12-747.Same; comprehensive plan; contents;
procedure for adoption; annual
review of plan.
(a) A city planning commission is hereby authorized to make or cause to be made
a comprehensive plan for the development of such city and any unincorporated
territory lying outside of the city but within the same county in which such
city is located, which in the opinion of the planning commission, forms the
total community of which the city is a part. The city shall notify the board of
county commissioners in writing of its intent to extend the planning area into
the county. A county planning commission is authorized to make or cause to be
made a comprehensive plan for the coordinated development of the county,
including references to planning for cities as deemed appropriate. The
provisions of this subsection may be varied through interlocal agreements.
(b) The planning commission may adopt and amend a comprehensive plan as a
whole by a single resolution, or by successive resolutions, the planning
commission may adopt or amend parts of the plan. Such resolution shall identify
specifically any written presentations, maps, plats, charts or other materials
made a part of such plan. In the preparation of such plan, the planning
commission shall make or cause to be made comprehensive surveys and studies of
past and present conditions and trends relating to land use, population and
building intensity, public facilities, transportation and transportation
facilities, economic conditions, natural resources and may include any other
element deemed necessary to the comprehensive plan. Such proposed plan shall
show the commission's recommendations for the development or redevelopment of
the territory including: (a) The general location, extent and relationship of
the use of land for agriculture, residence, business, industry, recreation,
education, public buildings and other community facilities, major utility
facilities both public and private and any other use deemed necessary; (b)
population and building intensity standards and restrictions and the
application of the same; (c) public facilities including transportation
facilities of all types whether publicly or privately owned which relate to the
transportation of persons or goods; (d) public improvement programming based
upon a determination of relative urgency; (e) the major sources and expenditure
of public revenue including long range financial plans for the financing of
public facilities and capital improvements, based upon a projection of the
economic and fiscal activity of the community, both public and private; (f)
utilization and conservation of natural resources; and (g) any other element
deemed necessary to the proper development or redevelopment of the area. Before
adopting or amending any such plan or part thereof, the planning commission
shall hold a public hearing thereon, notice of which shall be published at
least once in the official city newspaper in the case of a city or in the
official county newspaper in the case of a county. Such notice shall be
published at least 20 days prior to the date of the hearing. Upon the adoption
or amendment of any such plan or part thereof by adoption of the appropriate
resolution by a majority vote of all members of the planning commission, a
certified copy of the plan or part
thereof, together with a written summary of the hearing thereon, shall be
submitted to the governing body. No comprehensive plan shall be effective
unless approved by the governing body as provided by this section. The
governing body either may: (1) Approve such recommendations by ordinance
in a city or resolution in a county; (2) override the planning commission's
recommendations by a 2/3 majority vote; or (3) may return the same to the
planning commission for further consideration, together with a statement
specifying the basis for the governing body's failure to approve or
disapprove. If the governing body returns the planning commission's
recommendations, the
planning commission, after considering the same, may resubmit its original
recommendations giving the reasons therefor or submit new and amended
recommendations. Upon the receipt of such recommendations, the governing body,
by a simple majority thereof, may adopt or may revise or amend and adopt such
recommendations by the respective ordinance or resolution, or it need take no
further action thereon. If the planning commission fails to deliver its
recommendations to the governing body following the planning commission's next
regular meeting after receipt of the governing body's report, the governing
body shall consider such course of inaction on the part of the planning
commission as a resubmission of the original recommendations and proceed
accordingly. The comprehensive plan and any amendments thereto shall become
effective upon publication of the respective adopting ordinance or resolution.
(c) An attested copy of the comprehensive plan and any amendments thereto
shall be sent to all other taxing subdivisions in the planning area which
request a copy of such plan. Such plan or part thereof shall constitute the
basis or guide for public action to insure a coordinated and harmonious
development or redevelopment which will best promote the health, safety,
morals, order, convenience, prosperity and general welfare as well as wise and
efficient expenditure of public funds.
(d) At least once each year, the planning commission shall review or
reconsider the plan or any part thereof and may propose amendments, extensions
or additions to the same. The procedure for the adoption of any such
amendment, extension or addition to any plan or part thereof shall be the same
as 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.
12-747.Same; comprehensive plan; contents;
procedure for adoption; annual
review of plan.
(a) A city planning commission is hereby authorized to make or cause to be made
a comprehensive plan for the development of such city and any unincorporated
territory lying outside of the city but within the same county in which such
city is located, which in the opinion of the planning commission, forms the
total community of which the city is a part. The city shall notify the board of
county commissioners in writing of its intent to extend the planning area into
the county. A county planning commission is authorized to make or cause to be
made a comprehensive plan for the coordinated development of the county,
including references to planning for cities as deemed appropriate. The
provisions of this subsection may be varied through interlocal agreements.
(b) The planning commission may adopt and amend a comprehensive plan as a
whole by a single resolution, or by successive resolutions, the planning
commission may adopt or amend parts of the plan. Such resolution shall identify
specifically any written presentations, maps, plats, charts or other materials
made a part of such plan. In the preparation of such plan, the planning
commission shall make or cause to be made comprehensive surveys and studies of
past and present conditions and trends relating to land use, population and
building intensity, public facilities, transportation and transportation
facilities, economic conditions, natural resources and may include any other
element deemed necessary to the comprehensive plan. Such proposed plan shall
show the commission's recommendations for the development or redevelopment of
the territory including: (a) The general location, extent and relationship of
the use of land for agriculture, residence, business, industry, recreation,
education, public buildings and other community facilities, major utility
facilities both public and private and any other use deemed necessary; (b)
population and building intensity standards and restrictions and the
application of the same; (c) public facilities including transportation
facilities of all types whether publicly or privately owned which relate to the
transportation of persons or goods; (d) public improvement programming based
upon a determination of relative urgency; (e) the major sources and expenditure
of public revenue including long range financial plans for the financing of
public facilities and capital improvements, based upon a projection of the
economic and fiscal activity of the community, both public and private; (f)
utilization and conservation of natural resources; and (g) any other element
deemed necessary to the proper development or redevelopment of the area. Before
adopting or amending any such plan or part thereof, the planning commission
shall hold a public hearing thereon, notice of which shall be published at
least once in the official city newspaper in the case of a city or in the
official county newspaper in the case of a county. Such notice shall be
published at least 20 days prior to the date of the hearing. Upon the adoption
or amendment of any such plan or part thereof by adoption of the appropriate
resolution by a majority vote of all members of the planning commission, a
certified copy of the plan or part
thereof, together with a written summary of the hearing thereon, shall be
submitted to the governing body. No comprehensive plan shall be effective
unless approved by the governing body as provided by this section. The
governing body either may: (1) Approve such recommendations by ordinance
in a city or resolution in a county; (2) override the planning commission's
recommendations by a 2/3 majority vote; or (3) may return the same to the
planning commission for further consideration, together with a statement
specifying the basis for the governing body's failure to approve or
disapprove. If the governing body returns the planning commission's
recommendations, the
planning commission, after considering the same, may resubmit its original
recommendations giving the reasons therefor or submit new and amended
recommendations. Upon the receipt of such recommendations, the governing body,
by a simple majority thereof, may adopt or may revise or amend and adopt such
recommendations by the respective ordinance or resolution, or it need take no
further action thereon. If the planning commission fails to deliver its
recommendations to the governing body following the planning commission's next
regular meeting after receipt of the governing body's report, the governing
body shall consider such course of inaction on the part of the planning
commission as a resubmission of the original recommendations and proceed
accordingly. The comprehensive plan and any amendments thereto shall become
effective upon publication of the respective adopting ordinance or resolution.
(c) An attested copy of the comprehensive plan and any amendments thereto
shall be sent to all other taxing subdivisions in the planning area which
request a copy of such plan. Such plan or part thereof shall constitute the
basis or guide for public action to insure a coordinated and harmonious
development or redevelopment which will best promote the health, safety,
morals, order, convenience, prosperity and general welfare as well as wise and
efficient expenditure of public funds.
(d) At least once each year, the planning commission shall review or
reconsider the plan or any part thereof and may propose amendments, extensions
or additions to the same. The procedure for the adoption of any such
amendment, extension or addition to any plan or part thereof shall be the same
as 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.
12-747.Same; comprehensive plan; contents;
procedure for adoption; annual
review of plan.
(a) A city planning commission is hereby authorized to make or cause to be made
a comprehensive plan for the development of such city and any unincorporated
territory lying outside of the city but within the same county in which such
city is located, which in the opinion of the planning commission, forms the
total community of which the city is a part. The city shall notify the board of
county commissioners in writing of its intent to extend the planning area into
the county. A county planning commission is authorized to make or cause to be
made a comprehensive plan for the coordinated development of the county,
including references to planning for cities as deemed appropriate. The
provisions of this subsection may be varied through interlocal agreements.
(b) The planning commission may adopt and amend a comprehensive plan as a
whole by a single resolution, or by successive resolutions, the planning
commission may adopt or amend parts of the plan. Such resolution shall identify
specifically any written presentations, maps, plats, charts or other materials
made a part of such plan. In the preparation of such plan, the planning
commission shall make or cause to be made comprehensive surveys and studies of
past and present conditions and trends relating to land use, population and
building intensity, public facilities, transportation and transportation
facilities, economic conditions, natural resources and may include any other
element deemed necessary to the comprehensive plan. Such proposed plan shall
show the commission's recommendations for the development or redevelopment of
the territory including: (a) The general location, extent and relationship of
the use of land for agriculture, residence, business, industry, recreation,
education, public buildings and other community facilities, major utility
facilities both public and private and any other use deemed necessary; (b)
population and building intensity standards and restrictions and the
application of the same; (c) public facilities including transportation
facilities of all types whether publicly or privately owned which relate to the
transportation of persons or goods; (d) public improvement programming based
upon a determination of relative urgency; (e) the major sources and expenditure
of public revenue including long range financial plans for the financing of
public facilities and capital improvements, based upon a projection of the
economic and fiscal activity of the community, both public and private; (f)
utilization and conservation of natural resources; and (g) any other element
deemed necessary to the proper development or redevelopment of the area. Before
adopting or amending any such plan or part thereof, the planning commission
shall hold a public hearing thereon, notice of which shall be published at
least once in the official city newspaper in the case of a city or in the
official county newspaper in the case of a county. Such notice shall be
published at least 20 days prior to the date of the hearing. Upon the adoption
or amendment of any such plan or part thereof by adoption of the appropriate
resolution by a majority vote of all members of the planning commission, a
certified copy of the plan or part
thereof, together with a written summary of the hearing thereon, shall be
submitted to the governing body. No comprehensive plan shall be effective
unless approved by the governing body as provided by this section. The
governing body either may: (1) Approve such recommendations by ordinance
in a city or resolution in a county; (2) override the planning commission's
recommendations by a 2/3 majority vote; or (3) may return the same to the
planning commission for further consideration, together with a statement
specifying the basis for the governing body's failure to approve or
disapprove. If the governing body returns the planning commission's
recommendations, the
planning commission, after considering the same, may resubmit its original
recommendations giving the reasons therefor or submit new and amended
recommendations. Upon the receipt of such recommendations, the governing body,
by a simple majority thereof, may adopt or may revise or amend and adopt such
recommendations by the respective ordinance or resolution, or it need take no
further action thereon. If the planning commission fails to deliver its
recommendations to the governing body following the planning commission's next
regular meeting after receipt of the governing body's report, the governing
body shall consider such course of inaction on the part of the planning
commission as a resubmission of the original recommendations and proceed
accordingly. The comprehensive plan and any amendments thereto shall become
effective upon publication of the respective adopting ordinance or resolution.
(c) An attested copy of the comprehensive plan and any amendments thereto
shall be sent to all other taxing subdivisions in the planning area which
request a copy of such plan. Such plan or part thereof shall constitute the
basis or guide for public action to insure a coordinated and harmonious
development or redevelopment which will best promote the health, safety,
morals, order, convenience, prosperity and general welfare as well as wise and
efficient expenditure of public funds.
(d) At least once each year, the planning commission shall review or
reconsider the plan or any part thereof and may propose amendments, extensions
or additions to the same. The procedure for the adoption of any such
amendment, extension or addition to any plan or part thereof shall be the same
as 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.