(a) Membership and Terms.
The Planning Commission shall consist of the Mayor, one member of the Council to be elected by the Council and three (3) 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 the 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 (2), four (4), and six (6) years respectively, commencing January 1, 1960, and their successors shall be appointed for terms of six (6) 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 the Council. At its first meeting in January, 1960, and every two (2) years thereafter, the Planning Commission shall elect one of its members as Chairperson to serve for a period of two (2) years.
(b) Duties.
The Planning Commission shall have such powers and duties as may be conferred upon it by ordinance of the 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, and 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 the Council.
(c) Zoning Ordinances.
The 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, 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 all newspapers of general circulation in the Municipality, as determined by Council, 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. In addition, for zoning ordinances or amendments which intend to rezone or redistrict twenty (20) or less parcels of land, the Council shall provide by ordinance for a procedure which at the least requires that written notice be mailed at least ten (10) 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 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 enactment.
(Approved by voters November 4, 1975 )
(d) Zoning of Lands for Multiple Family Dwellings, and Attached Single-Family Dwellings or Cluster Subdivisions.
The Council may from time to time enact or amend such zoning ordinances to provide for multiple family dwellings, attached single-family dwellings or cluster subdivisions 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, attached single-family dwellings or cluster subdivisions, 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 or amendment shall be on file and available for inspection in the office of the Clerk of Council during such period. Unless such ordinance 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 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 or amendment shall be certified to the Board of Elections to be submitted to the electors at the next general or regular 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 3, 1981.)
(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. )