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(a) All applications for a change of zoning, appeals and use district exceptions, all permits for which the approval or recommendation of the City Planning and Zoning Commission is required, either by statute or by ordinance, all approvals or acceptances of plats and/or dedications or vacations of streets, all appeals from the decisions of the Commissioner of Buildings, and all other applications either required or permitted under this Planning and Zoning Code, shall be filed with the City Planning and Zoning Commission and shall be acted upon according to law by the Commission prior to any such applications being considered by Council.
(Ord. 178-1959. Passed 9-14-59.)
(b) Any person filing an application for a change in zoning, for a use district exception or for a permit or grant authorized by this Planning and Zoning Code, or any appeal, shall pay a fee to the City Planning and Zoning Commission, as established in Section 1703.65.
(Ord. 49-1994. Passed 3-21-94; Ord. 40-2003. Passed 3-3-03; Ord. 55-2018. Passed 5-7-18.)
In any case where Council on its own motion amends the regulations or districts, Council may waive the fee provided for in Section 1301.03.
(Ord. 7725. Passed 6-7-43; Ord. 55-2018. Passed 5-7-18.)
There is created in the office of the City Planning and Zoning Commission the position of Commissioner of Zoning. Such Commissioner of Zoning shall be appointed by the City Planning and Zoning Commission and shall serve at the pleasure of the City Planning and Zoning Commission.
(Ord. 178-1959. Passed 9-14-59; Ord. 55-2018. Passed 5-7-18.)
(a) The Commissioner of Zoning shall receive for filing all applications which may or are required by law to be filed with the City Planning and Zoning Commission. In addition thereto, he or she shall investigate any zoning violations, enforce the planning and zoning laws of the City, act as advisor to the City Planning and Zoning Commission, perform research and conduct investigations for such Commission, serve all notices and subpoenas on behalf of such Commission and perform such other duties as may be delegated, authorized or assigned to him or her by the City Planning and Zoning Commission.
(b) The Commissioner of Zoning shall review all Certificates of Occupancy and shall approve the same only if the premises and structures located thereon fully comply with all of the zoning laws of the City. No Certificate of Occupancy shall be valid or effective until such time as it is signed by the Commissioner or Zoning.
(Ord. 178-1959. Passed 9-14-59; Ord. 55-2018. Passed 5-7-18.)
(a) Any decision of the Commissioner of Buildings, made in the enforcement of this Planning and Zoning Code or the Building Code, or any decision of the Manager of Housing Programs, made in the enforcement of the Housing Code, or in the issuance or refusal of a permit by the Commissioner of Buildings, may be appealed to the Planning and Zoning Commission by any person claiming to be adversely affected by such decision.
(b) The Commission may affirm, reverse or modify the action or decision of the Commissioner of Buildings or the Manager of Housing Programs. The Commission shall have the power to direct the Commissioner of Buildings to issue the proper permits or the Commission itself may issue such permits. The City Planning and Zoning Commission shall also have all the powers of the officer from whom an appeal is taken.
(Ord. 69-1996. Passed 3-18-96; Ord. 55-2018. Passed 5-7-18.)
The City Planning and Zoning Commission shall have power to prescribe rules and regulations for the enforcement of this Planning and Zoning Code, and for such purposes may conduct hearings and make orders for the enforcement of any provision, rule or regulation of any zoning ordinance or of any use district classification.
(Ord. 178-1959. Passed 9-14-59; Ord. 55-2018. Passed 5-7-18.)
The City Planning and Zoning Commission, by a majority of those present at any regular or special meeting thereof, shall have the power to subpoena and require the attendance of witnesses, administer oaths and compel testimony and the production of books, papers and other evidence pertinent to any matter before the Commission.
No person shall disobey a subpoena, refuse to be sworn, unlawfully refuse to answer as a witness or unlawfully refuse to produce books, papers or other evidence as may be ordered by such subpoena.
(Ord. 178-1959. Passed 9-14-59; Ord. 55-2018. Passed 5-7-18.)
Every person, either natural or corporate, who shall be subpoenaed to appear before the City Planning and Zoning Commission to give testimony or other evidence shall be paid the sum of ten dollars ($10.00) for such appearance. All persons so subpoenaed to appear before the City Planning and Zoning Commission to give testimony or other evidence shall, in addition to the witness fee of ten dollars ($10.00) as provided for in this section, be paid at the rate of twenty cents ($0.20) per mile for travel to and from the place where they are ordered to appear to give such testimony or evidence. The residence or place of business of the witness, whichever is nearer, shall be used in computing the number of miles for which such witness shall be compensated as provided for in this section.
(Ord. 55-2018. Passed 5-7-18.)
The City Planning and Zoning Commission shall adopt rules and regulations for the approval of plats. It shall have the power and authority, subject to the confirmation and approval of Council, to approve plats for the subdivision of land and to approve the location, relocation, widening, extension and vacation of streets, parkways, playgrounds and other public places. It shall act as an administrative board for recommendation to Council of any change, amendment or alteration to the Zone Map, any use district or any regulation affecting a use district, and shall return its recommendation to Council within forty-five days after the receipt of a request for such recommendation, except as otherwise specifically provided for in this Planning and Zoning Code.
(Ord. 44-1962. Passed 3-19-62; Ord. 55-2018. Passed 5-7-18.)
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