(a) Organization. From and after January 1, 1976, the City Planning Commission will consist of seven (7) members, each of whom shall be a resident of the City and a qualified elector for at least two (2) years immediately prior to and during his appointed term, and none of whom shall hold any other public office or employment with the City. At least two (2) members of the Commission shall be qualified by reason of training and experience in community development or design, architecture, civil engineering, landscape architecture or other directly related field. The Commission shall elect each year its chairman and it shall appoint a secretary other than a member of the Commission. The salary of said secretary shall be fixed by Council. In addition to the seven (7) voting members of the Commission, the Mayor and one member of Council chosen by the President of Council shall participate as nonvoting members.
(b) Terms of Office. Those members of the Commission currently serving shall continue to serve as members of the Commission until the expiration of their terms. Members of the Commission shall be appointed by the Mayor with the approval of a majority of the members of Council for a term of five (5) years arranged so that at least one term expires on December 31 of each year. Any vacancy during an unexpired term shall be filled for the remainder of the term in the same manner as the original appointment. No member shall be appointed to consecutive terms.
(c) Duties and Powers. The Planning Commission shall meet once a month. The Planning Commission shall:
(1) Prepare, amend, and maintain a comprehensive Master Plan of the City and supplementary plans for parts thereof;
(2) Prepare, amend, and maintain land subdivision regulations and exercise control over the planning and subdividing of land within the City;
(3) Prepare, amend, and maintain zoning regulations and the zoning map and make recommendations on proposed developments;
(4) Prepare, amend, and maintain an official map of the City showing the present and planned systems of streets, public land and other public facilities, and make recommendations on developments;
(5) Recommend annually, by January 1, a capital improvement program for the next fiscal year and a comprehensive five-year program;
(6) Take the initiative in planning and promote public interest and understanding of the Master Plan, and the implementation thereof.
The Commission shall have power to:
(1) Within its budget appropriation, employ a planning staff or contract with planning consultants for such services as it may require;
(2) Request additional assistance of any department to make special studies as may be requested;
(3) Undertake any other functions conferred upon it by general law or ordinance.
(d) Mandatory Referral. 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, vacated, or its use changed, or any ordinance referring to zoning or other regulations controlling the use or development of land be passed, unless and until it shall have been submitted to the Planning Commission for report and recommendation. Any matter so referred to the Planning Commission shall have final action taken upon it within seventy-five (75) days from the date of the next regularly scheduled meeting of the Planning Commission following the referral of the matter to it unless a longer time be allowed by Council. If the Planning Commission shall fail to take final action within the time allotted, it shall be deemed to have disapproved such matter.
Council shall establish a time for a public hearing on zoning matters after action by the Planning Commission. Any provision of any ordinance, resolution or order disapproved by the Planning Commission shall require a vote of two-thirds (2/3) or more members of Council for adoption or authorization.
(e) Administrative Procedures.
(1) Master Plan. Whenever the Planning Commission has prepared a comprehensive Master Plan setting forth in graphic and textual form, policies to guide the future public improvements and private developments in the City, it shall hold at least one public hearing thereon, notice of which shall be given by posting a notice at the City Hall at least fifteen days prior to the public hearing, and shall thereafter recommend the plan, or plans, to Council with or without amendments. The Council shall hold at least one public hearing on the plan, notice of which shall be given by posting a notice at the City Hall at least fifteen days prior to the public hearing, and may thereafter adopt the plan, by ordinance or resolution, as a whole or by successive parts. The plan shall serve as a guide to all future action concerning land use, development regulations, the official maps and schedules for capital improvement expenditures.
(2) Development regulations. Whenever the Planning Commission has prepared land subdivision regulations, it shall recommend said regulations to the Council, who after at least one public hearing on such regulations, notice of which shall be given by posting a notice at the City Hall at least fifteen days prior to the public hearing, may adopt, in whole or in progressive parts, such regulations.
(3) Official maps. Whenever the Planning Commission has prepared an official map, and detailed maps of parts thereof showing the present and planned streets, land for public buildings, open spaces or other public use, it may make provisions for the reserving of such land for such purposes which may extend for a reasonable period after an application for developing such land has been filed, and thereafter, such land may be acquired by dedication, exchange, or purchase. The Commission shall recommend such provisions and maps to Council, who, after at least one public bearing thereon, notice of which shall be given by posting a notice at the City Hall at least fifteen days prior to the public hearing, may adopt, in whole or in successive parts, such provisions and maps.
(4) Capital improvement program. Whenever the Planning Commission has prepared a Capital improvement program, it shall hold at least one public hearing thereon, notice of which shall be given by posting a notice at the City Hall at least fifteen days prior to the public hearing, submit the program and make recommendations to the Mayor who shall present the program to the Council.
(5) Amendments. The plans, regulations and programs shall be kept current and amended by the same procedures as herein set forth for adoption; amendments may be initiated either by the Commission, or by the Council and thereafter referred to the Commission for recommendation.
(f) Procedure of Planning Commission in Zoning Matters. Before the Planning Commission may take final action in approving any proposal to amend the zoning regulations or the zoning map of the City, it shall have given notice in general terms of the matter under consideration by posting such notice at the City Hall and by publishing it once in a newspaper of general circulation at least ten days prior to such final action. If the proposal is one to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, such notice shall also be mailed by first class mail to the owners of property within and contiguous to and directly across the street from such parcel or parcels to the addresses of such owners appearing on the County Auditor’s current tax list or the County Treasurer's mailing list. The failure of delivery of such notice shall not invalidate any such ordinance, measure or regulation. The Planning Commission shall inspect all sites which are proposed to be rezoned or redistricted. (Amended 11-3-70; 11-4- 75; 11-5-85; 11-6-90)