PC Rules


PLANNING COMMISSION RULES1
GOVERNING THE CONDUCT OF ITS BUSINESS


1. Meetings. The number of Planning Commission, hereinafter referred to as "commission", meetings per month and a schedule of meeting dates shall be established and may be altered or changed at any regularly scheduled meeting. Two regular meeting dates are established each month on the second and fourth Tuesdays at 7 p.m. in the Council Chambers.
1.1. Public hearings shall conclude at 9:30 P.M. and be continued to a future date to be set by the commission, unless the commission by a two-thirds vote of those present, extends the hearing(s) for one-half hour until 10:00 P.M. and for an additional half-hour until 10:30PM, if desired, at which time the commission shall set a date for continuance.
1.2. All meetings shall end no later than 10:00 p.m., unless the commission by two-thirds vote of those present extends the meeting for one-half hour until 10:30 p.m. at which time the commission shall set a date for continuance of the agenda items not acted upon.
1.3. Additional meetings may be held at any time upon the call of the chair or by a majority of the voting members of the commission or upon request of the city council following at least twenty-four hours' notice to each member of the commission.
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2. Quorum. Five (5) members of the commission constitute a quorum. A simple majority of the quorum present determines the action on any motion, question, ordinance, or resolution. The recommendation to the City Council of any amendment to the Land Use Ordinance or Comprehensive Plan shall be by the affirmative vote of not less than a majority of the total members of the commission.
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3. Election of Officers. In June of each year the Commission shall elect a chair and first and second vice-chairs. The recording secretary shall be a member of the Community Development Department staff.
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4. Duties of Officers. The duties and powers of the officers of the commission shall be as follows:
4.1 The Chair Shall:
4.1.1. Preside at all meetings of the commission.
4.1.2.  Call special meetings of the commission.
4.1.3. Sign documents of the commission.
4.1.4.  See that all actions of the commission are properly taken
4.2. First Vice-Chair. During the absence, disability, or disqualification of the chair, the first vice-chair shall exercise or perform all the duties and be subject to all the responsibilities of the chair.
4.3. Second Vice-Chair. During the absence, disability, or disqualification of the chair and first vice-chair, or at the request of the chair, the second vice-chair shall exercise or perform all the duties and be subject to all the responsibilities of the chair.
4.4. The recording secretary shall:
4.4.1.  Keep the minutes of all meetings of the commission in an appropriate minute book.
4.4.2.  Give or serve all notices required by law.
4.4.3.  Prepare the agenda for all meetings of the commission.
4.4.4.  Be custodian of commission records.
4.4.5.  Inform the commission of correspondence relating to business of the commission and attend to such correspondence.
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5. Scheduling Council Matters. Matters referred to the commission by the city council shall be placed on the calendar for consideration and action at the first meeting of the commission after such reference.
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6. Rules of Order.
6.1 Robert's Rules of Order shall generally govern the commission in all cases not otherwise provided for by these rules by ordinance or by state law. Failure to strictly follow Robert's Rules of Order shall not be cause to void or otherwise disturb a decision or action of the commission.
6.2 The commission may set time limits for speakers, providing equal opportunity for opponents and proponents, while enabling the commission to finish business scheduled before the commission. The chair may set the order of speakers and changes to agenda order as needed to conduct business before the commission.
6.3 Reconsideration. The commission may reconsider matters brought before the commission as set forth below.
a. The staff liaison, applicant or any interested party may request reconsideration of the vote after the public record has been closed, but prior to adoption of the final order (findings, conclusions and order) by providing evidence to the community development director that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the director, might affect the decision before the commission. Failure of an issue to be raised in a hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the commission an opportunity to respond to the issue precludes a reconsideration request.
i.   Such request shall be at least fifteen (15) days prior to the commission's next regular meeting.
ii.  If the director is satisfied that an error occurred crucial to the decision, the director shall schedule reconsideration with notice to participants of the matter before the commission. Reconsideration shall be scheduled before the commission at the next regularly scheduled meeting.
iii. The commission shall first decide, by motion, whether to reconsider the matter and if so, the limits of reconsideration and testimony. Unless agreed to by a majority, reconsideration shall be limited to the portion of the decision affected by the facts not raised during the open public hearing and record.
iv.  Regardless of who files the request for reconsideration, if the applicant has not consented to an extension of the time limits (120 day rule) as necessary to render a decision on the reconsideration, the reconsideration shall be denied by the director.
b. Any member of the commission who voted in favor of the decision may move to reconsider the decision at the next regular scheduled meeting. If the motion is seconded the commission shall vote on whether to reconsider. If the commission votes to reconsider, the process outlined in 6.3a.iii above shall be followed.
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7. Procedure. Hearings shall be conducted as set forth in Ashland Municipal Code and Oregon Law, and the commission shall adopt and make available to the public the City of Ashland Public Hearings Format for Land Use Hearings as adopted by the commission.
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8. Hearings Board. The conduct of the Hearings Board shall be governed by applicable sections of these rules, specifically, sections 6, 7, 9, 10 and 11.
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9. Voting. Voting on quasi-judicial matters shall be by roll call vote and the order of voting shall be rotated. Voting on other matters may occur by voice vote unless an oral vote is requested by the commission.
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10. Public Disclosure. Any member of the commission who has a conflict of interest or a bias on any matter that is on the commission agenda shall voluntarily excuse themselves, vacate the member's seat and refrain from discussing and voting on such items as a commissioner.
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11. Absence at Hearing. Except as provided below, only those members of the commission present at the hearing may act on a planning action. Any commissioner absent for any part of the hearing on an action may act if the commissioner reviews the record of the hearing and all of the documents submitted at the hearing(s) prior to participating in any deliberations or decisions.
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12. Notification of Absence. Each member of the commission who knows that the member will not be able to attend a scheduled meeting of the commission shall notify the Community Development Director at the earliest possible opportunity. The Community Development Director shall notify the chair of the commission in the event that the projected absences will produce a lack of quorum.
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13. Vacancy. The vice-chair shall succeed the chair if the chair vacates the office before the term in completed. The vice-chair shall serve the unexpired term of the vacated office. A new vice-chair shall be elected at the next regular meeting.
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14. Amendments. These rules may be amended at any meeting of the commission by a majority of the commission, provided that the text of a proposed rule change and scheduled consideration date is announced at a commission meeting at least fourteen (14) days prior to the meeting where the rule change is to be considered, and provided further that notice of such proposed amendment is given each member in writing at least fourteen (14) days prior to the meeting.

Adopted by the Planning Commission on the 13th day of May, 2008.

John Stromberg, Chair
Ashland Planning Commission


1Section 2.12.050 of the Ashland Municipal Code authorizes the Commission to adopt rules for its government and procedure, consistent with the laws of the state. These rules are adopted under such authority.

 

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