[Code 1974 §430.060; CC 1984 §20-20]
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 City.
The plan shall be made with the general 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 process of development.
[Code 1974 §430.070; CC 1984 §20-21]
The 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 municipality. 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 Municipal Clerk, and a copy shall
be available in the office of the County Recorder of Deeds and shall
be available at the municipal clerk's office for public inspection
during normal office hours.
[Code 1974 §430.080; CC 1984 §20-22]
The Planning and Zoning Commission may make reports and recommendations
relating to the City plan and development of the City to public officials
and agencies, public utility companies, civic, educational, professional
and other organizations and citizens. It may recommend to the executive
or legislative officials of the City programs for public improvements
and the financing thereof. All public officials shall, upon request,
furnish to the 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 City planning.
[Code 1974 §430.090; CC 1984 §20-23]
Whenever the Planning and Zoning Commission adopts the plan
of the City or any part thereof, no street or other public facilities,
or 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
and Zoning Commission. In case of disapproval, the Commission shall
communicate its reasons to the City Council, and the City Council,
by vote of not less than two-thirds (⅔) 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 the authorization or financing of
which does not fall within the province of the City Council, then
the submission to the Planning and Zoning Commission shall be by the
board having jurisdiction, and the Commission's disapproval may be
overruled by that board by a vote of not less than two-thirds (⅔)
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.
[Code 1974 §430.110; CC 1984 §20-24]
When the Planning and Zoning Commission adopts a City plan which
includes at least a major street plan or progresses in its City planning
to the making and adoption of a major street plan, and files a certified
copy of the major street plan in the office of the County Recorder,
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 Commission to the City Council and the City Council
has approved the plat as provided by law.
[CC 1984 §20-25]
A.
The
Planning and Zoning Commission shall recommend and the City Council
may by ordinance adopt regulations governing the subdivision of land
within its jurisdiction. The regulations, in addition to the requirements
provided by law for the approval of plats, may provide requirements
for the coordinated development of the City; for the coordination
of streets within subdivisions with other existing or planned streets
or with other features of the City plan or official map of the City;
for adequate open spaces for traffic, recreation, light and air; and
for a distribution of population and traffic.
B.
The
subdivision regulations may include requirements as to the extent
and the manner in which the streets of the subdivision or any designated
portions thereto shall be graded and improved, as well as including
requirements as to the extent and manner of the installation of all
utility facilities, and compliance with all of these requirements
is a condition precedent to the approval of the plat. The regulations
or practice of the City Council may provide for the tentative approval
of the plat previous to the improvements and installations; but any
tentative approval shall not be entered on the plat. The regulations
may provide that, in lieu of the completion of the work and installations
previous to the final approval of a plat, the Council may accept a
bond in an amount and with surety and conditions satisfactory to it,
providing for and securing the actual construction and installation
of the improvements and utilities within a period specified by the
Council and expressed in the bond; and the Council may enforce the
bond by all appropriate legal and equitable remedies. The regulations
may provide, in lieu of the completion of the work and installations
previous to the final approval of a plat, for an assessment or other
method whereby the Council is put in an assured position to do the
work and make the installations at the cost of the owners of the property
within the subdivision.
C.
The
subdivision regulations may provide for the dedication, reservation
or acquisition of lands and open spaces necessary for public uses
indicated on the City plan and for appropriate means of providing
for the compensation, including reasonable charges against the subdivision,
if any, and over a period of time and in a manner as is in the public
interest.
D.
Before
adoption of its subdivision regulations or any amendment thereof,
a duly advertised public hearing thereon shall be held by the City
Council.
[1]
Editor's Note — Ord. no. 11-2I 84 §1, adopted June
6, 2012, repealed section 400.115 "maintenance bond and maintenance
of improvements" in its entirety. This section has been reserved for
the city's future use.
[Code 1974 §430.120; CC 1984 §20-26]
Within sixty (60) days after the submission of a plat to the
Planning and Zoning Commission, the Commission shall approve or disapprove
the plat; otherwise, the plat is deemed approved by the Commission,
except that the Commission, with the consent of the applicant for
the approval, may extend the sixty (60) day period. The ground of
disapproval of any plat by the Commission shall be made a matter of
record.
[CC 1984 §20-27]
The approval of a plat by the Planning and Zoning Commission
does not constitute or affect an acceptance by the City or public
of the dedication to public use of any street or other ground shown
upon the plat.
[CC 1984 §20-28]
No County Recorder shall receive for filing or recording any
subdivision plat required to be approved by a City Council or Planning
and Zoning Commission unless the plat has endorsed upon it the approval
of the City Council under the hand of the City Clerk and the Seal
of the City or by the Secretary of the Planning and Zoning Commission.
[Code 1974 §430.130; CC 1984 §20-29]
No owner, or agent of the owner, of any land located within
the platting jurisdiction of the City, knowingly or with intention
to defraud, may transfer, sell, agree to sell or negotiate to sell
that land by reference to or by other use of a plat or any purported
subdivision of the land before the plat has been approved by the City
Council or Planning and Zoning Commission and recorded in the office
of the County Recorder. The City may enjoin or vacate the transfer
or sale or agreement by legal action and may recover the penalty in
any such action.
[CC 1984 §20-30]
A.
Upon
adoption of a major street plan and subdivision regulations, the City
will 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 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 City
Council or Planning and Zoning Commission or on a street plan made
by and adopted by the Commission.
B.
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 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
(⅔) of the entire membership of the Council.
[CC 1984 §20-31]
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 and Zoning Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of Section 400.160.
[CC 1984 §20-32]
A.
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 is authorized to 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.
B.
The
City Council shall provide for the method by which this Section shall
be administered and enforced and may provide the Board of Adjustment
with powers to modify or vary the regulations, in specific cases,
in order that unwarranted hardship, which constitutes an unreasonable
deprivation of use as distinguished from the mere grant of a privilege,
may be avoided.
