CHAPTER 1101
Planning Commission

EDITOR'S NOTE: There are no ordinances establishing or specifying the powers of the Planning Commission inasmuch as the Planning Commission is established by the Municipal Charter. The following are the provisions of the Charter, Article IV, Section 5, relating to the Planning Commission:

SECTION 5. PLANNING COMMISSION.

   (a)    Membership and Terms. The Planning Commission shall consist of the Mayor, one member of Council to be elected by Council and three electors of the Municipality, not holding other elective or appointive office in the Municipality to be appointed by the Mayor, subject to the approval of a majority of the members elected to Council. The terms of the present members of the Planning Commission shall terminate December 31, 1959. The three citizen members shall be appointed for terms of two, four and six years respectively, commencing January 1, 1960, and their successors shall be appointed for terms of six years thereafter. A vacancy occurring during the term of any member of the Planning Commission shall be filled in the same manner for the unexpired term. Any citizen member of the Planning Commission may be removed by the Mayor with the consent of a majority of the members elected to Council. At its first meeting in January, 1960, and every two years thereafter, the Planning Commission shall elect one of its members as chairman to serve for a period of two years.

   (b)    Duties. The Planning Commission shall have such powers and duties as may be conferred upon it by ordinance of Council concerning the plan, design, location, removal, relocation and alteration of any public building or structure or those located within any public street or property; the location, relocation, widening, extension and vacation of streets, parkways, playgrounds and other public places; the approval of plats for the subdivision of land; zoning and rezoning of the Municipality for any lawful purpose and such other powers as may now or hereafter be conferred upon it by ordinance of Council.

   (c)    Zoning Ordinances. Council may from time to time enact or amend such zoning ordinances and regulations as it may deem necessary, providing for the regulation of the use of land and the location, size, safety and appearance and use of buildings and structures and shall provide the procedure for enacting or amending zoning ordinances and regulations. Before enacting any such ordinance or amendment thereto, Council shall first hold a public hearing thereon at which any interested person may be heard in respect thereto. Notice of the date, time and place of such hearing shall be published at least once in all newspapers of general circulation in the Municipality, as determined by Council, not less than thirty days prior to such hearing, and such ordinance, regulation or amendment shall be on file and available for inspection in the office of the Clerk of Council during such period. In addition, for zoning ordinances or amendments which intend to rezone or redistrict twenty or less parcels of land, Council shall provide by ordinance for a procedure which at the least requires that written notice be mailed at least ten days prior to a public hearing to the owners of property within, abutting on and directly across the street from the parcel or parcels to be rezoned or redistricted, and in addition, to the owners of property which is contiguous to any of the aforesaid property. Unless such ordinance, regulation or amendment thereto has been recommended to Council by the Planning Commission, Council shall refer it to the Planning Commission for its recommendation and any such ordinance, resolution or amendment not recommended for passage by the Planning Commission shall require the affirmative vote of at least five members of Council for its enactment.

(Approved by voters November 4, 1975.)

   (d)    Zoning of Lands for Multiple Family Dwellings. The Council may from time to time enact or amend such zoning ordinances and regulations to provide for multiple family dwellings as it may deem necessary, providing for the regulation of the use of land and the location, size, safety and appearance and use of buildings and structures. Before enacting any such zoning ordinance or amendment thereto relating to multiple family dwellings, the Council shall first hold a public hearing thereon at which any interested person may be heard in respect thereto. Notice of the date, time and place of such hearing shall be published at least once in a newspaper of general circulation in the Municipality not less than thirty (30) days prior to such hearing and such ordinance, regulation or amendment shall be on file and available for inspection in the office of the Clerk of Council during such period. Unless such ordinance, regulation or amendment thereto has been recommended to the Council by the Planning Commission, the Council shall refer it to the Planning Commission for its recommendation and any such ordinance, resolution or amendment not recommended for passage by the Planning Commission shall require the affirmative vote of at least five (5) members of the Council for its approval.

   Upon receiving such approval by Council, such proposed ordinance, regulation or amendment shall be certified to the Board of Elections to be submitted to the electors at the next general or regular municipal election occurring more than ninety (90) days after the approval by Council.

(Approved by voters November 3, 1970.)

   (e)    Zoning of Lands for Prohibited Uses. Council may from time to time enact an ordinance amending the zoning ordinances to permit and regulate any use which at the time of enactment of such ordinance is a prohibited use under such zoning ordinances, as it may deem necessary providing for the regulation of the use of land and the location, size, safety and appearance and uses of buildings and structures for such uses. Before enacting any such zoning ordinance or amendment thereto relating to the use of land for such prohibited uses, such ordinance shall be subject to all of the procedures set forth in Article IV, Section 5(c), of this Charter.

   Upon receiving approval by Council, such proposed ordinance shall be certified to the Board of Elections to be submitted to the electors at the next general or regular municipal election occurring more than ninety (90) days after such certification. Provided, however, that without approval or rejection of any such ordinance, Council may also vote to submit such ordinance to the electors for approval or rejection at the next general or regular municipal election occurring more than ninety (90) days after certification to the Board of Elections. Such submitted ordinance shall not become effective unless it shall be approved by a majority of the electors voting upon such ordinance.

(Approved by voters November 8, 1977.)

1101.01    Planning Commission Clerk.

1101.02    Application for hearing.

1101.03    Meetings.

CROSS REFERENCES

   Plans for unplatted areas - see P. & Z. 1117.02

   Amendments to Subdivision Code - see P. & Z. 1117.05

   Zoning amendments - see P. & Z. 1123.02

   Use district exceptions - see P. & Z. 1147.01

1101.01 PLANNING COMMISSION CLERK.

   (EDITOR'S NOTE: see Charter Article IV, Section 2(d).)

1101.02 APPLICATION FOR HEARING.

   (a)    Except as otherwise provided herein, at least seven days prior to the day of a Planning Commission meeting, any applicant wishing to appear on the Planning Commission agenda for the first time on a particular request shall file an application with the Clerk of the Commission. Such application shall be in writing stating the approval requested and shall be accompanied by seven separate copies of all data, drawings and information otherwise required by these ordinances. One additional reduced copy of all data, drawings, and information submitted by the applicant may be requested by the Clerk if applicable. For good and sufficient reason, the Planning Commission may, by the affirmative vote of three members, waive this seven day filing requirement. (Ord. 2000-16. Passed 2-8-00.)  

   (b)    The Clerk of the Planning Commission shall send, by personal delivery or regular mail, a copy of the Agenda for a meeting of the Commission to those residences contiguous to and directly across the street from the parcel or parcels for which an application has been properly filed with the Clerk and has been placed on the Commission's agenda for a specific meeting.

   (c)    No action of the Planning Commission shall be overturned for a failure to provide notice under this section. (Ord. 1992-35. Passed 4-13-93.)

1101.03 MEETINGS.

   Regular meetings of the Planning Commission shall be held on the first Tuesday of each month in the Council Chambers of the Municipal Building.

(Ord. 1978-13. Passed 6-13-78.)