[CC 1999 §21-39; Res. No. L-74 §1, 8-1-1966]
For the purpose of this Article, the word "subdivision" shall mean the division of a parcel of land into two (2) or more
lots or other divisions of land; it includes resubdivision and, when
appropriate to the context, relates to the process of subdividing
or to the land or territory subdivided.
[CC 1999 §21-40; Res. No. L-74 §5, 8-1-1966]
The Planning and Zoning Commission shall make and adopt a City
plan for the physical 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. The Commission shall also prepare a zoning
plan for the regulation of the height, area, bulk, location and use
of private, non-profit and public structures and premises and of population
density.
[CC 1999 §21-41; Res. No. L-74 §6, 8-1-1966]
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 municipality.
The plan shall be made with the purpose of guiding and accomplishing
a coordinated development of the municipality 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.
[CC 1999 §21-42; Res. No. L-74 §8, 8-1-1966]
All public officials shall, upon request, furnish to the Planning
and Zoning Commission within a reasonable time all available information
it requires for its work. The Commission, its members and employees,
in the performance of its functions, may enter upon any land to make
examinations and surveys. In general, the Commission shall have the
power necessary to enable it to perform its functions and promote
municipal planning.
[CC 1999 §21-43; Res. No. L-74 §7, 8-1-1966]
The Planning and Zoning 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 (1) 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 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, and a copy of the
plan or part thereof shall be certified to the Council and the City
Clerk and a copy shall be recorded in the office of the County Record
of Deeds.
[CC 1999 §21-44; Res. No. L-74 §9, 8-1-1966]
Whenever the Commission adopts the plan of the City or any part
thereof, no street, public facilities or public utility, whether publicly
or privately owned, shall be constructed or authorized in the municipality
until the location, extent and character thereof has been submitted
to and approved by the Planning and Zoning Commission. In case of
disapproval, the Commission shall communicate its reasons to the Council
and the Council, by vote or not less than two-thirds (2/3) of its
entire membership, may overrule the disapproval. The failure of the
Commission to act within sixty (60) days after the date of official
submission to it shall be deemed approval.
[CC 1999 §21-63; Res. No. L-74 §16, 8-1-1966]
Upon adoption of a major street plan and subdivision regulations,
the City shall not accept, lay out, open, improve, grade, pave or
light any street, lay or authorize the laying of water mains, sewers,
connections or other utilities in any street within the municipality
unless the street has received the legal status of a public street
prior to the adoption of a City plan; or unless the street corresponds
in its location and lines with a street shown on a subdivision plat
approved by the Council or the Planning and Zoning Commission or on
a street plan made by and adopted by the Commission. The Council may
locate and construct or may accept any other street if the ordinance
or other measure for the location and construction or for the acceptance
is first submitted to the Commission for its approval and approved
by the Commission or, if disapproved by the Commission, is passed
by the affirmative vote of not less than two-thirds (2/3) of the entire
membership of the City Council.
[CC 1999 §21-64; Res. No. L-74 §17, 8-1-1966]
After the adoption of a major street plan, no building permit
shall be issued for and no building shall be erected on any lot within
the territorial jurisdiction of the Commission unless the street giving
access to the lot upon which the building is proposed to be placed
conforms with the requirements above described and meets the design
requirements of any ordinances of the City. No building permit shall
be issued until water and sewer lines have been installed to serve
the lot.
[CC 1999 §21-65; Res. No. L-74 §18, 8-1-1966]
Whenever a plan for major streets has been adopted, the City
Council, upon recommendation of the Planning and Zoning Commission,
is authorized and empowered to establish, regulate and limit and amend,
by ordinance, building or setback lines on major streets and to prohibit
any new building being located within building or setback lines. When
a plan for proposed major streets or other public improvements has
been adopted, the Council may prohibit any new building being located
within the proposed site or right-of-way when the centerline of the
proposed street or the limits of the proposed sites have been carefully
determined and are accurately delineated on maps approved by the Planning
and Zoning Commission and adopted by the Council.