners of Saline County, Kansas.

ARTICLE II - POWERS AND DUTIES
The Commission shall:
A. Prepare plans for Saline County, which are directed toward the best development of the County;
B. Hold public hearings as provided by law;
C. Make and recommend policy to the County Commissioners in areas of physical and social development;
D. Evaluate and recommend necessary rules and regulations as provided by law;
E. Hear and make final judgement on applications for Conditional Use Permits, Preliminary Plats, and Subdivision Exceptions;
F. Hear and make recommendations to the Governing Body on applications for Zoning Amendments, Final Plats, Text Amendments, and amendments or addendums to the Comprehensive Plan;
G. Exercise all other powers provided by law.

ARTICLE III - MEMBERS
Section 1 - Composition
The Planning Commission membership shall be provided in Resolution No. 64, as amended by Resolution No. 763 and subsequently amended by Resolution 93-1331. Resolution 93-1331 established a nine (9) member Planning and Zoning Commission. As stipulated in KSA 12-744 and Resolution 93-1331, at least a majority of the Commission must reside in the unincorporated regions of Saline County. Therefore, a minimum of 5 members must reside in the unincorporated areas of the County.
Section 2 - Term of Office
Commissioners are appointed by the Board of County Commissioners to a term of office for three (3) years. In the event that a Commissioner resigns, a successor is appointed for the remainder of the term.
Section 3 - Voting
At all meetings of the Commission, each member attending shall be entitled to cast one (1) vote. Voting shall be by voice or by roll call as determined by the Chairman.

The number of votes needed to adopt motions on specific items of business shall be in conformance with the following tables.
 

 

Affirmative Votes Required
8 or 9 Members Appointed (Quorum =5)
     
Number of Members
Present
Votes to Approve Item
(CUP, PP, SE)
Votes to Recommendation
(Z, FP, TA, Plan)
     
9 5 5
8 5 5
7 4 5
6 4 5
5 4 5

 


 

Affirmative Votes Required
5 To 7 Members Appointed (Quorum = 4)
     
Number of Members
Present
Votes to Approve Item
(CUP, PP, SE)
Votes to Recommendation
(Z, FP, TA, Plan)
     
7 4 4
6 4 4
5 3 4
4 3 4

 

CUP=Condiational Use Permit Z=Zoning Amendments
PP=Preliminary Plat FP=Final Plat
SE=Subdivision Exception TA=Text Amendment
Plan=Amendments or Addendum to the Comprehensive Plan

In the event that an item of business receives a majority of the votes cast, but such majority does not consist of the minimum required, such action shall be considered a failure to recommend. The number of votes cast for and against each motion shall be recorded in the minutes.

Section 4 - Conflict of Interest
Any member of the Commission who feels that he or she has a conflict of interest (as defined by K.S.A. 75-4301 et. seq.) on any matter that is on the Commission's agenda shall voluntarily vacate his seat and refrain from discussion and voting on said item. Any member may raise the question of conflict of interest or possible conflict of interest with respect to any other member present. The question raised must be decided by majority vote of the members present, excluding the member in question.

Section 5 - Absences
The Commission may recommend to the County Commission replacement of any member who has three (3) consecutive absences from regular meetings.

Section 6 - Vacancies
Any vacancy resulting from resignation, removal or death of a member serving as Chairman, shall cause the Vice-chairman to automatically assume the position of Chairman and a new Vice- chairman shall be elected. Vacancies shall be filled by appointment by the Board of County Commissioners.

Section 7 - Ex-Parte Communication
The Kansas Supreme Court has ruled that recommendations and decisions made by local governments on private land use matters (rezonings, subdivisions, variances and appeals) are Aquasi-judicial@. By their nature, Quasi-judicial proceedings which require that recommendations and decisions are arrived at in a fair and equitable manner, that all interested parties (pro, con, or neutral) are given ample opportunity to present their case, and that the record clearly show all evidence that was considered in arriving at said recommendations and decisions.
The Saline County Planning & Zoning Commission desires to conduct all proceedings fairly, to create a record that includes all of the evidence upon which recommendations and decisions were made, and to prevent the appearance of undue influence on its recommendations and decisions. To this end, Commissioners whom experience ex-parte communication must disclose the details of the communication at the Commission meeting after the introduction of the item of which the ex-parte communication pertained.

ARTICLE IV - OFFICERS
Section 1
The officers of the Planning Commission shall be Chairman, Vice-chairman and Secretary.
Section 2
The Chairman and Vice-Chairman shall be elected at the annual meeting and shall serve for a term of one (1) year, and until their successors are elected.
Section 3
The Planning and Zoning Director shall serve as Secretary, and he may appoint a staff member as Assistant Secretary to set in his absence.
Section 4
Any vacancy of office shall be filled by election for the remainder of the normal term.
Section 5
No person shall be eligible to hold the office of Chairman or Vice-chairman for more than two (2) full consecutive one-year terms.

ARTICLE V - DUTIES OF OFFICERS
Section 1 - Chairman
The Chairman shall preside at all meetings of the Commission and shall be eligible to vote on all matters coming before the Commission. The Chairman has a right to abstain from voting. However, the Chairman must vote in the event of a tie vote or when a motion is one vote short of adoption. He shall appoint all committees and is responsible for conducting all meetings in an orderly manner. The Chairman shall sign all resolutions and other approved records, papers and documents of the Commission.
Section 2 - Vice-chairman
The Vice-chairman shall perform all the duties and assume all the responsibilities of the Chairman in his absence.
Section 3 - Secretary
The Secretary shall keep accurate records of all proceedings of the Commission. He shall be responsible for issuing all necessary correspondence, notices and agendas. He shall be responsible for compiling reports and keeping attendance records. The Secretary, or his designated appointee, shall present Commission actions and recommendations to the Governing Body. The Secretary shall sign and note approval of the minutes of the Commission and shall, when required by law, authenticate the signature of the Chairman.

ARTICLE VI - MEETINGS
Section 1 - Regular Meetings
Regular meetings of the Commission shall be held on the first (1st) Monday of each month, unless such date is a legal holiday, in which the meeting will be rescheduled. Unless otherwise publicly announced by the Chairman, all meetings shall be held in Room 107, City-County Government Building, 300 W. Ash, Salina, Kansas. Any such change shall be given public notice for the convenience of persons having business before the Commission.
Section 2 - Agenda
The Secretary, or other authorized officer, shall prepare an agenda of all matters to come before the Commission no later than the Tuesday preceding the next regular or special meeting. All requests for inclusion on the agenda must be made known to the Secretary by 5:00 p.m. on the last working day of the month preceding the next regular meeting.
Section 3 - Special Meetings
Special meetings may be called by the Chairman, or in his absence, the Vice-chairman, or upon written request of any three (3) members of the Commission. Notice received by letter or phone by Commission members and the news media twenty-four (24) hours prior to the scheduled time shall be considered ample notice.
Section 4 - Annual Meeting
The first (1st) regular meeting of the month of April of each year shall be designated as the annual meeting, at which time officers for the coming year shall be elected. In additon, the Comprehensive Plan will be open to discussion at the annual meeting.
Section 5 - Quorum
A quorum shall consist of a majority of the members of the Commission appointed and qualified at any given time. In the absence of a quorum at any meeting, the presiding officer may adjourn the meeting to a specific time, date and place which shall be publicly announced.
Section 6 - Open Meetings
All meetings of the Commission shall be open to the public and to attendance by representatives of the news media.
Section 7 - Minutes Available to Public
The Secretary shall prepare and maintain permanent minutes to be kept available for public view and use.

ARTICLE VII - PARLIAMENTARY AUTHORITY
The procedure followed by the Planning Board will be standard parliamentary procedure.

ARTICLE IX - AMENDMENTS
These By-Laws may be amended at any regular meeting of the Commission by a two-thirds (2/3) vote of the members present and voting, provided that any proposed amendment has been submitted in writing at the previous regular meeting.
ADOPTED BY THE SALINE COUNTY PLANNING AND ZONING COMMISSION THIS 4TH DAY OF DECEMBER, 2006.

Lawrence Scanlan, Chairman
Planning and Zoning Commission

Vicki Koepsel
Executive Secretary