[R.O. 2007 § 400.050; CC 1979 § 2-28; Ord. No. 79 § 5, 9-27-1971]
The Planning Commission shall make,
adopt and from time to time amend if necessary 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; and 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.
[R.O. 2007 § 400.060; CC 1979 § 2-29; Ord. No. 79 § 6, 9-27-1971]
In preparation of the City Plan,
the Planning 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. 2007 § 400.070; CC 1979 § 2-30; Ord. No. 79 § 7, 9-27-1971]
The Planning 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 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 shall require a majority vote of the full membership
of the Planning 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. The plan shall be 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 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.
[R.O. 2007 § 400.080; CC 1979 § 2-31; Ord. No. 79 § 8, 9-27-1971]
All public officials shall, upon
request, furnish to the Planning 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.
[R.O. 2007 § 400.090; CC 1979 § 2-32; Ord. No. 79 § 9, 9-27-1971]
Whenever the Planning Commission
adopts the City Plan or any part thereof, no street or other public
facility and 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 Commission. In case of disapproval, the Commission shall
communicate its reasons to the Board of Aldermen. The Board of Aldermen,
by vote of not less than two-thirds (2/3) of its entire membership,
may overrule the disapproval, and upon the overruling, the Board of
Aldermen or the appropriate Board or officer may proceed; except,
that if the public facility or utility is one the authorization or
financing of which does not fall within the province of the Board
of Aldermen, the submission to the Planning Commission shall be by
the Board having jurisdiction, and the Planning Commission's disapproval
may be overruled by that Board by a vote of not less than two-thirds
(2/3) of its entire membership. 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.
[R.O. 2007 § 400.100; CC 1979 § 2-34; Ord. No. 79 § 12, 9-27-1971]
Before adoption of any subdivision
regulations or any amendment thereof by the Board of Aldermen, a duly
advertised public hearing thereon shall be held by the Board of Aldermen.
[R.O. 2007 § 400.110; CC 1979 § 2-35; Ord. No. 79 § 16, 9-27-1971]
Upon the adoption of a major street
plan and subdivision regulations, the City shall not accept, lay out,
open, improve, grade, pave or light any street, or lay or authorize
the laying of water mains, sewers, connections or other utilities
in any street within the City, 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 Board of Aldermen
or the Planning Commission, or on a street plan made by and adopted
by the Commission. The Board of Aldermen 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 thereof 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 Board of Aldermen.
[R.O. 2007 § 400.120; CC 1979 § 2-36; Ord. No. 79 § 17, 9-27-1971]
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 Planning
Commission, unless the street giving access to the lot upon which
the building is proposed to be placed conforms to the requirements
described in this Article.
