(a)

Created. There shall be a planning commission, also known as "the planning and zoning commission," and as "the commission" shall consist of not more than 15 nor less than seven members, including:

1.

The mayor, if the mayor chooses to be a member;

2.

A member of the council selected by the council, if the council chooses to have a member serve on the commission; and

3.

Not more than 15 nor less than five citizens appointed by the mayor and approved by the council. All citizen members of the commission shall serve without compensation. The term of each of the citizen members shall be for four years, except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The council may remove any citizen member for cause stated in writing and after public hearing. At any time, the mayor may present to the board of aldermen a resolution, which, upon approval by the board of aldermen, shall alter the size of the planning commission, within the range and makeup of membership as set forth in this section.

(b)

Term. The term of each of the citizen members shall be for four years, except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid.

(c)

Compensation. All members of the planning commission shall serve without compensation.

(d)

Dismissal. The board of aldermen may remove any citizen member for cause stated in writing and after public hearing.

(Code 1969, § 16-2; Ord. No. 139, § 2, 7-19-1966; Ord. No. 5551-16, § 1, 8-16-2016; Ord. No. 5648-20, §§ 1, 2(Exh. A), 9-15-2020)

(a)

The planning and zoning commission (hereinafter referred to as the planning commission) as established and created by section 50-38 and provided for by state statutes shall also function as a zoning commission and, as such, may prepare a zoning plan for the regulation of the height, area, bulk, location and use of private, nonprofit and public structures and premises, and of population density. The adoption of such zoning plan shall be in conformance with state statutes.

(b)

The planning commission shall elect its chair, vice-chair and secretary from among the citizen members. The term of chair, vice-chair and secretary shall be for one year with eligibility for re-election. The planning commission shall hold regular meetings and special meetings as it provides by rule, and shall adopt rules for the transaction of business and keep a record of its proceedings. These records shall be public records.

(c)

The planning commission shall make and adopt a comprehensive plan for the physical development of the municipality. The comprehensive plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the planning commission's recommendations for the physical development and uses of land and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned; the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general character, extent, and layout of the replanning of blighted districts and slum areas. The comprehensive plan shall be reviewed at least every two years after the effective date of these zoning regulations for consistency with actions of the city, changes in the uses of land, or any other appropriate criteria.

(Comp. Ord. of 4-20-2010, § 1-5)

All public officials shall, upon request, furnish to the planning commission, within a reasonable time after request therefor, all available information said commission requires for its work.

(Code 1969, § 16-13; Ord. No. 139, § 8, 7-19-1966)

The planning commission shall make and adopt a comprehensive plan for the physical development of the city. The comprehensive plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the planning commission's recommendations for the physical development and uses of land and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned; the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general character, extent, and layout of the replanning of blighted districts and slum areas. The comprehensive plan shall be reviewed at least every two years after the effective date of the ordinance from which this chapter is derived for consistency with actions of the city, changes in the uses of land, or any other appropriate criteria.

(Comp. Ord. of 4-20-2010, § 1-5.03)

(a)

Generally. Whenever the planning commission adopts a plan for the municipality, or any part thereof, no street or other public facilities, or no public utility, whether publicly or privately owned, and, the location, extent and character thereof having been included in the recommendations and proposals of the plan or portions thereof, shall be constructed or authorized in the municipality until the location, extent and character thereof has been submitted to and approved by the planning commission.

(b)

Effect of disapproval. In case of disapproval, the commission shall communicate its reasons to the council, and the council, by vote of not less than two-thirds of its entire membership, may overrule the disapproval and, upon the overruling, the council or the appropriate board or officer may proceed, except that if the public facility or utility is one the authorization or financing of which does not fall within the province of the council, then the submission to the planning commission shall be by the board having jurisdiction, and the planning commission's disapproval may be overruled by that board by a vote of not less than two-thirds of its entire membership.

(c)

Scope of section. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility shall be subject to similar submission and approval, and the failure to approve may be similarly overruled.

(d)

Effect of failure to act. The failure of the commission to act within 60 days after the date of official submission to it shall be deemed approval.

(Code 1969, § 16-14; Ord. No. 139, § 8, 7-19-1966)

When the planning commission adopts a city plan which includes at least a major street plan or progresses in its city planning to the making and adoption of a major street plan, and files a certified copy of the major street plan in the office of the county recorder of the county, no plat of a subdivision of land lying within the municipality shall be filed or recorded until it has been submitted to and a report and recommendation thereon made by the commission to the city council and the council has approved the plat as provided by law.

(Code 1969, § 16-15; Ord. No. 139, § 10, 7-19-1966)

(a)

Generally. The planning commission may adopt a city plan as a whole by a single resolution, or, as the work of making the whole city plan progresses, may from time to time adopt a part or parts thereof, any part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan.

(b)

Hearing required. Before the adoption, amendment or extension of a city plan or portion thereof the planning commission shall hold at least one public hearing thereon. Fifteen days' notice of the time and place of such hearing shall be published in at least one newspaper having general circulation within the municipality. The hearing may be adjourned from time to time. The adoption of the plan shall require a majority vote of the full membership of the commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the commission to form the whole or part of the plan.

(c)

Recording, filing. The action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the secretary of the commission and filed in the office of the commission, identified properly by file number, and a copy of the plan or part thereof shall be certified to the council and the city clerk, and a copy shall be recorded in the office of the county recorder of deeds.

(Code 1969, § 16-11; Ord. No. 139, § 6, 7-19-1966)