Chapter 16 · Zoning and Planning

Article 1. Planning Commission

Sections 16-101 to 16-109 · 9 sections

16-101 Planning commission established.

The city has created and established a planning commission for the city.

(Code 1974, § 2.32.010; Ord. 274, § 1, 1954; Code 2018, 2-163)

16-102 Members; appointment; terms; vacancies.

(a)The planning commission shall be composed of not less than seven or more than 15 members of which number two members shall reside outside of, but within three miles of, the corporate limits of the city, but the remaining members shall be residents residing within the corporate limits of the city.

(b)The members of the commission shall be appointed by the mayor, by and with the consent of the city council, and the members appointed shall serve respectively for terms of one year, two years, and three years, divided equally among the membership of the commission and as designated by the mayor in his appointment. Thereafter, members shall be appointed for terms of three years each.

(c)Vacancies on the commission shall be filled by appointment for the unexpired term only.

(Code 1974, § 2.32.020; Ord. 274, § 2, 1954; Ord. 667, § 1, 1991; Code 2018, 2-164)

16-103 Majority vote required.

Unless otherwise provided by law, no action shall be taken by the planning commission except by majority vote of the members thereof.

(Code 1974, § 2.32.021; Ord. 667, § 2, 1991; Code 2018, 2-165)

16-104 Adoption of bylaws.

The planning commission shall adopt bylaws for the transaction of business and hearing procedures.

(Code 1974, § 2.32.025; Ord. 667, § 3, 1991; Code 2018, 2-166)

16-105 Comprehensive plan.

The planning commission has made a comprehensive plan and maps of the whole or any portion of the city and of any land outside of the city which, in the opinion of the commission, forms the total community of which the city is a part and shall review such changes in such plans and maps as it deems advisable at least once each year. The commission shall make recommendations to the city council concerning the location of streets, transportation and communication facilities, public buildings and grounds. Upon recommendation, the city council shall adopt or disapprove any or all plans for development recommended as provided by state law.

(Code 1974, § 2.32.030; Ord. 274, § 3, 1954; Ord. 667, § 4, 1991; Code 2018, 2-167)

16-106 Duty and authority to approve of public improvement plans.

(a)Except as provided in subsection (b) of this section, when the planning commission has adopted and certified the comprehensive plan for one or more major sections or functional subdivisions thereof, no public improvement, public facility or public utility of a type embraced within the recommendations of the comprehensive plan or portion thereof shall be constructed without first being submitted to and being approved by the planning commission as being in conformity with the plan. If the planning commission does not make a report within 60 days, the project shall be deemed to have been approved by the planning commission. If the planning commission finds that any such proposed public improvement, facility or utility does not conform to the plan, the commission shall submit, in writing to the city council, the manner in which such proposed improvement, facility or utility does not conform. The city council may override the plan and the report of the planning commission, and the plan for the area concerned shall be deemed to have been amended.

(b)When the planning commission has reviewed a capital improvement program and found that a specific public improvement, public facility or public utility of a type embraced within the recommendations of the comprehensive plan or portion thereof is in conformity with such plan, no further approval by the planning commission is necessary under this section.

(Code 1974, § 2.32.035; Ord. 667, § 5, 1991; Code 2018, 2-168)

16-107 Plan and plat approval authority.

All plans, plats or replats of lands laid out in building lots within the corporate limits of the city or within a three-mile radius thereof where the same are situated within the county shall be submitted to the planning commission for their approval and recommendation prior to action being taken thereupon by the city council. No such plans, plats or replats shall be filed with the registrar of deeds until the city council has received the recommendation of the planning commission and action has been taken thereupon.

(Code 1974, § 2.32.040; Ord. 274, § 4, 1954; Code 2018, 2-169)

16-108 Duty to adopt subdivision rules and regulations.

The planning commission has adopted rules and regulations governing the subdivision of lands within its jurisdiction as set forth above, providing the same is reasonable and proper for the best interests of the municipality. Such rules and regulations became effective and shall be in full force and effect upon approval thereof by the city council.

(Code 1974, § 2.32.050; Ord. 274, § 5, 1954; Code 2018, 2-170)

16-109 Payment of expenses.

All necessary expenses incurred by the city planning commission shall be dispersed from the budgetary account set up and appropriated by the city council in the regular annual budget, as approved.

(Code 1974, § 2.32.060; Ord. 274, § 6, 1954; Code 2018, 2-171)