[R.O. 1993 § 405.080; Code 1972 § 25-8;
CC 1988 § 22-51]
The Planning and Zoning Commission shall make and adopt a City
Plan for the development of the City. The City Plan, with the accompanying
maps, plats, charts and descriptive and explanatory matter, shall
show the Commission's recommendations for the physical development
and uses of land, and may include, among other things, the general
location, character and extent of streets and other public ways, grounds,
places and spaces; the general location and extent of public utilities
and terminals, whether publicly or privately owned; the acceptance,
widening, removal, extension, relocation, narrowing, vacation, abandonment
or change of use of any of the foregoing; the general character, extent
and layout of the replanning of blighted districts and slum areas.
[R.O. 1993 § 405.090; Code 1972 § 25-9;
CC 1988 § 22-52]
The City Council shall adopt, amend and carry out the City Plan.
[R.O. 1993 § 405.100; Code 1972, § 25-10;
CC 1988 § 22-53]
In the preparation of the City Plan, the Planning and Zoning
Commission shall make careful and comprehensive surveys and studies
of the existing conditions and probable future growth of the City.
The Plan shall be made with the purpose of guiding and accomplishing
a coordinated development of the City which will, in accordance with
existing and future needs, best promote the general welfare, as well
as efficiency and economy in the process of development.
[R.O. 1993 § 405.110; Code 1972 § 25-11;
CC 1988 § 22-54]
A.
The Planning and Zoning Commission may adopt the City 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 (1) or more of the functional
subdivisions of the subject matter of the plan.
B.
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 City. 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. A copy of the plan or part thereof shall be certified to the
Council 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.
[R.O. 1993 § 405.120; Code 1972 § 25-12;
CC 1988 § 22-55]
A.
Whenever the Planning and Zoning Commission adopts the plan of the
City or any part thereof, no street or other public facilities, or
no public utility, whether publicly or privately owned and the location,
extent and character thereof having been included in the recommendations
and proposals of the plan or portions thereof, shall be constructed
or authorized in the City until the location, extent and character
thereof has been submitted to and approved by the Planning and Zoning
Commission.
B.
In case of disapproval, the Commission shall communicate its reasons
to the Council, and the Council, by vote of not less than two-thirds
(2/3) of its entire membership, may overrule the disapproval and,
upon the overruling, the Council or the appropriate board or officer
may proceed; except, that if the public facility or utility is one
(1) the authorization or financing of which does not fall within the
province of the Council, then the submission to the Planning and Zoning
Commission shall be by the board having jurisdiction, and the Planning
and Zoning Commission's disapproval may be overruled by that
board by a vote of not less than two-thirds (2/3) of its entire membership.
C.
The acceptance, widening, removal, extension, relocation, narrowing,
vacation, abandonment, change of use, acquisition of land for, sale
or lease of any street or other public facility is subject to similar
submission and approval, and the failure to approve may be similarly
overruled. The failure of the Commission to act within sixty (60)
days after the date of official submission to it shall be deemed approval.
