[CC 1970 §§2-6—2-8; CC 1947 §§9-1,
9-3, 9-5]
A. Established. In order to make adequate provision for and
to stimulate, guide, direct, arrange and beautify the City and the
future development and growth thereof, there is established a City
Plan Commission.
B. Promulgating Rules And Regulations. The City Plan Commission
may provide such rules and regulations not inconsistent with the ordinances
of the City for its own organization and procedure as it may deem
proper.
C. Recommending Legislation. It shall be the duty of the City
Plan Commission to prepare and recommend such national, State and
municipal legislation as may, in its opinion, be deemed necessary
in carrying out the recommendations or suggestions of the Commission.
[Ord. No. 5814 §1(6.1), 4-27-2004]
The Plan Commission is established to advise the Board of Aldermen
on how best to preserve and protect the existing residential and business
community, to provide for, plan, guide and direct the development,
redevelopment and growth of the City and to encourage high standards
of architectural, site and landscape design and to encourage public
participation.
[Ord. No. 5814 §1(6.2), 4-27-2004]
There shall be a City Plan Commission consisting of seven (7)
members appointed by the Board of Aldermen, one (1) of whom shall
be the City Manager or an administrative officer of the City designated
by him/her and another of whom shall be a member of the Board of Aldermen.
The other five (5) members shall be residents of the City qualified
by knowledge or experience to act on questions pertaining to the development
of a City plan, who shall be appointed for terms of three (3) years,
except that of the members first (1st) appointed, two (2) shall be
appointed to serve for one (1) year, two (2) for two (2) years and
one (1) for three (3) years. The Board of Aldermen shall fill vacancies
for any unexpired term. The City Plan Commission shall elect its own
Chairman and other officers annually.
[Ord. No. 5814 §1(6.3), 4-27-2004]
A. The City
Plan Commission shall have the authority and the duty to submit to
the Board of Aldermen for its approval a master plan for the physical
development of the City and shall have the power to employ or consult
professional advisers. The plan shall include, among other things,
the general location, character and extent of streets, bridges, parks,
waterways and other public ways, grounds, places and spaces, together
with the general location of public buildings and other public property,
public utilities and terminals. The Commission shall recommend such
modifications of the master plan, from time to time, as it deems in
the City's interest; and not less frequently than once a year, it
shall submit to the Board of Aldermen a report which shall include
a summary of its activities and statements of its recommendations
for improvements in the master plan. Reports of the Plan Commission
shall be filed in the office of the City Clerk and be open to public
inspection.
B. The City
Plan Commission shall also act as the Zoning Commission with all of
the powers granted to a Zoning Commission by law and shall have the
authority and the duty to submit and recommend to the Board of Aldermen
for enactment into an ordinance a comprehensive plan for the zoning
of the City. The zoning plan shall include regulations as to the location,
height, width and bulk of buildings and other structures and the size
of the yards, courts and other open spaces, including off-street parking
areas surrounding the same, as the Commission shall determine to be
necessary or desirable for the promotion of the health, safety, morals
and general welfare of the inhabitants of the City. The zoning plan
shall also specify the use of such buildings, structures and land
as the Commission shall determine to be necessary or desirable for
the promotion of the health, safety, morals and general welfare of
the inhabitants of the City.
C. The Commission
shall hold a public hearing on each application for amendments, modifications
or revisions of the Zoning Ordinance and shall forward such application
to the Board of Aldermen with its recommendations thereon.
[Ord. No. 5814 §1(6.4), 4-27-2004]
For at least seven (7) days immediately prior to the date of
the public hearing on any proposed amendment, modification or revision,
the Commission shall cause public notices to be maintained in at least
five (5) public places, two (2) of which shall be upon the property
which would be affected by the proposed change in the Zoning Ordinance.
At least ten (10) days prior to such hearing, the Commission shall
mail a written notice to the last known place of abode of the owners
of all property, according to current City tax records, adjacent to
or lying within two hundred (200) feet of all boundaries of the property
under consideration. In addition, the Commission shall cause notice
of the hearing to be published at least two (2) times in a newspaper
printed or published in the City or, if there be no newspaper printed
or published in the City, then in any daily newspaper of general circulation
in the City. The first (1st) publication shall be at least fifteen
(15) days prior to the date of the hearing. All such notices shall
describe briefly the proposed amendment, modification or revision
and indicate the time and place of the hearing. In the event of a
general revision of the Zoning Ordinance, such notices shall not be
required.
[Ord. No. 5814 §1(6.5), 4-27-2004]
A. The Commission
shall have authority to recommend regulations as to size, value and
type of construction of buildings proposed to be erected within the
City. Such regulations shall be made giving consideration to the character
of the district and its peculiar suitability for particular uses and
with a view of conserving the values of buildings and encouraging
the most appropriate use of land throughout the City.
B. The recommendations
of the Commission shall not be binding on the Board of Aldermen, which
may approve or disapprove the Commission's findings. However, the
affirmative vote of five (5) members shall be required to adopt any
amendment, modification or revision contrary to the recommendations
of the Commission and the Board of Aldermen may prescribe by ordinance
a period of time which must elapse before any proposal for amendment,
modification or revision which has been rejected can be resubmitted.
No zoning ordinance or any modification, amendment or revision thereof
shall become effective unless a public hearing has been held by the
Board of Aldermen in relation thereto. Notice of such hearing shall
be given in the manner prescribed by law.
[Ord. No. 5814 §1(6.6), 4-27-2004]
Meetings to consider applications may be held on the regularly
scheduled meeting dates or at any other time deemed necessary by the
Chairperson. All meetings shall be open to the public, unless closed
pursuant to State law. The Plan Commission shall keep a written record
in the form of minutes of each meeting, depicting the discussion of
the Commission and the vote of each member present upon each agenda
item. Absences and failure to vote shall also be noted for the record.
Copies of minutes and materials used by the Plan Commission shall
be kept on file in the office of the Department of Planning and Development
Services. All notification requirements, public meetings and/or hearings
and availability for examination of records related to actions by
the Plan Commission shall conform with existing Federal, State and
local laws.