[Ord. No. 2470, 11-13-2018[1]]
The City Council shall adopt, amend and carry out a City Comprehensive
Plan.
[Ord. No. 2470, 11-13-2018]
The Planning Commission shall make and adopt a City Comprehensive
Plan for the physical development of the City. The City Comprehensive
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, and 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
re-planning of blighted districts and slum areas. The Planning 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.
[Ord. No. 2470, 11-13-2018]
In the preparation of the City Comprehensive 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.
[Ord. No. 2470, 11-13-2018]
The Planning Commission may adopt the City Comprehensive Plan
as a whole by a single resolution, or, as the work of making the whole
City Comprehensive 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.
[Ord. No. 2470, 11-13-2018]
Before the adoption, amendment or extension of the City Comprehensive
Plan or portion thereof, the Planning 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 in the City. The hearing may be adjourned
from time to time.
[Ord. No. 2470, 11-13-2018]
The adoption of the City Comprehensive Plan requires a majority
vote of the full membership of the Planning Commission. The resolution
adopting the City Comprehensive Plan shall refer expressly to the
maps, descriptive matter and other matters intended by the Planning
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 Planning Commission and filed in
the office of the Community Development identified properly by file
number. A copy of the plan or part thereof shall be certified to the
City Council and the City Clerk, and a copy shall be recorded in the
office of the City Clerk.
[Ord. No. 2470, 11-13-2018]
A.
Whenever the Planning Commission adopts a City Comprehensive 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 Planning Commission shall communicate
its reasons to the City Council, and the City Council, by vote of
not less than two-thirds (2/3) of its entire membership, may overrule
the disapproval and, upon the overruling, the City Council or the
appropriate board or officer may proceed, except that if the public
facility or utility is one that the authorization or financing of
which does not fall within the province of the City Council, then
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.
B.
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.
C.
The failure of the Planning Commission to act within sixty (60) days
after the date of official submission to it shall be deemed approval.
[Ord. No. 2470, 11-13-2018]
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, 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 Comprehensive Plan, or unless the street
corresponds in its location and lines with a street shown on a subdivision
plat approved by the City Council or the Planning Commission, or on
a street plan made by and adopted by the Planning Commission. The
City 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 Planning Commission
for its approval and approved by the Planning Commission or, if disapproved
by the Planning Commission, is passed by the affirmative vote of not
less than two-thirds (2/3) of the entire membership of the City Council.
[Ord. No. 2470, 11-13-2018]
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 of Section 400.090.
[Ord. No. 2470, 11-13-2018]
Whenever a plan for major streets has been adopted, the City
Council, upon, recommendation of the Planning 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 City 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 Commission
and adopted by the City Council.
[Ord. No. 2470, 11-13-2018]
No owner or agent of the owner of any land located within the planning jurisdiction of the City, knowingly or with intent to defraud, may transfer, sell, agree to sell or negotiate to sell such land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the City Council or Planning Commission and recorded in the office of the County Recorder. Any person violating the provisions of this Section shall forfeit and pay to the City a penalty as prescribed in Section 100.100 for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. Said penalty shall be set by the City Council. The City may enjoin or vacate the transfer, sale or agreement by legal action and may recover the penalty in such action.
[Ord. No. 2470, 11-13-2018]
Before adoption of any subdivision regulations, or any amendment
thereof by the City Council, a duly advertised public hearing thereof
shall be held by the Planning and Zoning Commission and the City Council.
[Ord. No. 2470, 11-13-2018]
After the Planning Commission adopts a City Comprehensive Plan
which includes at least a major street plan and files a certified
copy of the major street plan in the office of the County Recorder
of Deeds, then no plat of a subdivision of land lying within the City
shall be filed or recorded until it has been submitted to and a report
and recommendation thereon made by the Planning Commission to the
City Council and the City Council has approved the plan as provided
by law.
[Ord. No. 2470, 11-13-2018]
Within sixty (60) days after submission of a subdivision plat
to the Planning Commission, the Planning Commission shall approve
or disapprove the plat. Otherwise the plat is deemed approved by the
Planning Commission, except that the Planning Commission, with the
consent of the applicant for the approval, may extend the sixty-day
period. The ground(s) of disapproval of any plat by the Planning Commission
shall be made a matter of record.
[Ord. No. 2470, 11-13-2018]
The approval of a plat by the Planning Commission shall not
constitute or effect an acceptance by the City or public of the dedication
to public use of any street or other ground shown upon the plat.
