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The term of office of the members of the Plan and Zoning Commission is four years. Appointments are staggered, so that the terms of not more than one-third of the members expire in any one year. Vacancies occurring on the Commission caused by resignation, death, or otherwise shall be filled by the Council for the unexpired term. All members of the commission serve without compensation, except for their actual expenses which are subject to approval of the Council.
(Ord. 1936 - May 18 Supp.)
1. The Plan and Zoning Commission shall choose annually, at its first regular meeting, one of its members to act as Chairperson and another of its members as Vice Chairperson, who shall perform all of the duties of the Chairperson during any absence or disability of the Chairperson. The Commission shall adopt such rules and regulations governing its organization and procedure as may be deemed necessary, and it shall make an annual report to the Council on or before March 1 in each year, such report to contain its proceedings with a full statement of its receipts, disbursements and the progress of its work for the preceding fiscal year.
2. The Plan and Zoning Commission shall be empowered to appoint and employ such assistants as may be necessary, and to prescribe and define their duties and fix their compensation.
Any member of the Commission who is absent from three regularly scheduled meetings of the Commission during any one calendar year, without good cause, shall be deemed to have vacated such office on the occasion of such third absence. The Chairperson shall, thereupon, immediately report such vacancy to the Council, who shall fill such vacancy for the unexpired term.
The Plan and Zoning Commission shall have and possess the following powers and such other powers as may be incidental to the successful carrying out of the powers vested in it by this section, or such as may be expressly conferred upon it by law:
1. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof which, in the opinion of the Commission, bear relation to a comprehensive plan. The Commission shall submit such plan to the Council with its studies and recommendations, and it may publish the same.
2. To make recommendations for the location or erection of statuary, memorials or works of art in public places, public buildings, bridges, viaducts, street fixtures, public structures or appurtenances and the sites therefor.
3. To make recommendations upon plans, plats or replats of subdivisions or resubdivisions which show streets, alleys, or other portions of the same intended to be dedicated for public use.
4. To make recommendations for street, park, parkway, boulevard, trafficway, or other public improvements.
5. To carry on comprehensive studies of present conditions and the future growth of the City in order to guide and accomplish a coordinated, adjusted and harmonious development of the City, in accordance with the present and future needs thereof, to the end that the health, safety, morals, order, convenience, prosperity and general welfare may be best promoted.
6. To conduct a public hearing upon the adoption of such comprehensive plan or any amendment thereto.
7. To prepare a comprehensive plan regulating the height, number of stories and size of buildings and other structures; the percentage of ground that may be occupied; the size of yards, courts and other open spaces; the density of population; and the location and use of buildings, structures and land for trade, industry, residence or other purposes. To this end, the Commission shall prepare a preliminary report and hold hearings thereon and, after such hearings have been held, shall submit its final report and recommendations to the Council.
8. To recommend to the Council, from time to time, as conditions require, amendments, supplements, changes, or modifications in the comprehensive plan prepared by it.
9. To do all things necessary or advisable in order to carry out the intent and purpose of this chapter and all other laws relating to this subject and to the State laws, as they now exist or as amended or supplemented.
If any preliminary or final plat which has been submitted for approval to the Plan and Zoning Commission, or any application for rezoning, or any other action which requires approval by the Commission, after being considered by such Commission, fails to win approval on a motion made by any member of such Commission and approved by the required number of members of the Commission, it shall be deemed to have been rejected or disapproved, and the Council shall be notified of such action accordingly. For the purposes of this chapter, any vote which results in a tie shall be deemed to be a rejection of any action requiring approval by the Commission.
The Council shall annually appropriate a sum of money from the general funds for the payment of the expense of the Plan and Zoning Commission. The Commission shall have full, complete, and exclusive authority to expend for and on behalf of the City all sums of money so appropriated. Gifts, donations or payments which are received by the City for planning and zoning purposes shall be placed in such fund to be used by the Commission in a manner appropriate for its purpose. The Commission shall have no power to contract debts beyond the amount of its income for the current year.