Planning Commision

   
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  Michael Stephens Rob Kayton Katrina Jones  
  Ty Bellamy Erin Blalock Pat Nobles  
  H.G. Worley Jr.      
         
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Sec. 18-1. Authority and establishment of the North Myrtle Beach Planning Commission.
Pursuant to the authority conferred by Chapter 29 of Title 6 of the South Carolina Code of Laws, 1976, and in order to guide and accomplish the coordinated and harmonious development of the city which will, in accordance with the existing and future needs, best promote the public health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development, the North Myrtle Beach Planning Commission is hereby created and established.
(Ord. No. 94-32, 10-17-94)

Sec. 18-2. Membership, terms, vacancies, removal.
(a)   Membership, qualifications.  The planning commission shall consist of seven (7) members, to be appointed by city council. Members shall reside within the city and none of the members shall hold any other city office or position, or elected public office in the city or county.
(b)   Representation.  Planning commission members shall represent a broad cross section of the interests and concerns within the city. In its appointment of members, city council shall consider their professional expertise, knowledge of the community, and concern for the future welfare of the total community and its citizens.
(c)   Terms.  The term of office of the planning commission members shall be four (4) years. Members shall continue to serve until their successors have been appointed. Planning commissioners shall not be appointed to serve a period of more than eight (8) consecutive years.
(d)   Reappointment.  No member who has served eight (8) consecutive years on this commission or any other planning and zoning commission may be reappointed until two (2) years have elapsed from the time last served.
(e)   Filling vacancies.  All vacancies in membership shall be filled for the unexpired term, in the same manner as the original appointment.
(f)   Forfeiture of office.  Failure to attend three (3) consecutive regular and/or special meetings, or failure to attend four (4) consecutive workshops, shall be considered automatic forfeiture of membership on the planning commission, except if said meetings or workshops occur within a period of thirty (30) days. Upon such forfeiture, forfeiture by other means, or other vacancies occurring in office, the chairman shall inform the city council as promptly as possible, so that the city council may appoint a replacement to fill out the unexpired term.
(g)   Removal of members.  The city council may remove any member of the planning commission for cause.
(Ord. No. 94-32, 10-17-94; Ord. No. 97-42, § 1, 12-1-97; Ord. No. 02-17, § 1, 5-20-02)

Sec. 18-3. Officers.
(a)   The planning commission shall annually, at the first regular meeting in January, elect a chairman and a vice-chairman who shall be acting chairman in the absence of the chairman.
(b)   The chairman, or in such officer's absence, the vice-chairman, shall preside at all meetings and hearings of the commission and decide all points of order and procedure. The chairman, with the consent of the commission, shall appoint any committees that may be required or be found necessary.
(c)   A secretary, who need not be a member of the commission, shall be designated by the commission. The secretary shall keep a record of the minutes, recording attendance, the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and records of examinations and hearings and other official actions.
(Ord. No. 94-32, 10-17-94)

Sec. 18-4. Meetings.
(a)   Regular meetings.  The regular meetings of the commission shall be held at the call of the chairman and such times as the chairman or commission may determine. Rules governing the conduct of commission meetings shall be as stated in section 18-5(b).
(b)   Special meetings.  Special meetings may be called by the chairman and at such times as a majority of the commission determines, provided that at least twenty-four (24) hours' notice of such meeting is given each member, news media and general public.
(c)   Adjournment of meetings.  The commission may adjourn a regular meeting if all business cannot be disposed of on the day set, and no further public notice shall be necessary for such a meeting if the time and place of its resumption are stated at the time of adjournment and neither is changed after adjournment.
(d)   Workshops.  The planning commission may periodically hold workshops to discuss issues and general policies and procedures to determine the necessity for future action. Workshop times are to be established by consent of the majority of commission members. No formal action shall be taken at the workshop. Workshop sessions shall be open for public observation.
(Ord. No. 94-32, 10-17-94; Ord. No. 97-42, § 2, 12-1-97)

Sec. 18-5. Quorum and voting.
(a)   Quorum.  A quorum shall consist of four (4) members. A quorum is necessary for the commission to take official action. All actions of the commission shall be taken by majority vote, a quorum being present.
(b)   Conduct of meetings.  Since the planning commission serves in an advisory capacity to the city council, it need not conduct its meetings in strict accordance with parliamentary procedures. However, it shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas. The planning commission shall adopt rules of procedure that will govern the conduct of their meetings. All meetings of the commission shall be open to the public, although the commission may enter into executive session in accordance with applicable state law.
(Ord. No. 94-32, 10-17-94; Ord. No. 05-22, § 1, 5-2-05)

Sec. 18-6. Representation of others; personal interest.
Neither the secretary nor any member of the commission, shall appear for or represent any person in any matter pending before the commission. No member of the commission shall hear or vote on a matter, which would substantially affect directly his personal financial interest or those of a member of his household, or business with which he is associated.
(Ord. No. 94-32, 10-17-94)

Sec. 18-7. Powers and duties of the planning commission.
All activities, powers, duties, and responsibilities of the planning commission shall be consistent with the procedures and requirements of Chapter 29 of Title 6 of the SC Code of Laws, 1976.
Generally, it shall be the function and duty of the planning commission to undertake a continuing planning program for the physical, social, and economic growth, development, and redevelopment of the area within the city. The plans and programs must be designed to promote public health, safety, moral, convenience, prosperity, or the general welfare as well as the efficiency and economy of the city. Specific planning elements must be based upon careful and comprehensive surveys and studies of existing conditions and probable future development and include recommended means of implementation. In the discharge of its responsibilities, the planning commission has the power and duty to:
(1)   Prepare and revise periodically plans and programs for the development and redevelopment of the city; and
(2)   Prepare and recommend for adoption to the appropriate governing authority or authorities as a means for implementing the plans and programs:
a.   Zoning ordinances to include zoning district maps and appropriate revisions thereof;
b.   Regulations for the subdivision or development of land and appropriate revisions thereof, and to oversee the administration of the regulations that may be adopted;
c.   An official map and appropriate revision on it showing the exact location of existing or proposed public street, highway, and utility rights-of-way, and public building sites, together with regulations to control the erection of buildings or other structures or changes in land use within the rights-of-way, building sites, or open spaces within the city or a specified portion of it;
d.   A landscaping ordinance setting forth required planting, tree preservation, and other aesthetic considerations for land and structures;
e.   A capital improvements program setting forth projects required to implement plans which have been prepared and adopted, including an annual listing of priority projects for consideration by city council prior to preparation of the capital budget; and
f.   Policies or procedures to facilitate implementation of planning elements.
(3)   Make, publish and distribute maps, plans and reports and recommendations relating to the plans and programs and the development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work.
(4)   With the consent of the property owner or after ten (10) day's written notification of the owner of record, enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon; provided, however, that the planning commission shall be liable for any injury or damage to property resulting therefrom. In general, the planning commission shall have such powers as may be necessary to enable it to perform its functions and promote the planning of the city.
(5)   Act on any matters or class of matters which are referred to them by the city council or the city manager, provided that no final action shall be taken on these matters until the commission has submitted a report thereon or has had a reasonable time to submit a report.
(6)   Review and comment as to the compatibility with the comprehensive plan, the location, character and extent of the construction of new streets, squares, parks or other public ways, grounds, or open space or public buildings, structures, or public utilities, whether publicly or privately owned.
(7)   Cooperate with federal, state or local governments, including those of other states, public or semipublic agencies or private individuals or corporations; it may carry out such cooperative undertakings as it deems necessary.
(8)   Approve and authorize the name of any street or road laid out within the city.
(9)   For good and just reason, change the name of any street within the city, after public hearing, by executing a certificate designating the change, which must be recorded in the office of the register of menses conveyances.
(10)   Submit monthly reports to the city council on activities of the commission and advise the city council of the progress in accomplishing commission goals.
(11)   Perform any other duties as assigned by council.
(12)   Perform any other duties authorized by Chapter 29 of Title 6 of the South Carolina Code of Laws, 1976.
(Ord. No. 94-32, 10-17-94)

Sec. 18-8. Special committees.
Special committees or task forces may be established to act on special matters referred to them by the planning commission and, unless otherwise instructed, shall cease to exist after reporting on matters referred to them, but in no case, shall be in existence in excess of three (3) months. Special committees act in advisory capacity only, and do not have final authority in any matters. All recommendations made by the special committees shall be acted upon by the full planning commission.
(Ord. No. 94-32, 10-17-94)

Sec. 18-9. Comprehensive plan adopted.
(a)   Pursuant to Chapter 29 of Title 6 of the South Carolina Code of Laws, 1976, the comprehensive plan for the City of North Myrtle Beach, South Carolina is adopted.
(b)   The comprehensive plan as adopted shall serve as an advisory document intended to guide decisions of the planning commission and city council with regard to future growth and development of the City of North Myrtle Beach.
(c)   The planning commission has adopted a resolution recommending adoption of the comprehensive plan and transmitted a copy of the recommended plan to city council and other legislative and administrative agencies affected by the plan.
(d)   The planning commission and city council have held public hearings and provided notice in accordance with applicable state statutes and city ordinances.
(Ord. No. 05-20, §§ 1--4, 5-2-05)
Editor's note:  Ord. No. 05-20, §§ 1--4, adopted May 2, 2005, did not expressly amend the Code; hence, inclusion of its provisions as § 18-9 herein was at the editor's discretion.