For more information about the specific responsibilities and duties of the Plan Commission please refer to the City of Sandwich Municipal Code Section 98-256.
Members of the Plan Commission meet on the Second Tuesday of the month at 6:30 p.m.
Sec. 98-256. Plan commission.
(a) Jurisdiction. The plan commission of the city, which has been duly established, is the plan commission referred to in this chapter, and shall have the following duties under this chapter:
(1) To hear all applications for amendments and special uses and thereafter submit reports of findings and recommendations to the city council in the manner prescribed in this section for amendments and special uses;
(2) To initiate, direct, and review, from time to time, studies of the provisions of this chapter, and to make reports of its recommendations to the city council not less frequently than once each year; and
(3) To hear and decide all matters upon which it is required to consider under this chapter.
(b) Meetings and rules. All meetings of the plan commission shall be held at the call of the chairperson, and at such time as the plan commission may determine. All hearings conducted by said plan commission under this chapter shall be in accordance with state statutes. In all proceedings of the plan commission provided for in this chapter, the chairperson, and in the chairperson's absence the vice chairperson, shall have the power to administer oaths. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The secretary of the plan commission shall keep minutes of its proceedings, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment and special use, and every recommendation, order, requirement, decision, or determination of the plan commission under this chapter shall be filed in the office of the city clerk and shall be a public record. The plan commission may adopt its own rules and procedures, not in conflict with this chapter or with applicable state statutes.
(c) Amendments.
(1) Authority. The regulations imposed and the districts created under the authority of this chapter may be amended from time to time, by ordinance in accordance with applicable statutes of the state. An amendment to this chapter or the zoning district boundary lines shall be granted or denied by the city council only after public hearing before the plan commission and a report of its findings and recommendations has been submitted to the city council.
(2) Initiation. Amendments may be proposed by the city council, the plan commission, the zoning board of appeals, other governmental bodies, or any resident of or any owner of property within the jurisdictional limits of this chapter.
(3) Processing.
a. An application for amendment shall be filed with the city clerk. The city clerk shall forward such application to the plan commission for processing in accordance with applicable statutes of the state and the provisions of this chapter.
b. Notice shall be given of the time and place of the public hearing, published at least once, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers with a general circulation within the city; and a written notice by the petitioner shall be made, by certified return receipt mail at least 15 days before the hearing, on the owners of the properties located within 250 feet of the location for which the variation is requested.
(4) Protests. In the case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley or street there from, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds of the aldermen of the city then holding office. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendments and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.
(5) Decisions. The city council, upon report of the plan commission, and without further public hearing, may make, grant, or deny any proposed amendment in accordance with applicable statutes of the state, or may refer it back to the plan commission for further consideration.
(d) Special uses.
(1) Purpose. The development and execution of this chapter is based upon the division of the city into zoning districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Such special uses fall into two categories:
a. Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest.
b. Uses entirely private in character, but of such nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(2) Authority. Special uses shall be authorized or denied by the city council in accordance with the provisions set forth in this chapter for special uses. No application for a special use shall be acted upon by the city council until after:
a. A written report is prepared and forwarded to the city council by the plan commission in a manner prescribed herein for amendments to this chapter; and
b. A public hearing has been held by the plan commission after due notice by publication as prescribed herein, for amendments, and the findings and recommendations of the plan commission have been reported to the city council.
(3) Initiation. An application for a special use may be made by any person, firm or corporation, or by an office, department, board, bureau, or commission requesting or intending to request a building permit or occupancy certificate.
(4) Processing.
a. An application for a special use, in such form and accompanied by such information as shall be established from time to time by the plan commission, shall be filed with the city clerk, and therefore processed in the manner prescribed heretofore for applications and amendments.
b. Notice shall be given of the time and place of the public hearing, published at least once, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers with a general circulation within the city; and a written notice by the petitioner shall be made, by certified return receipt mail at least 15 days before the hearing, on the owners of the properties located within 250 feet of the location for which the special use is requested.
c. The plan commission shall hold the public hearing and forward its recommendations in the form of a written report, to the city council within 30 days following the date of public hearing on each application, unless it is withdrawn by the petitioner:
1. That the proposed use at that particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community.
2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or be injurious to property values or improvement in the vicinity.
3. That the proposed use will comply with the regulations and conditions specified in this chapter for such use, and with the stipulation and conditions made a part of the authorization granted by the city council.
(5) Protests. In the case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds of all of the council of the city. Any proposed amendment which fails to receive the approval of a majority of the plan commission members and is so reported, shall not be passed by the city council except by a favorable vote of two-thirds of all the aldermen holding offices of the city.
(6) Decisions The city council, upon report of the plan commission and without further public hearing, may grant or deny any proposed special use in accordance with applicable statutes of the state or may refer it back to the plan commission for further consideration.
(Ord. No. 2001-26, § 1(6-2), 10-8-2001; Ord. No. 2005-20, § 2(6-2), 9-12-2005)