12-747.   Same; comprehensive plan; contents;procedure for adoption; annualreview of plan.(a) A city planning commission is hereby authorized to make or cause to be madea comprehensive plan for the development of such city and any unincorporatedterritory lying outside of the city but within the same county in which suchcity is located, which in the opinion of the planning commission, forms thetotal community of which the city is a part. The city shall notify the board ofcounty commissioners in writing of its intent to extend the planning area intothe county. A county planning commission is authorized to make or cause to bemade a comprehensive plan for the coordinated development of the county,including references to planning for cities as deemed appropriate. Theprovisions of this subsection may be varied through interlocal agreements.

      (b)   The planning commission may adopt and amend a comprehensive plan as awhole by a single resolution, or by successive resolutions, the planningcommission may adopt or amend parts of the plan. Such resolution shall identifyspecifically any written presentations, maps, plats, charts or other materialsmade a part of such plan. In the preparation of such plan, the planningcommission shall make or cause to be made comprehensive surveys and studies ofpast and present conditions and trends relating to land use, population andbuilding intensity, public facilities, transportation and transportationfacilities, economic conditions, natural resources and may include any otherelement deemed necessary to the comprehensive plan. Such proposed plan shallshow the commission's recommendations for the development or redevelopment ofthe territory including: (a) The general location, extent and relationship ofthe use of land for agriculture, residence, business, industry, recreation,education, public buildings and other community facilities, major utilityfacilities both public and private and any other use deemed necessary; (b)population and building intensity standards and restrictions and theapplication of the same; (c) public facilities including transportationfacilities of all types whether publicly or privately owned which relate to thetransportation of persons or goods; (d) public improvement programming basedupon a determination of relative urgency; (e) the major sources and expenditureof public revenue including long range financial plans for the financing ofpublic facilities and capital improvements, based upon a projection of theeconomic and fiscal activity of the community, both public and private; (f)utilization and conservation of natural resources; and (g) any other elementdeemed necessary to the proper development or redevelopment of the area. Beforeadopting or amending any such plan or part thereof, the planning commissionshall hold a public hearing thereon, notice of which shall be published atleast once in the official city newspaper in the case of a city or in theofficial county newspaper in the case of a county. Such notice shall bepublished at least 20 days prior to the date of the hearing. Upon the adoptionor amendment of any such plan or part thereof by adoption of the appropriateresolution by a majority vote of all members of the planning commission, acertified copy of the plan or partthereof, together with a written summary of the hearing thereon, shall besubmitted to the governing body. No comprehensive plan shall be effectiveunless approved by the governing body as provided by this section. Thegoverning body either may: (1) Approve such recommendations by ordinancein a city or resolution in a county; (2) override the planning commission'srecommendations by a 2/3 majority vote; or (3) may return the same to theplanning commission for further consideration, together with a statementspecifying the basis for the governing body's failure to approve ordisapprove. If the governing body returns the planning commission'srecommendations, theplanning commission, after considering the same, may resubmit its originalrecommendations giving the reasons therefor or submit new and amendedrecommendations. Upon the receipt of such recommendations, the governing body,by a simple majority thereof, may adopt or may revise or amend and adopt suchrecommendations by the respective ordinance or resolution, or it need take nofurther action thereon. If the planning commission fails to deliver itsrecommendations to the governing body following the planning commission's nextregular meeting after receipt of the governing body's report, the governingbody shall consider such course of inaction on the part of the planningcommission as a resubmission of the original recommendations and proceedaccordingly. The comprehensive plan and any amendments thereto shall becomeeffective upon publication of the respective adopting ordinance or resolution.

      (c)   An attested copy of the comprehensive plan and any amendments theretoshall be sent to all other taxing subdivisions in the planning area whichrequest a copy of such plan. Such plan or part thereof shall constitute thebasis or guide for public action to insure a coordinated and harmoniousdevelopment or redevelopment which will best promote the health, safety,morals, order, convenience, prosperity and general welfare as well as wise andefficient expenditure of public funds.

      (d)   At least once each year, the planning commission shall review orreconsider the plan or any part thereof and may propose amendments, extensionsor additions to the same. The procedure for the adoption of any suchamendment, extension or addition to any plan or part thereof shall be the sameas that required for the adoption of the original plan or part thereof.

      History:   L. 1991, ch. 56, § 7;L. 1997, ch. 147, § 4; May 1.