(a)

There is hereby created a planning commission of the city, which commission shall be composed of five members. The members of the commission shall be nominated by the mayor and confirmed by the city council.

(b)

The majority of the commission shall be composed of residents of the city. The remainder of the commission may be persons who have shown a civic interest in the community by their involvement with civic clubs or by operating a business within the city, or by being employed within the city. The mayor and city engineer shall be ex officio members of the commission. The appointed members of the commission shall be nominated and appointed solely with reference to their fitness and without reference to party affiliation and shall serve without compensation.

(c)

Each appointed member shall hold office for a period of three years, or until his successor takes office. Members may be removed by the city council only for inefficiency, neglect of duty or malefaction in office. Vacancies occurring otherwise than through the expiration of term shall be filled only for the unexpired terms by the mayor with confirmation by the city council.

(d)

Ex officio members shall receive no compensation for their service on the planning commission.

(Code 1990, § 12-101; Code 2010, § 12-101; Code 2013, § 48-41; Ord. No. 632, 10-1-2001)

Three members of the planning commission shall constitute a quorum for the transaction of business. However, no action shall be taken which is binding upon the planning commission unless concurred in by not less than a majority of all members comprising the planning commission.

(Code 1990, § 12-102; Code 2010, § 12-102; Code 2013, § 48-42)

The commission shall elect a chairperson, a vice-chairperson, and a secretary, and may create and fill such other offices as it may deem necessary. The term of the chairperson, vice-chairperson and secretary shall be one year with eligibility for reelection. The planning commission shall adopt rules for the transaction of business and shall keep a record of its regulations, transactions, findings and determinations, which record shall be a public record.

(Code 1990, § 12-103; Code 2010, § 12-103; Code 2013, § 48-43)

(a)

Generally. In conducting its work the planning commission may consider and investigate any subject matter tending to the development and betterment of the city and may make recommendations as it may deem advisable concerning the adoption thereof to the city council.

(b)

Employment of staff. The planning commission, with approval of the city council, shall have the power and authority to employ planners, engineers, attorneys, clerks and other help deemed necessary within the limits of the appropriation fixed by the city council. The salary and compensation of such employees shall be fixed by the city council and shall be paid out of the city treasury as are other officers and employees. The city planning commission may incur necessary expenses within the limits of its appropriation to carry out its purposes and responsibility.

(c)

Surveys, studies, maps and plans. The planning commission may make or cause to be made surveys, studies, maps and plans in the conduct of its activities.

(d)

Division of city into districts; uniformity of regulations. The planning commission may recommend the division of the city into districts of such number, size and area as may be deemed best suited to carry out the zoning plan. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.

(e)

Location of public buildings and other facilities. Before final action is taken by the city council on the location or design of any public buildings, statue, memorial, park, boulevard, street, alley, playground, public grounds, bridge or change in any location of any street or alley, such question shall be submitted to the planning commission for investigation and report.

(f)

Comprehensive plan.

(1)

The planning commission shall have the power to prepare and recommend to the city council for adoption a comprehensive plan for the physical development of the city. In the preparation of the comprehensive plan, the planning commission may from time to time prepare and recommend to the city council for adoption a part or parts thereof which parts shall cover one or more major geographical divisions of the city or one or more major elements of the comprehensive plan. The planning commission may from time to time recommend extending, amending or changing any portion of the comprehensive plan.

(2)

In the preparation of the comprehensive plan, the planning commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the city with due regard to its relation to neighboring territory.

(3)

The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provisions for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, and wise and efficient expenditure of public funds.

(g)

Subdivision rules and regulations.

(1)

The planning commission may prepare and recommend to the city council for adoption rules and regulations governing the subdivision of land within the corporate limits for the city.

(2)

All plans, plats or replats of land laid out in two or more lots, plats or parcels or streets, alleys or other ways intended to be dedicated to public use within the corporate limits of the city shall first be submitted to the planning commission for its recommendations.

(3)

The planning commission shall, with the help of appropriate city officials, check the proposed dedications or subdivisions of land and with other elements of the comprehensive plan for the city. The disapproval of any such plan, plat or replat by the city council shall be deemed a refusal of the dedications shown thereon.

(4)

No plat or replat of subdivision of land, or dedication of street or alley or other easement shall be entitled to record unless it bears the signature of the mayor, attested by the city clerk/treasurer, certifying the approval and acceptance thereof by the city council.

(h)

Zoning commission. The planning commission shall also act as the zoning commission, which shall have the power to prepare and to recommend to the city council for adoption a zoning plan to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings, structures and land for trade, industry, residence and other purposes.

(Code 1990, §§ 12-104—12-109; Code 2010, §§ 12-104—12-109; Code 2013, § 48-44)

The regulations, restrictions, prohibitions and limitations imposed and the districts created in this chapter may from time to time be amended, supplemented, changed, modified or repealed by ordinance, but no change shall be made until the planning commission, after notice and public hearing, files with the city council a report and recommendation on the proposed change.

(Code 1990, § 12-391; Code 2010, § 12-391; Code 2013, § 48-62)

An owner or his duly authorized agent or representative, may make application for the amendment of the zoning restrictions applicable to his property by filing with the planning commission a written application in such form and content as the planning commission may by resolution establish. An application for amendment shall be accompanied by the payment of a fee, as established from time to time, to cover the costs of notice and posting and administrative review.

(Code 1990, § 12-392; Code 2010, § 12-392; Code 2013, § 48-63; Ord. No. 864, § 1, 3-4-2024)

(a)

Upon receipt of an application, the planning commission shall set a date for public hearing not less than 20 days or more than 60 days from the date of filing. Fifteen days' notice of the public hearing shall be given by the planning commission by publication in a newspaper of general circulation in the city. In addition to the notice required above, notice of a public hearing on any proposed zoning change shall be given 20 days prior to the hearing by mailing a written notice by the secretary of the planning commission to all owners of property within a 300-foot radius of the exterior boundary of the subject property.

(b)

The notice shall contain:

(1)

Legal description of the property and the street address or approximate location;

(2)

Present zoning and classification of the property and the classification sought by the applicant.

(c)

In addition to the notice provided above, notice of public hearing of any zoning change shall be given at least 15 days prior to the public hearing by a sign or signs as may be required, placed on the property affected by such proposed zoning reclassification. Such sign or signs and lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces. It shall be the responsibility of the applicant to ensure that the sign shall remain posted and visible during and after inclement weather (windstorms, etc.) from the day of posting until the day of public hearing. It shall contain:

(1)

The date, time and place of the public hearing;

(2)

By whom the public hearing will be conducted;

(3)

The desired zoning classification;

(4)

The proposed use of the property; and

(5)

Other information as deemed necessary to provide adequate and timely public notice.

(Code 1990, § 12-393; Code 2010, § 12-393; Code 2013, § 48-64)

(a)

After notice and public hearing, the planning commission shall vote to:

(1)

Recommend to the city council that the application be approved as submitted, or as amended, or be approved subject to such modification as the planning commission shall deem appropriate to carry out the comprehensive plan; or

(2)

Recommend to the city council the application be denied.

(b)

An application recommended for approval, or approval subject to modification, shall be transmitted to the city council with the report and recommendation of the planning commission within 15 days from the date of planning commission action.

(c)

An application recommended for denial shall not be considered further unless the applicant, within 15 days from the date of the planning commission action, files a written request with the city council for a hearing, Upon notice of such request, the planning commission shall forthwith transmit the application and its report and recommendation and approved copy of its minutes on the hearing to the city council. The city clerk/treasurer shall notify all interested parties of record before the planning commission proceedings of the time and place of the consideration of the appeal provided for in this section.

(Code 1990, § 12-394; Code 2010, § 12-394; Code 2013, § 48-65; Ord. No. 864, § 1, 3-4-2024)

The city council shall hold a hearing on each application regularly transmitted, or which has been transmitted pursuant to an appeal as provided for in section 48-65. The city council shall approve the application as submitted and recommended by the planning commission, or approve the application subject to modification, or deny the application, or return the application to the planning commission for further study.

(Code 1990, § 12-395; Code 2010, § 12-395; Code 2013, § 48-66)

If a written protest against an amendment, change or repeal of these regulations or any part thereof is presented, duly signed and acknowledged more than three days prior to the public hearing by the owners of 20 percent or more of the area of the lots included in such proposed change, or by the owners of 50 percent or more of the area of the lots within a 300-foot radius of the exterior boundary of the territory included in a proposed change, such amendment shall not become effective except by the favorable vote of three members of the city council.

(Code 1990, § 12-396; Code 2010, § 12-396; Code 2013, § 48-67)