For the purposes of this division “the commission”
shall mean the city planning and zoning commission.
(Ordinance 696, sec. 1, adopted 10/28/1943; Ordinance 990 adopted 5/25/1950; Ordinance
2559, sec. 1, adopted 8/28/1958; 1959 Code, sec. 2-43; 1983 Code, sec.
2-378)
There is hereby created a city planning and zoning commission
to be composed of twelve (12) members, nine (9) of whom shall be residents
in and real property taxpayers of the city. The other three (3) members
shall be the city engineer, the city manager and the director of planning,
all of whom shall be ex-officio members, acting in an advisory capacity
and without the power to vote.
(Ordinance 696, sec. 1, adopted 10/28/1943; Ordinance 990 adopted 5/25/1950; Ordinance
2559, sec. 1, adopted 8/28/1958; 1959 Code, sec. 2-43; 1983 Code, sec.
2-379)
Any public improvements undertaken under the provisions of this
division or otherwise by the city council shall never be deemed invalid
because the planning and zoning commission has not been consulted
or has not furnished any advice or recommendations thereon or because
the city council has failed to submit to the planning and zoning commission
its plans thereon.
(Ordinance 696, sec. 5, adopted 10/28/1943; 1959 Code, sec. 2-53; 1983 Code, sec. 2-380)
The planning and zoning commission shall elect a chairman, a
vice-chairman and a secretary. It shall be the duty of the chairman
to call all meetings of such commission and to preside at the meeting.
It shall be the duty of the vice-chairman to preside over meetings
and to call meetings as may be necessary in the absence of the chairman.
It shall be the duty of the secretary to keep a record of all meetings
and the business transacted at such meetings.
(Ordinance 696, sec. 2, adopted 10/28/1943; 1959 Code, sec. 2-45; 1983 Code, sec. 2-381)
A majority of the voting members of the planning and zoning
commission shall constitute a quorum for the transaction of business.
(Ordinance 696, sec. 2, adopted 10/28/1943; 1959 Code, sec. 2-46; 1983 Code, sec. 2-382)
The members of the commission shall be appointed by the city
council and shall serve for terms of three (3) years.
(Ordinance 696, sec. 2, adopted 10/28/1943; Ordinance 2559, sec. 1, adopted 8/28/1958; 1959 Code, sec. 2-44; 1983 Code, sec. 2-389; Ordinance 9321, sec. 5, adopted 12/14/1989; Ordinance 2019-O0035, sec. 11, adopted 3/26/2019)
The members of the planning and zoning commission shall be subject
to removal from office by the city council for any cause deemed by
the city council sufficient for their removal in the interest of public
service. Any vacancy occurring upon the planning and zoning commission
by death, resignation, removal or otherwise shall be filled by the
city council appointing a suitable person to fill such unexpired term.
(Ordinance 696, sec. 3, adopted 10/28/1943; 1959 Code, sec. 2-47; 1983 Code, sec. 2-388)
(a) It
shall be the duty of the planning and zoning commission to act as
an advisory board to the city council, or any other commission, board
or department of the city. It shall be its duty to make recommendations
to the city council and other commissions, boards and departments
relating to every nature of public improvements, civic improvements,
city planning, opening, widening and changing of streets, routing
of public utilities, controlling and regulating traffic upon the public
streets and ways of the city and such other matters relating to city
improvements as the planning and zoning commission and the city council
may deem beneficial to the city.
(b) The
planning and zoning commission, in addition to the powers and authority
granted by this division, shall be and is hereby vested with all of
the powers and authority conferred upon city planning and zoning commissions
by the laws of the state and such commission shall, in addition to
the duties set forth in this division, perform all of the duties provided
by the laws of the state for city planning and zoning commissions.
(Ordinance 696, secs. 4, 7, adopted 10/28/1943; 1959 Code, sec. 2-49; 1983 Code, sec. 2-383)
It shall be the duty of the commission to make recommendations
to the city council relative to changes, alterations and additions
to the zoning ordinance of the city and to perform other duties as
authorized by law.
(Ordinance 629 adopted 10/26/1939; Ordinance 721 adopted 8/30/1945; Ordinance
1695 adopted 4/6/1955; 1959 Code, sec. 2-52; Ordinance 7084 adopted 6/26/1975; 1983 Code,
sec. 2-384)
The members of the planning and zoning commission shall adopt
such rules and regulations as they deem best for the government of
their actions, proceedings and time and place of meetings. However,
such rules and regulations shall not be in contravention of any of
the laws of the state or of any provision of this code or other ordinance
of the city.
(Ordinance 696, sec. 2, adopted 10/28/1943; 1959 Code, sec. 2-48; 1983 Code, sec. 2-385)
(a) It
shall be the duty of the planning and zoning commission to examine
all proposed division of lands, which is hereby defined as plans,
plats, replats, additions, subdivisions and resubdivisions for subdividing
lands, located in the corporate limits of, or within five (5) miles
of the corporate limits of the city, to determine if such division
of lands conforms to the general plan of the city, its streets, alleys,
parks, playgrounds, public utility facilities, sanitary facilities,
drainage facilities and all other facilities or the extension of any
of the above facilities, which have been or may be laid out, and to
determine if such division of land conforms to such general rules,
regulations, ordinances or laws, if any, governing the division of
land falling within the jurisdiction of the city, its city council
or the planning and zoning commission, which rules, regulations, ordinances
or laws are or have been adopted or promulgated to promote the health,
safety, morals or general welfare of the community and the safe, orderly
and healthful development of the community.
(b) The
planning and zoning commission is authorized to set up such standards
to cover the presentation of such division of land, and to establish
such procedures for acting upon such presentations, as it may deem
advisable; provided, that such standards and procedures shall not
be inconsistent with the provisions of this code or other ordinances
of the city, the laws of the state and the Constitution of the United
States.
(Ordinance 696, sec. 6, adopted 10/28/1943; 1959 Code, sec. 2-51; 1983 Code, sec. 2-386)
The planning and zoning commission is hereby vested with power
to submit to the city council plans, together with recommendations,
governing public improvements for the establishment and location of
additional streets, alleys and byways, schools, parks, playgrounds,
recreation centers, public amusements, outdoor theaters, swimming
pools, the creation of new zones or the changing of present zones
or any other recommendations deemed by the planning and zoning commission
to come under the heading of civic improvement or city planning. The
city council may thereafter adopt the recommendations made by the
planning and zoning commission or any other plans or methods which
may be deemed most advisable by the city council.
(Ordinance 696, sec. 5, adopted 10/28/1943; 1959 Code, sec. 2-50; 1983 Code, sec. 2-387)