Loading...
1101.05 POWERS OF CITY COUNCIL TO DETERMINE USES.
   (a)   Whenever the Planning Commission certifies to City Council any such plan for the districting or zoning of the City according to the uses of buildings and other structures and of premises, then City Council in the interest of the promotion of the public health, safety, convenience, comfort, prosperity or general welfare, may:
      (1)   Regulate and restrict the location of buildings and other structures and of premises and how they may be used for trade, industry, residence or other specified uses, and for such purposes divide the City into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this section.
         A.   For each of such districts, regulations may be imposed designating the kinds or classes of trades, industries, residences or other purposes for which buildings or other structures or premises may be permitted to be erected, altered or used subject to special regulations.
            (Ord. 12-2012. Passed 10-15-12.)
1101.06 POWERS OF CITY COUNCIL TO DETERMINE HEIGHTS.
   (a)   Whenever the Planning Commission certifies to City Council any such plan for the districting or zoning of the City according to the height of buildings and other structures, then City Council, in the interest of the promotion of public health, safety, convenience, comfort, prosperity or general welfare, may regulate and limit the height of buildings and other structures thereafter erected or altered and for such purposes divide the City into districts of such number, shape and area as may be deemed best suited to carry out the purpose of this section.
      (1)   Any regulation imposing a lower height limitation than may be provided by State statute shall, within the district for which it is imposed, prevail over the limitations provided by State statute.    
         (Ord. 12-2012. Passed 10-15-12.)
1101.07 BULK AND LOCATION POWERS OF CITY COUNCIL.
   (a)   Whenever the Planning Commission certifies to City Council any such plan for districting or zoning of the City according to the bulk and location of buildings and other structures (including percentage of lot occupancy, setback building lines, and area of yards, courts, and other open spaces), then City Council may in the interest of the promotion of the public health, safety, convenience, comfort, prosperity, or general welfare, regulate the bulk and location of buildings and other structures thereafter erected or altered, the percentage of lot occupancy, setback building lines, and the area of yards, courts, and other open spaces and for such purposes may divide the City into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this section.
      (1)   Any regulation imposing a less percentage of lot occupancy, wider or larger courts, deeper yards or other more strict limitations than those provided by State statute shall, within the district for which it is imposed, prevail over the limitations provided by State statutes.
         (Ord. 12-2012. Passed 10-15-12.)
1101.08 BASIS FOR ZONING DISTRICTS; AMENDMENTS OR CHANGES.
   (a)   The districting or zoning of the City, or part thereof may be based upon any combination of two or more of the purposes described in Sections 1101.05 to 1101.07.
      (1)   In the determination and establishment of districts as provided herein, buildings and other structures may be classified on the basis of the nature or character of trade, industry, profession or other activity conducted or to be conducted therein, the number of persons, families or other group units to reside in or use them, the public, quasi-public or private nature of the use thereof, or upon any other basis or bases relevant to the promotion of the public safety, health, morals, convenience, prosperity or welfare.
   (b)   City Council may from time to time amend or change the number, shape, area or regulations of or within any district or districts.
      (1)   No such amendment or change shall become effective unless the ordinance proposing such amendment or change shall first be submitted to the Planning Commission for approval, disapproval or suggestions.
         A.   The Commission shall have been allowed a reasonable time, not less than thirty days, for consideration and report. Should the Commission fail to approve the amendment within a reasonable time, not less than thirty days, then such amendment may not be passed without a concurrence of a majority of the members of City Council.
(Ord. 12-2012. Passed 10-15-12.)
1101.09 PROCEDURE FOR ORDINANCES OR AMENDMENTS.
   (a)   Before any ordinance, measure, regulation or amendments thereto, authorized by this chapter may be passed, City Council shall hold a public hearing thereon, and shall give at least twenty days' notice of the time and place thereof on the City’s website.
(Ord. 15-2022. Passed 10-17-22.)
   (b)   If the ordinance, measure or regulation intends to rezone or redistrict a parcel or parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least twenty days before the date of the public hearing 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 Treasurer's mailing list and to such other list or lists that may be specified by City Council.
   (c)   The failure of delivery of such notice shall not invalidate any such ordinance, measure or regulations. During such twenty days, the text or copy of the text of such ordinance, measure or regulation, together with the maps or plans, or copies thereof, forming part of or referred to in such ordinance, measure or regulation and the maps, plans and reports submitted by the Planning Commission, board or officer shall be on file, for public examination, in the office of the Clerk or in such other office as is designated by City Council.
(Ord. 12-2012. Passed 11-15-12.)
1101.10 ALTERNATE MEMBER OF COUNCIL.
   In the event of an absence of the appointed City Council member of the Planning Commission from any scheduled meeting of the Planning Commission, City Council hereby appoints another member of City Council to serve in lieu of the absent Council member, as determined by the City Manager. Such substitute Council member shall have the same powers to act and vote on all matters coming before the Planning Commission.
(Ord. 09-2016. Passed 9-19-16.)