In order to guide and accomplish coordinated and harmonious development of the municipality and county which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development, the city planning and zoning commission, referred to throughout this article as the planning and zoning commission, is hereby created and established.

(Code 1958, § 2-26; Code 1991, § 22-376; Ord. of 8-12-1991, § II)

The city planning and zoning commission shall consist of nine members appointed by the city council. The seven city appointees to the former city-county planning and zoning commission shall continue to serve on the new city planning and zoning commission until the ends of their present terms. Thereafter the terms of all members shall be as set forth in section 22-529. Attendance by five members at any regular or specially scheduled meeting of the city planning and zoning commission shall constitute a quorum.

(Code 1958, § 2-27; Code 1991, § 22-377; Ord. of 8-12-1991, § III(2-27))

The two new members of the new city planning and zoning commission named concurrently with the adoption of the ordinance from which this article is derived shall serve until December 31, 1993. Thereafter, the terms for members appointed to those two positions shall be four years, and the terms of all other members of the city planning and zoning commission shall be four years.

(Code 1958, § 2-28; Code 1991, § 22-378; Ord of 8-12-1991, IV(2-28); Ord. of 1-9-2023, § XI)

Editor's note— An Ord. adopted January 9, 2023 amended the title of § 22-529 by removing "compensation."

The planning and zoning commission shall elect its chairperson from among its members. The term of the chairperson shall be one year with eligibility for reelection. The commission shall appoint a secretary who may be an officer or employee of the municipality or the county. The planning and zoning commission shall make its own rules of procedure and determine its time of meeting. All meetings of the planning and zoning commission at which official action is taken shall be open to the public and all records of the commission shall be public records.

(Code 1958, § 2-29; Code 1991, § 22-379)

The planning and zoning commission may appoint such employees and staff as it may deem necessary for its work and may contract with the state planning agency and with city planners and other consultants for such services as it may require. The expenditures of the planning and zoning commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the governing authorities of the city and the county.

(Code 1958, § 2-31; Code 1991, § 22-381)

(a)

The planning and zoning commission shall hear and recommend after a public hearing conditional uses as authorized by section 22-121(c), schedule of permitted uses, or section 22-94, conditional uses, historic district. The application to establish use shall be approved on a finding by the city council that:

(1)

The proposed use will not be contrary to the purpose of this article.

(2)

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood nor affect adversely the health and safety of residents and workers.

(3)

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement noise or fumes generation, or type of physical activity.

(4)

The proposed use will not be affected adversely by the existing uses, and the proposed use will be placed on a lot of sufficient size to satisfy the space requirements of such use.

(5)

The parking and all development standards set forth for each particular use for which a permit may be granted have been met.

(b)

The city council may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood, provided that whenever the city council shall find, in the case of any permit granted pursuant to the provisions of this article that any term, conditions or restrictions upon which such permit was granted are not being complied with, the council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

(Code 1958, § 24-20; Code 1991, § 22-382; Ord. of 3-22-1976)