EDITOR’S NOTE: Chapter 1224 was repealed in its entirety by Ordinance No. 13-152, passed February 4, 2014.

   The membership of the Planning Commission shall be as provided in Article XII, Section (a), of the City Charter.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98.)

   The first meeting of the Planning Commission shall be deemed an organizational meeting and shall be held within a period of time, not to exceed sixty days, after a general Municipal election.

   At such organizational meeting the regular monthly meeting night of the Commission shall be established by majority vote and there shall be elected by the Commission one member to serve as Chairperson and a second member to serve as Vice-Chairperson. All such actions of the Commission shall be incorporated as part of the minutes of the meeting. Special meetings of the Commission, as required, may be called by the Chairperson, or in his or her absence by the Vice-Chairperson, upon written notice to be delivered to each member personally, or left at his or her usual place of residence, and in compliance with Chapter 212 of the Administration Code.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98.)

   A record of the current membership of the Planning Commission shall be maintained by the Secretary of the Commission, and such record of membership shall be made available to other Municipal departments when requested or required to be done.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98.)

   The Building Commissioner and the City Engineer, or their delegates, shall be in attendance at all meetings of the Planning Commission, whether such meetings are regular, special or continued, to serve in an advisory capacity, but they shall not exercise or possess any voting rights.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98.)

   A quorum of the Planning Commission is a majority of the members of the Commission.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98.)

   The Planning Commission shall hold public hearings on the followings matters:

   (a)   Zoning changes;

   (b)   Zoning Code amendments;

   (c)   Subdivision Regulation amendments;

   (d)   Operations and/or public improvements which might be disruptive to the community peace, health, safety and welfare; and

   (e)   Matters which are determined by Council, or by proper City officials hereinafter designated, to be of general or vital interest to the entire community.

   While applications for the location of a utility do not require a mandatory public hearing, the Building Commissioner shall forthwith, upon the issuance of any permit for such purpose, give written notice thereof to all property owners within a 500-foot radius of the site of the proposed utility.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98; Ord. 10-131. Passed 6-7-11.)

   The Chairperson of the Planning Commission shall determine what matters shall be presented for public hearings if the same are not clearly defined and enumerated in either the City Charter, City ordinances, City codes or State law.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98.)

   The Planning Commission shall have jurisdiction over any plan, process or related matter affecting the use of land. All final decisions on such matters shall be reserved exclusively to that body specified in the City Charter or by ordinance.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98.)

   All industrial, commercial and/or multifamily dwelling development proposals shall be referred to the Planning Commission for its review, advice and recommendations. This requirement shall affect both new construction and alterations or additions to existing buildings of these types.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98; Ord. 13-152. Passed 2-4-14.)

   The following information shall be submitted to the Planning Commission in connection with proposals specified in Section 1220.09 and in connection with those items of the Zoning Code and Subdivision Regulations of the City Ordinance which are subject to review and/or action of the Planning Commission;

   (a)   The site plan, which shall include and show the following information, in addition to the information required by other sections of the Planning and Zoning Code and adherence with the Zoning Map:

      (1)   The name and address of the property owner;

      (2)   The permanent parcel number and address of the site;

      (3)   The name and address of the architect, engineer, surveyor or contractor, whichever is applicable;

      (4)   A scale, preferably of 20 feet - 30 feet = 1 inch. However, scales of 1/16 inch = 1 foot, 1/8 inch = 1 foot and 10 feet = 1 inch are acceptable.

      (5)   A north arrow;

      (8)   All existing construction and development, including roads, walks, utilities, grading, etc.;

      (7)   The location of walks, drives, roads and buildings on all adjacent parcels; and

      (8)   The proposed new construction, including, but not limited to, walks, drives, parking, setback and yard requirements, utilities, buildings, planting, fencing, relationships to natural features, etc.;

   (b)   The elevations of proposed buildings, showing materials, openings, etc.;

   (c)   The floor plan, showing all openings. This may be part of the site plan, and a copy shall be attached to the building permit application.

   (d)   Topography at a minimum of two-foot intervals; and

   (e)   Nine copies of the site plan.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98; Ord. 13-152. Passed 2-4-14.)

   The Planning Commission shall consider and approve the placement of all buildings in connection with proposals presented to it, and such placement shall be considered in relation to surrounding facilities and areas. Referral for approval of the Commission is mandatory prior to the issuance of a building permit.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98.)

   This chapter shall be considered in conjunction with Article XII of the City Charter and other sections of the Planning and Zoning Code and adherence with the Zoning Map, and the standards, regulations and criteria contained in this Chapter by the Board in its review.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98; Ord. 13-152. Passed 2-4-14.)

   The Mayor, Council, the City Engineer, the Building Commissioner or any other authorized City official may request and/or require the submission of various items to the Planning Commission for its review and recommendation. However, such items shall be pertinent to the orderly and well planned development of the community or shall pertain to the continuation of existing Municipal standards relating to land use.

(Ord. 1977-110. Passed 10-5-77; Ord. 98-114. Passed 9-1-98.)

   (a)   The position of Secretary to the Planning Commission is hereby established.

   (b)   The Secretary shall be appointed by the Mayor.

   (c)   The functions, duties and responsibilities of the Secretary shall be as follows:

      (1)   Attending all meetings of the Planning Commission and acting as recording secretary.

      (2)   Maintaining accurate and timely records of all meetings of the Planning Commission;

      (3)   Arrange for the transcription of timely and accurate minutes of all regular and special meetings of the Planning Commission. All meetings are required to be audio taped as outlined in Section 212.03 of the Codified Ordinances of the City;

      (4)   Preparing the agenda for all meetings of the Planning Commission;

      (5)   Attending all public hearings being conducted by the Planning Commission;

      (6)   Answering all inquiries directed to the Planning Commission or directing inquiries to the proper City official for answer or disposition; and

      (7)   Transmitting, when necessary, to other City officials, all records of meetings or hearings conducted by the Planning Commission when requested by the Chairperson of the Planning Commission or when requested by other proper department heads.

(Ord. 1973-84. Passed 4-4-73; Ord. 98-114. Passed 9-1-98; Ord. 03-149. Passed 12-1-03; Ord. 14-17. Passed 2-18-14; Ord. 21-152. Passed 10-5-21.)

   Before any plan submitted to the Planning Commission for sketch plan approval may be considered, notice of the time and place of the meeting for consideration of the sketch plan shall be mailed to affected property owners (owners of property contiguous to the property in question and across the street therefrom or within 500 feet thereof, whichever is most inclusive) as they appear in the current records of the County Auditor, and such notice shall be mailed fifteen days prior to such meeting. In lieu of such mailing of notices, the Planning Commission may, by majority vote of the members, order that such notices of the meeting be published once a week for two successive weeks prior thereto in two newspapers of general circulation within the City. In addition, such notices shall be posted on the posting board established by Council.

(Ord. 95-30. Passed 3-21-95; Ord. 98-114. Passed 9-1-98.)

   The Planning Commission shall act within one hundred twenty (120) days from any date of referral unless a shorter or longer time be allowed by Council or except as otherwise provided hereinafter.

(Ord. 97-181. Passed 3-3-98; Ord. 98-114. Passed 9-1-98.)

   All approvals granted by the Planning Commission shall expire and become ineffective for all purposes one year after the date of Planning Commission approval unless work is actually commenced in the opinion of the City Engineer. The Planning Commission may, however, grant an extension of such time as it deems necessary, not to exceed 6 months, upon a showing in writing of undue hardship or practical difficulty on the part of the owner or subdivider, and provided the approval of the time extension is granted by the Planning Commission prior to the expiration of the one year time period.

(Ord. 98-115. Passed 10-20-98.)

   The following standards and criteria shall be utilized by the Planning Commission in reviewing all site and building development plans. These standards are intended to provide a frame of reference for the applicant in the development of site and building plans, as well as a means of review for the reviewing authority. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation. However, they must meet the minimum Building Code requirements. The specification of one or more particular architectural styles is not intended by these standards.

   (a)   Preservation of Landscape. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas.

   (b)   Relation of Proposed Buildings to Environment. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings.

   (c)   Drives, Parking and Circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to the location and number of access points to the public streets, the width of interior drives and access points, general interior circulation, the separation of pedestrian and vehicular traffic and the arrangement of parking areas that are safe and convenient and that do not detract from the design of proposed buildings and structures and neighboring properties. The treatment and design of proposed screening shall be indicated. Approaches, drives and parking areas shall be considered as they affect the appearance from the street. The relationship of paving to buildings shall be appropriate, considering factors such as safety, drainage and landscaping.

   (d)   Electrical and Telephone Service. Electrical and telephone service shall be underground wherever practicable. Any utility installation remaining above ground shall be located so as to have a harmonious relationship to the neighborhood properties and the site.

   (e)   Advertising Features. The size, location, design, color, texture, lighting and material of all permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding properties, nor create confusion with traffic or any other signs.

         There shall be no building or feature in the round which is purely representational, e.g. Brown Derby, ice cream cone, etc., and no ragged outlines of buildings clearly used as eyecatchers in lieu of internal functions.

    (f)   Accessory Features. Storage areas, exterior machinery installations on all levels, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be reasonably treated to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

   (g)   Landscaping. Landscaping shall be appropriate for the size and use of the area and for its relationship to buildings, streets, parking areas, walks and adjacent buildings.

   (h)   Lighting. Lighting shall be considered for the appropriateness of nighttime illumination of the grounds, drives, walks, parking areas and buildings and for its effect upon surrounding areas.

   (i)   Architectural Details and Ornaments. Architectural details and ornaments shall be meaningful to the overall design and appropriate for the size and scale of the building and for weathering.

   (j)   Mechanical Equipment. Mechanical equipment shall be considered as it affects rooftop appearance, sidewall openings, sound levels, smoke and other nuisance aspects. Also, mechanical equipment shall be considered as it relates to overhead wires, gas and electric meter stations and any other visible appurtenances.

    (k)   Materials. Materials shall be appropriate for the use of buildings, for weathering and for their relationship to other materials, including those used on adjacent buildings.

    (l)   Colors and Textures. Colors and textures shall be appropriate for the size and scale of the building, for weathering and for their relationship to the site and adjacent buildings.

   (m)   Buffering and Fences. Buffering and fences must adhere to existing codes.

    (n)   Specific Design Standards. Specific design standards established by legislation for designated areas shall prevail.

   (o)   Comprehensive Master Plan. The Board shall review plans and make aesthetic, building material quality, landscape and relationship to natural features recommendations in accordance with the overall planning policy recommendations made in the Master Plan and any subsequent Master Plan documents.

(Ord. 13-152. Passed 2-4-14.)

   Any person who is an owner of property or who is acting as an agent for the owner of property, and who desires some action or recommendation by the City in relation thereto, must file an application setting forth his or her request.

(Ord. 1984-114. Passed 7-18-84; Ord. 98-114. Passed 9-1-98.)

   The application required by Section 1222.01 shall, in addition to all other pertinent data which the City might require; state the requested action and contain the following items:

   (a)   The purpose for which the application is filed;

   (b)   A sufficient description of the property to enable proper identification;

   (c)   Drawings and legal description necessary to a complete and accurate understanding of the subject of the application;

   (d)   A statement containing the name and address of the applicant, together with his or her attorney or agent if he or she is represented; and

   (e)   The execution of an agreement by the applicant, or his or her attorney or agent on his or her behalf, wherein the applicant agrees to appear upon request before any legally constituted board or commission of the Municipality for the purpose of interrogation by the board or commission regarding the matter of the application.

(Ord. 1984-114. Passed 7-18-84; Ord. 98-114. Passed 9-1-98.)

   The applicant shall pay the Clerk of Council or his or her agent, fees as set forth in Chapter 214 of the Administration Code. Such fees shall be paid in cash or by a certified or bank check and shall be nonrefundable.

(Ord. 98-114. Passed 9-1-98; Ord. 24-141. Passed 9-3-24.)