There shall be a city plan commission consisting of seven members
appointed by the board of aldermen, one of whom shall be the city
manager or an administrative officer of the city designated by him,
and another of whom shall be a member of the board of aldermen. The
other five 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 years, except
that of the members first appointed, two shall be appointed to serve
for one year, two for two years, and one for three 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.
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,
and spaces, together with the general location of public buildings
and other public property, public utilities, and the extent and location
of any blighted area redevelopment projects. 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
each 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.
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.
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. For at least seven 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 public places, two of which shall be upon the property
which would be affected by the proposed change in the zoning ordinance.
At least ten 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 one hundred and eighty-five 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 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 publication shall be at least fifteen
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.
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.
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 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.
All plats of proposed subdivisions or resubdivisions presented
to the board of aldermen for approval shall be submitted to the city
plan commission, which shall make recommendations to the board of
aldermen with respect thereto. No building permits shall be issued
in any approved subdivision or resubdivision until adequate streets,
sewers, and water mains have been provided, or adequate security given
to guarantee their construction.
There shall be a board of adjustment, appointed by the board
of aldermen as required by law. The board shall have such powers and
duties as are provided by law and ordinance.