(A)

Membership. There is hereby created and established a City Planning and Zoning Commission to be composed of 5 members. The present members of the existing commission shall serve until the expiration of their present terms of office. The members shall be resident citizens and qualified voters of the city, to be appointed by the City Council to serve for terms of 2 years.

(B)

Organization and rules.

(1)

The Planning and Zoning Commission shall elect a Chairman, Vice-Chairman from its membership.

(2)

A quorum shall consist of 3 members of the Commission. No final action shall be taken on any matter except pursuant to a majority vote. In no case shall fewer than 3 votes constitute a majority vote.

(3)

The Commission shall provide for its own rules of procedure, consistent with the provisions of state law and the city charter. It shall have all of those duties and powers with respect to planning and zoning provided by state law, city charter and this code.

(Ord. 2001-581, passed 8-16-01)

(A)

Before the Planning and Zoning Commission:

(1)

All applications for changes in the zoning district classification of property or for changes in the textual provision of this section shall be filed with the Planning and Zoning Commission. The application shall be accompanied by a non-refundable filing fee in an amount to be established by the City Council for such application.

(2)

Application by owner. No application for the rezoning of any property situated within the city shall be received, filed with the Zoning Commission, or considered, unless the person or persons making such application have permission in writing, signed by the owner or owners of record of the property proposed to be considered for rezoning for the filing of such an application. Such written permission must accompany any such application for rezoning.

(3)

No application for rezoning may be filed with the Commission and no hearing had thereon, if within 6 months prior the City Council has denied the same application. If new, relevant and substantial evidence, which could not have been secured at the time set for the original hearing shall be produced by applicant, under a sworn affidavit to that effect, the commission may waive the 6-month provision and consider the application.

(4)

Recommendations. The Commission shall make a preliminary report on all proposed changes and hold public hearings thereon before submitting its final report to the City Council.

(5)

Public hearings. The city shall mail written notice of all public hearings on proposed changes in classification before the Planning and Zoning Commission to owners of real property lying within 200 feet of the property on which the change in classification is proposed. Such notice shall be given, not less than 10 days before the dates set for hearing, to all such owners who have rendered their property for city taxes as the ownership is reflected on the last approved city tax roll. Notice may be served by depositing same, properly addressed and postage paid, in the United States mail. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making renditions which are included on the last approved city tax roll, notice of such owners shall be given by publication in the manner provided in division (B) of this section.

(B)

Before the City Council:

(1)

After the final report is submitted by the Commission as provided in division (A) of this section, the City Council shall act upon the application after a public hearing at which parties in interest and citizens shall have an opportunity to be heard.

(2)

At least 15 days notice of the public hearing before the City Council, giving notice of the time and place of such hearing, shall be published in an official paper, or a paper of general circulation, in the city.

(3)

Joint meeting. In cases where the City Council deems it feasible and practicable to do so, public hearings provided for herein to be held before the Zoning Commission and the City Council, respectively, may be held jointly before the Commission and Council, and the City Council shall not take final action until it has received the final report of the Zoning Commission.

(4)

In case of a written protest against any change in zoning, signed by the owners of 20% or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all of the members of the City Council.

(5)

A vote of three-fourths of all the members of the City Council is also required to overrule a recommendation of the Zoning Commission that the proposed amendment, supplement or change be denied.

(6)

All applications for rezoning which have been approved by the Commission shall be presented to the City Council within 30 days from the date of Commission approval.

(Ord. 2001-581, passed 8-16-01)

(A)

Responsible official. The provisions of this chapter shall be administered and enforced by the City Manager or his duly authorized representative.

(B)

Right to enter. The City Manager or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspection of buildings or premises necessary to carry out this chapter. If the City Manager or his duly authorized representative is refused entry, he shall have to obtain proper judicial authorization.

(C)

Stop orders. Whenever property is being used or building work is being done contrary to the provisions of this chapter, the City Manager or his duly authorized representative may order the work stopped by notice in writing served on the owner or contractor doing the work or causing such work to be done. Such person shall forthwith stop such work until authorized to proceed.

(D)

Penalty. Any violation of this chapter is a misdemeanor subject to a fine of not less than $200 nor more than $1,000 for any violation. Each day shall be a separate violation.

(E)

Additional remedies. In the event of a violation of this chapter, in addition to other remedies, the city may institute action to prevent such violation. Appropriate action shall include termination of utility services (water, gas, electric), revocation of permits, licenses, or bonds, and institution of injunctive and other legal action in courts of competent jurisdiction.

(Ord. 2001-581, passed 8-16-01)

The City Council shall establish a fee schedule for the purpose of recovering the administrative cost of processing requests and the public hearings called for by this chapter. Such fee shall be paid by the applicant and shall not be designed to restrict an applicant's ability to seek a hearing or to generate general revenue for the city.

(Ord. 2001-581, passed 8-16-01)

(A)

If any section, paragraph, subdivision, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.

(B)

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

(Ord. 2001-581, passed 8-16-01)

(A)

Nothing herein contained shall require any change in the plans, construction or designated use of a building or structure for which a building permit has been issued or a special permit or site plan has been approved prior to the effective date of these zoning regulations or any amendment of these regulations.

(B)

This chapter shall be in full force and effective from and after its passage and publication as provided by law.

(Ord. 2001-581, passed 8-16-01)

All terms used and not otherwise defined by statute or in this chapter shall be defined in accordance with their plain or ordinary and usual sense. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

(Ord. 2001-581, passed 8-16-01)