[Ord. No. 1401 §1, 1-31-1963]
There shall be a City Plan Commission consisting of eight (8) members, three (3) of whom shall be the City Manager, the Director of Public Works, and the Director of the Fire Department, who shall act in an advisory capacity only and have no voting powers. One (1) of the members shall be a Councilman selected by the Council. The other four (4) members shall be registered voters of the City, shall have resided therein for at least two (2) years immediately prior to their appointment, and hold no other office or position in the City Government. They shall be appointed by the Council for terms of four (4) years. The present members of the Commission who are registered voters and have been heretofore appointed shall retain their office for their respective terms. Vacancies shall be filled by the Council for the unexpired term. The Commission shall elect its Chairman annually from the four (4) appointed members.
The City Plan Commission shall have the authority to prepare and adopt an official master plan of the City for the purpose of bringing about the orderly and coordinated physical development of the City in accordance with its present and future needs. Such official master plan may include, among other things, the general location, character and extent of streets, alleys, bridges, parks, parkways, watercourses, playgrounds, public buildings, and public utilities. The Commission may modify such plan from time to time as it deems in the City's best interest.
After the adoption of the official master plan, an attested copy shall be certified to the Council.
From and after the adoption of the official master plan and its certification to the Council, no ordinance for the construction or authorization of any street, alley, park, or other public way, bridge, public building or structure, or public utility whether publicly or privately owned, or for the acquisition or disposal of real property by the City, or for the widening, narrowing, or vacation of any street, alley, or other public way shall be passed by the Council until the proposed ordinance shall have been submitted to the City Plan Commission, and its written approval or disapproval received. The failure of the Commission to act within thirty (30) days after the date of submission shall be deemed approval. The recommendations of the Commission shall be deemed advisory only and shall not be binding on the Council.
[Ord. No. 1639 §1, 1-2-1968]
The City Plan Commission shall also act as the Zoning Commission and shall have authority to recommend to the Council changes in or a general revision of the comprehensive zoning ordinance of the City. The Council shall act on no application or proposal for amendment, modification, or revision of the zoning ordinance until such application or proposal has first been referred to the City Plan Commission for its recommendations thereon. The Commission shall return its findings and recommendations within sixty (60) days after the date of submission unless an extension of time is granted by the Council.
The recommendations of the Commission shall not be binding on the Council which may approve or disapprove the Commission's findings, provided however, that the affirmative vote of five (5) members of the Council shall be required to adopt any amendment, modification, resolution, findings, revision or ordinance contrary to the recommendations of the Commission.
No modification, amendment or revision of the zoning ordinance shall become effective unless and until a public hearing in relation thereto has been held by the Council.
The Council shall cause notice of the time, place, and purpose of such hearing to be published in two (2) consecutive issues of a newspaper of general circulation in the City, the first (1st) notice of which shall be published at least fifteen (15) days prior to the date of the hearing, and shall, in addition, cause similar notices to be prominently posted at least fifteen (15) days prior to the hearing in no less than ten (10) places in the City. Five (5) or more of said notices shall be posted in the immediate vicinity of the property which would be affected by the proposed change. The provisions pertaining to public protests against changes in the zoning ordinance as provided by State law for all incorporated cities, towns, and villages situated in counties having a population of ten thousand (10,000) or more inhabitants, shall be applicable.
All plats of proposed subdivisions or re-subdivisions presented to the Council for approval shall be submitted to the City Plan Commission for its recommendations, which shall be of an advisory nature only and not binding on the Council. The failure of the Commission to act within twenty (20) days on the submission of such plats shall be deemed approval.
No building permits shall be issued in any approved subdivision or re-subdivision until adequate streets, sewers, water mains, and such other facilities as required by ordinance have been provided, or adequate security given to guarantee their construction.
There shall be a Board of Adjustment, appointed by the Council as required by law. The Board shall have such powers and duties as are provided by law and ordinance.