(a) The City Planning Commission shall act as the platting commissioners of the City and as such shall have control of the planning, and shall provide regulations covering the platting, of all lands in the City so as to secure harmonious development; to provide for the coordination of streets with other streets and with the official City plan; to provide open spaces for traffic and utilities; to provide access for fire-fighting apparatus and recreation; and to provide light and air for the avoidance of congestion of population. It shall make such regulations as it deems necessary as to the manner in which streets and other public ways shall be graded and improved and as to the manner in which and the extent to which water, sewer and other utility mains, piping or other facilities shall be installed, or establish any other conditions precedent to the approval of a proposed plat. The Commission shall make plans and maps of the whole or any portion of the City and shall make changes in, additions to and estimates of such plans or maps when it deems the same advisable. It shall have such powers to review and recommend to Council its opinion concerning the plan, design, location, removal, relocation and alteration of any public building or structure or those located on public streets or property, the location, relocation, widening, extension and vacation of streets, parkways, playgrounds and other public places, the zoning and rezoning of the City for any lawful purpose and such other powers as may now or hereafter be conferred upon it by Council or the laws of the State. All plans, recommendations and regulations made by the Commission shall be submitted to Council for approval before the same are considered official.
No public building, street, boulevard, parkway, park, playground, bridge, tunnel or publicly or privately owned utility, or part thereof, shall be constructed or authorized to be constructed in the City, nor shall any street, avenue, parkway, boulevard or alley be opened for any purpose whatsoever, nor shall any street, avenue, parkway, boulevard or alley be widened, narrowed, relocated or vacated, or have its use changed, nor shall any ordinance referring to zoning or other regulations controlling the use or development of land be passed, unless and until such action or such ordinance has been submitted to the Commission for report and recommendation. Any matter so referred to the Commission shall have final action taken upon it within ninety days from the date of referral, unless a longer time is allowed by Council. If the Commission fails to take final action within the time allotted, it shall be deemed to have approved such matter.
Council shall confirm, modify or reverse the decision of the Planning Commission by motion. If Council does not confirm, modify or reverse a decision of the Commission within sixty consecutive calendar days of the Commission's decision, the decision shall be considered confirmed. A motion to confirm a decision shall require the affirmative vote of a simple majority of Council to pass. If the motion to confirm does not pass, a motion to modify or reverse the decision may be made at that Council meeting, or at a subsequent Council meeting. A motion to modify or reverse a decision shall require the affirmative vote of five of the seven elected members of Council to pass. Any motion to modify shall clearly state how the decision should be modified.
(b) The Commission shall adopt such other rules and regulations as may be necessary to carry into effect the provisions of the Zoning Code of the City.
(c) All plan approvals granted by the Planning Commission shall be void after 18 months from the date of final approval by the City Council unless, in the case of new construction or building additions, continuous, significant and systematic work has been done above the foundation walls, and in other cases, the operation called for by the permit is well underway by the end of such 18-month period. If construction ceases for a period of six months or longer, the portion of the site subject to construction must be properly graded and seeding must be completed in a manner and fashion consistent with the mandates of the City Building Director, with input from the City Engineer. The ultimate decision of the City Building Director may only be overturned by a vote of the City Council.
(Ord. 1999-7. Passed 3-22-99; Ord. 2001-13. Passed 6-26-01; Ord. 2004-23. Passed 11-8-04; Ord. 2006-48. Passed 1-22-07; Ord. 2012-2. Passed 2-27-12; Ord. 2015-9. Passed 5-11-15.)