[Ord. No. 1401 §1, 1-31-1963]
There shall be a City Plan Commission consisting of eight (8)
members, three (3) of whom shall be the City Manager, the Director
of Public Works, and the Director of the Fire Department, who shall
act in an advisory capacity only and have no voting powers. One (1)
of the members shall be a Councilman selected by the Council. The
other four (4) members shall be registered voters of the City, shall
have resided therein for at least two (2) years immediately prior
to their appointment, and hold no other office or position in the
City Government. They shall be appointed by the Council for terms
of four (4) years. The present members of the Commission who are registered
voters and have been heretofore appointed shall retain their office
for their respective terms. Vacancies shall be filled by the Council
for the unexpired term. The Commission shall elect its Chairman annually
from the four (4) appointed members.
The City Plan Commission shall have the authority to prepare
and adopt an official master plan of the City for the purpose of bringing
about the orderly and coordinated physical development of the City
in accordance with its present and future needs. Such official master
plan may include, among other things, the general location, character
and extent of streets, alleys, bridges, parks, parkways, watercourses,
playgrounds, public buildings, and public utilities. The Commission
may modify such plan from time to time as it deems in the City's
best interest.
After the adoption of the official master plan, an attested
copy shall be certified to the Council.
From and after the adoption of the official master plan and
its certification to the Council, no ordinance for the construction
or authorization of any street, alley, park, or other public way,
bridge, public building or structure, or public utility whether publicly
or privately owned, or for the acquisition or disposal of real property
by the City, or for the widening, narrowing, or vacation of any street,
alley, or other public way shall be passed by the Council until the
proposed ordinance shall have been submitted to the City Plan Commission,
and its written approval or disapproval received. The failure of the
Commission to act within thirty (30) days after the date of submission
shall be deemed approval. The recommendations of the Commission shall
be deemed advisory only and shall not be binding on the Council.
[Ord. No. 1639 §1, 1-2-1968]
The City Plan Commission shall also act as the Zoning Commission
and shall have authority to recommend to the Council changes in or
a general revision of the comprehensive zoning ordinance of the City.
The Council shall act on no application or proposal for amendment,
modification, or revision of the zoning ordinance until such application
or proposal has first been referred to the City Plan Commission for
its recommendations thereon. The Commission shall return its findings
and recommendations within sixty (60) days after the date of submission
unless an extension of time is granted by the Council.
The recommendations of the Commission shall not be binding on
the Council which may approve or disapprove the Commission's
findings, provided however, that the affirmative vote of five (5)
members of the Council shall be required to adopt any amendment, modification,
resolution, findings, revision or ordinance contrary to the recommendations
of the Commission.
No modification, amendment or revision of the zoning ordinance
shall become effective unless and until a public hearing in relation
thereto has been held by the Council.
The Council shall cause notice of the time, place, and purpose
of such hearing to be published in two (2) consecutive issues of a
newspaper of general circulation in the City, the first (1st) notice
of which shall be published at least fifteen (15) days prior to the
date of the hearing, and shall, in addition, cause similar notices
to be prominently posted at least fifteen (15) days prior to the hearing
in no less than ten (10) places in the City. Five (5) or more of said
notices shall be posted in the immediate vicinity of the property
which would be affected by the proposed change. The provisions pertaining
to public protests against changes in the zoning ordinance as provided
by State law for all incorporated cities, towns, and villages situated
in counties having a population of ten thousand (10,000) or more inhabitants,
shall be applicable.
All plats of proposed subdivisions or re-subdivisions presented
to the Council for approval shall be submitted to the City Plan Commission
for its recommendations, which shall be of an advisory nature only
and not binding on the Council. The failure of the Commission to act
within twenty (20) days on the submission of such plats shall be deemed
approval.
No building permits shall be issued in any approved subdivision
or re-subdivision until adequate streets, sewers, water mains, and
such other facilities as required by ordinance have been provided,
or adequate security given to guarantee their construction.
There shall be a Board of Adjustment, appointed by the Council
as required by law. The Board shall have such powers and duties as
are provided by law and ordinance.
