(a) City Planning Commission: Organization; Terms of Office; Vacancies. There shall be a City Planning Commission which shall consist of five (5) Regular Members all of whom shall be electors of the City, four of whom shall be appointed by the Mayor, with the concurrence of a majority of the members of Council, and none of whom shall hold any other public office or public position in the City. The fifth member shall be elected by the Council from its membership for his term as Councilman. In addition, there shall also be a First Alternate Member and a Second Alternate Member who shall be electors of the City, who shall not hold any other public office or position in the City, and shall be appointed by the Mayor, with the concurrence of a majority of the members of Council. The Commission shall elect its chairman from among the appointed Regular Members.
The affirmative vote of three (3) Members shall be necessary for any official action. If any Regular Member is absent, the First Alternate Member may vote in the Regular Member’s place. If the First Alternate Member is absent or if more than one (1) Regular Member is absent, the Second Alternate Member may vote in the Regular Member’s place.
The term of the appointed members shall be four (4) years, except that of the four members first appointed, one shall be appointed for a term of one year, one for two years, one for three years, and one for four years. Any appointed member of the Commission may be removed for cause by the Mayor after a public hearing. Any vacancy during the unexpired term of an appointed member shall be filled by a new appointment for the remainder of the term.
(Amended 11-6-07.)
(Amended 11-6-07.)
(b) City Planning Commission: Powers and Duties. The Commission shall have the powers conferred upon it by general law and by ordinance of the Council and it shall adopt and recommend to the Council a comprehensive general plan for the physical development of the City, or the redevelopment of any area or district therein, which shall include the location of public ways, property, bridges, schools, utilities, buildings, parks, playgrounds, and recreation areas, and the reservation and acquisition of lands therefor. It shall prepare and recommend to Council ordinances creating areas, zones and districts of permitted and excluded uses, including rules, regulations, restrictions and limitations governing the plan, design, height, floor area, number of stories, size of structures, area and size of lots, percentage of land occupancy, size of yards, courts, open spaces, locations, use and occupancy of public and private buildings, structures and land for trade, industry, off-street parking, residence, park, playground, agriculture, and all other uses or purposes, both public and private, pertaining to each, as will promote the general welfare of the City and its inhabitants. It shall have control over the platting and subdivision of lands and the improvement or development thereof. It shall annually make recommendations to the Mayor of the necessary or desirable capital improvements.
(c) General Plan and Zoning Ordinances. The Council shall by ordinance adopt a comprehensive general plan for the orderly development of the City and plans for the redevelopment of the areas or districts therein, provided, however, that a part or parts thereof may be adopted or amended from time to time by creating areas, zones, and districts of permitted and excluded uses of such numbers or classifications, and rules, regulations, limitations and restrictions pertaining to each as will promote the general welfare of the City and its inhabitants. It shall have full legislative authority to accomplish those matters over which the Planning Commission is given power of recommendation, provided, however, any such matter shall be first submitted to the Planning Commission. No ordinance, measure or regulation which is in accordance with the recommendations, plans or reports submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to Council. No ordinance, measure or regulation which violates, differs from, or departs from the recommendations, plans or reports submitted by the Planning Commission shall take effect unless passed or approved by not less than three-fourths of the members elected to Council. Failure of the Commission to act, within 45 days, on any matter before it shall have the same effect as approval by said Commission.
(Amended 11-6-01.)
(d) Construction. This article and all ordinances, rules, and regulations shall be liberally construed to give effect to the beneficial distribution of population, and the orderly development, improvement and general welfare of the City.
(e) Appropriations. Council shall appropriate annually adequate sums to give effect to the purpose of this article.