Article I Planning and Zoning Commission — In General
Article II City Plan
[R.O. 2010 §410.010; CC 1975 §2901.003; 1st Ser. Ord. No. 301 §1, 8-7-1961]
There is hereby created a commission to be known as the City Planning and Zoning Commission.
The Planning and Zoning Commission of the City of Owensville shall consist of not more than fifteen (15) nor less than seven (7) members, including:
The Mayor, if the Mayor chooses to be a member;
A member of the Board of Aldermen selected by the Board, if the Board of Aldermen chooses to have a member serve on the Commission; and
Not more than fifteen (15) nor less than five (5) citizens appointed by the Mayor and approved by the Board of Aldermen.
[R.O. 2010 §410.030; CC 1975 §2901.023; 1st Ser. Ord. No. 301 §1, 8-7-1961]
The terms of the ex-officio officers shall correspond to their respective official tenures. The term of each appointed member shall be four (4) years or until his/her successor takes office except that the terms of the five (5) members first appointed shall be as follows: One (1) member for term of two (2) years, two (2) members for terms of three (3) years and two (2) members for terms of four (4) years.
[R.O. 2010 §410.040; CC 1975 §2901.025; 1st Ser. Ord. No. 301 §1, 8-7-1961]
All members of the Commission shall serve as such without compensation.
[R.O. 2010 §410.050; CC 1975 §2901.027; 1st Ser. Ord. No. 301 §1, 8-7-1961]
Vacancies occurring otherwise than through the expiration of a term, shall be filed for the unexpired term by appointment.
[R.O. 2010 §410.060; CC 1975 §2901.029; 1st Ser. Ord. No. 301 §1, 8-7-1961]
The Board of Aldermen may remove any citizen member for cause stated in writing and after public hearing.
[R.O. 2010 §410.070; CC 1975 §2901.041; 1st Ser. Ord. No. 301 §2, 8-7-1961]
The Commission shall elect its Chairman and Secretary from among the citizen members. The term of Chairman and Secretary shall be for one (1) year with eligibility for reelection.
[R.O. 2010 §410.080; 2nd Ser. Ord. No. 83 §2, 6-5-1978]
The Commission shall schedule at least one (1) regular meeting each month. The Commission may also hold such additional special meetings as may be necessary or convenient for the transaction of its business. Said special meetings may be called at the request of any two (2) members of the Commission upon written notice being given to each member of the Commission of the date, time and place of said special meeting or upon waiver of said notice signed by each Commission member. For all special meetings, whether called by notice or upon waivers, sufficient and reasonable notice must be given to all interested persons and the public by publication in a local paper at least one time at least five (5) days prior to date of said meeting and said publication shall set forth the date, place and time of said meeting and the business to be transacted at said meeting. The Commission shall adopt rules for the transaction of its business.
[R.O. 2010 §410.090; CC 1975 §2901.045; 1st Ser. Ord. No. 301 §2, 8-7-1961]
The Commission shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.
[R.O. 2010 §410.100; CC 1975 §2901.47; 1st Ser. Ord. No. 301 §3, 8-7-1961]
The Commission may appoint such employees as it may deem necessary for its work. The Commission may also contract with City planners, engineers, architects and other consultants for such services as it may require, provided that an appropriation has been made authorizing payment for such services.
[R.O. 2010 §410.110; CC 1975 §2901.061; 1st Ser. Ord. No. 301 §6, 8-7-1961]
In general, the Commission shall have such powers as may be necessary to enable it to fulfill its functions, promote City planning, and carry out the purposes of this Act.
[R.O. 2010 §410.120; CC 1975 §2901.063; 1st Ser. Ord. No. 301 §§4, 6, 8-7-1961]
It shall be the function and duty of the Commission to make and adopt a Comprehensive Plan for the physical development of the City.
The Commission shall, from time to time, recommend to the appropriate Public Officials programs for public structures and improvements and for the financing thereof. It shall be part of its duty to consult with Public Officials and agencies, public utility companies, civic, educational professional and other organizations, and with citizens with relation to the protecting and carrying out of the plans.
[R.O. 2010 §410.130; CC 1975 §2901.065; 1st Ser. Ord. No. 301 §6, 8-7-1961]
All Public Officials shall, upon request, furnish to the Commission within a reasonable time all available information as it shall require for its work.
[R.O. 2010 §410.140; CC 1975 §2901.067; 1st Ser. Ord. No. 301 §6, 8-7-1961]
The Commission, its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and markers thereon.
[R.O. 2010 §410.150; CC 1975 §2901.069; 1st Ser. Ord. No. 301 §6, 8-7-1961]
The Commission shall have the right to accept and use gifts for the exercise of its functions.
[R.O. 2010 §410.160; CC 1975 §2901.081; 1st Ser. Ord. No. 301 §4, 8-7-1961]
Such Plan, with the accompanying maps, plats, charts and descriptive matter, shall show the Commission's recommendations for the redevelopment of said area, including, among other things, the general location, character and extent of streets, viaducts, bridges, waterways, water fronts, boulevards, highways, parkways, playgrounds, squares, parks, air fields and other public ways, grounds and open spaces, the general location of public buildings and other public property, and the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power and other purposes; also the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing ways, grounds, open spaces, buildings, property, utilities or terminals; as well as a zoning plan for the control of the height, area, bulk, location and use of buildings and premises and of population density; the general location, character, layout and extent of community centers and neighborhood units; and the general character, extent and layout of the replanning of blighted districts and slum areas and the establishment of fire zones.
[R.O. 2010 §410.170; CC 1975 §2901.085; 1st Ser. Ord. No. 301 §5, 8-7-1961]
In the preparation of such Plan, the Commission shall make careful comprehensive surveys and studies of present conditions and the future growth of the City, with due regard to its relation to neighboring territory. The Plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the City which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provisions of light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design arrangement, wise and efficient expenditure of public funds, and the adequate provisions of public utilities and other public requirements.
[R.O. 2010 §410.180]
The Commission may adopt the plan as a whole by a single Resolution, or, as the work of making the whole City plan progresses, may from time to time adopt a part or parts thereof, any part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. Before the adoption, amendment or extension of the plan or portion thereof the Commission shall hold at least one (1) public hearing thereon. Fifteen (15) days' notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the Municipality. The hearing may be adjourned from time to time. The adoption of the plan requires a majority vote of the full membership of the Planning and Zoning Commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the Commission to form the whole or part of the plan and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the Secretary of the Commission and filed in the office of the Commission, identified properly by file number, and a copy of the plan or part thereof shall be certified to the Board of Aldermen and the City Clerk, and a copy shall be available in the office of the County Recorder of Deeds and shall be available at the City Clerk's office for public inspection during normal office hours.