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Winfield City Zoning Code

ARTICLE II

Establishment of Planning and Zoning Commission

§ 155.020 Establishment.

[2003 Code, § 155.15; Ord. passed - -1996; Ord. passed - -1997]
By the passing of this chapter, the city hereby establishes and appoints a Planning and Zoning Commission with the powers and duties set forth in this chapter.

§ 155.021 Membership; Terms, Vacancy and Removal.

[2003 Code, § 155.16; Ord. passed - -1996; Ord. passed - -1997]
The Planning and Zoning Commission shall consist of not more than 15, nor less than seven, members, including the Mayor, a member of the Board of Aldermen selected by the Board of Aldermen, the City Engineer or similar city official, and not more than 12 or less than four citizens appointed by the Mayor and approved by the Board of Aldermen. All citizen members of the Planning and Zoning 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 membership shall be filled for the unexpired term by appointment as aforesaid. The Board of Aldermen may remove any citizen member for cause stated in writing and after public hearing.

§ 155.022 Officers, Rules, Records, Employees and Expenditures.

[2003 Code, § 155.17; Ord. passed - -1996; Ord. passed - -1997]
The Planning and Zoning Commission shall elect its Chairperson and Secretary from among the citizen members. The term of Chairperson and Secretary shall be for one year with eligibility for reelection. The Planning and Zoning Commission shall hold regular meetings and special meetings as provided by rule, and shall adopt rules for the transaction of business and keep a record of its proceedings. These records shall be public records. The Planning and Zoning Commission shall appoint the employees and staff necessary for its work, and may contract with city planners and other professional persons for the services it requires. The expenditures of the Planning and Zoning Commission, exclusive of grants and gifts, shall be within the amounts appropriated for the purpose by the Board of Aldermen.

§ 155.023 City Plan.

[2003 Code, § 155.18; Ord. passed - -1996; Ord. passed - -1997]
(A) 
Creation; contents and zoning plan. By the passing of this chapter, the city hereby authorizes the Planning and Zoning Commission to make and adopt a plan for the physical development of the city. The city plan, with the accompanying maps, plats, charts and descriptive explanatory matter, shall show the Planning and Zoning Commission’s recommendations for the physical development and usage 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 Planning and Zoning Commission may also prepare a zoning plan for the regulation of the height, area, bulk, location and use of private, non-profit and public structures and premises, and of population density, for the adoption, enforcement and administration of the zoning plan and shall conform to the provisions of this chapter.
(B) 
How prepared, purposes. In the preparation of the city plan, the Planning and Zoning Commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the city. The plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the city which will, in accordance with existing and future needs, best promote the general welfare, as well as efficiency and economy, in the process of development.
(C) 
Adoption of plan; procedure. The Planning and Zoning Commission may adopt the 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 part thereof, to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. Before the adoption, amendment or extension of the plan or portion thereof, the Planning and Zoning 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 city. The hearing may be adjourned from time to time. The adoption of the plan requires a majority vote of the full membership of the Planning and Zoning Commission. The resolution shall refer expressly to the maps, descriptive material, and other materials intended by the Planning and Zoning Commission to form the whole or part of the plan and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the Secretary of the Planning and Zoning Commission and filed in the office of the Planning and Zoning Commission, identified properly by file number, and a copy of the plan or part thereof shall be set aside to the Board of Aldermen and the City Clerk, and a copy shall be available in the office of the county’s Recorder of Deeds and shall be available at the City Clerk’s office for public inspection during normal office hours.

§ 155.024 Powers of Planning and Zoning Commission; Recommendations.

[2003 Code, § 155.19; Ord. passed - -1996; Ord. passed - -1997]
The Planning and Zoning Commission may make reports and recommendations relating to the plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the Mayor or Board of Aldermen programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the Planning and Zoning Commission, within a reasonable time, all available information it requires for its work. The Planning and Zoning Commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys. In general, the Planning and Zoning Commission shall have the power necessary to enable it to perform its functions and promote the planning of the city.

§ 155.025 Improvements; Procedure Governing Planning and Zoning Commission Disapproval; How Overruled.

[2003 Code, § 155.20; Ord. passed - -1996; Ord. passed - -1997]
Whenever the Planning and Zoning Commission adopts the plan of the city 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 and portion thereof, shall be constructed or authorized in the city until the location, extent and character thereof have been submitted to and approved by the Planning and Zoning Commission. In case of disapproval, the Planning and Zoning Commission shall communicate its reasons to the Board of Aldermen, and the Board of Aldermen, by vote of not less than two-thirds of its entire membership, may overrule the disapproval and, upon the overruling, the Board of Aldermen shall instruct the Planning and Zoning Commission to proceed with the approval of the proposal in accordance with the ruling of the Board of Aldermen. 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 is subject to similar submission and approval, and the failure to approve may be singularly overruled. The failure of the Planning and Zoning Commission to act within 60 days after the date of official submission to it shall be deemed approval.

§ 155.026 Recommendations to Board of Aldermen on Plats; when required.

[2003 Code, § 155.21; Ord. passed - -1996; Ord. passed - -1997]
When the Planning and Zoning 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’s Recorder, no plat of a subdivision of land lying within the city shall be filed or recorded until it has been submitted to and a report and recommendation thereon made by the Planning and Zoning Commission to the Board of Aldermen and the Board of Aldermen has approved the plat as provided by law.

§ 155.027 Regulations Governing Subdivision of Land; Content and Public Hearing.

[2003 Code, § 155.22; Ord. passed - -1996; Ord. passed - -1997]
(A) 
The Planning and Zoning Commission shall recommend and the Board of Aldermen may by ordinance adopt regulations governing the subdivision of land within the city. The regulations, in addition to the requirements provided by law for the approval of plats, may provide requirements for coordinated development of the city; so that there is coordination of streets within subdivisions with other existing or planned streets or with other features of the city plan or official map of the city; or adequate open spaces for traffic, recreation, light and air; and for distribution of population and traffic.
(B) 
(1) 
The regulation may include requirements as to the extent and manner in which the streets of the subdivision and any designated portions thereto shall be graded and improved as well as including requirements as to the extent and manner of the installation of all utilities facilities, and compliance with all these requirements is a condition precedent to the approval of the plat. The regulations or practice of the Board of Aldermen may provide for the tentative approval of the plat prior to the improvements and installation thereof; but any tentative approval shall not be entered on the plat.
(2) 
The Board of Aldermen may require, in lieu of the completion of the work and installations prior to the final approval of a plat, the following:
(a) 
A bond in an amount and with surety and conditions satisfactory to it, providing for and securing actual construction, installation and costs of the improvements and utilities within a period specified by the Board of Aldermen and expressed in the bond; and the Board of Aldermen may enforce the bond by all appropriate legal and equitable remedies; and
(b) 
An assessment or other method whereby the Board of Aldermen is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision.
(3) 
The Board of Aldermen hereby reserve the right to provide for the dedication, reservation or acquisition of lands and open spaces necessary for public uses indicated on the city plan and for appropriate means of providing for the compensation, including reasonable charges against the subdivision, if any, and over a period of time and in a manner as is in the public interest.
(C) 
Before the adoption of its subdivision regulations or any amendment thereof, a duly-advertised public hearing thereon shall be held by the Board of Aldermen.

§ 155.028 Approval of Plats.

[2003 Code, § 155.23; Ord. passed - -1996; Ord. passed - -1997]
(A) 
Generally. Within 60 days after the submission of a plat to the Planning and Zoning Commission, the Planning and Zoning Commission shall approve or disapprove the plat; otherwise, the plat is deemed approved by the Planning and Zoning Commission; except that, the Planning and Zoning Commission, with the consent of the applicant for the approval, may extend the 60-day period. The ground of disapproval of any plat by the Planning and Zoning Commission shall be made a matter of record.
(B) 
Effects of approval. The approval of a plat by the Planning and Zoning Commission does not constitute or affect an acceptance by the city or public of the dedication to public use of any street or other ground shown upon the plat.
(C) 
Recording. Any subdivision plat approved by the Board of Aldermen or Planning and Zoning Commission must have endorsed upon it the approval of the Board of Aldermen under the hand of the Clerk and the seal of the city or by the Secretary of the Planning and Zoning Commission prior to it being filed or received for filing by the county’s Recorder.