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Ordinance No. 26-29 - Appointment of a City Planning and Zoning Commission and Defining Its Powers and Duties (found with Comp Plan for Planning/Zoning Comm 1932)ORDINANCE NO. 26-29 AN ORDINANCEPROVIDING FOR THE APPOINTMENT. OF A CITY PLANNING AND ZONING COMMISSION AND DEFINING ITS POWERS AND DUTIES. WHEREAS, Chgpters 294-Al and 324 of the Code of Iowa, 1927, authorize oities to make provisions for the establishment and appointment of a city planning and zoning commission for the purpose of promoting the health, safety, morals or the general welfare of the same and to that end establish regulations in accordance with a comprehensive plan designed to lessen congestion, secure safety from fire, panio and other dangers; provide adequate light and air; prevent the overcrowding of land, avoid undue concentration of population; facilitate the adequate provision of transportion, water sewerage, schools, parks and other public requirements and, generally, to make provision for the uniform development of such cities; and the city council of the city of Dubuque, deeming it necessary and advisable to appoint a city planning and zoning com- mission in order to carry out the provisions of law relating to the matters above referred tot Now, therefore Be It Ordained by the City Council of the City of Dubuque: PLANNING AND ZONING COMMISSION. Section 1. That there be and there is hereby oreated a city planning and zoning commission, the members of which shall consist of seven citizens of the City of Dubuque who shall be qualified by knowledge and experience to act in matters pertaining to the development of city planning and zoning, none of whom shall hold any elective position in said city. Such members shall be appointed by the city council. TENURE OF OFFICE. Section 2. The term of office of said members shall be five (5) years, except that the members first named shall hold office for such terms, not exceeding five years, that the terms of not more than one- third of the members will expire in any one year. Vacancies occurring on the oonnnission caused by resignation or otherwise shall be filled by the council for the unexpired term. All members of such commission shall serve without compensation except their actual expenses which shall be subject to the approval of the council. ORGANIZATION. Section 3. Such commission shall chose annually, at its first regular meeting, one of its members to act as chairman, and another of its members as vice-ohairman, who shall perform all of the duties of the chair- man during his absence or disability. The commission shall adopt suoh rules. and regulations g$verning its organization and procedure as may be deemed necessary, and it shall make an annual report to the city council on or before the 1st day of March in each year, such report to contain its proceedings with a full statement of its receipts, disbursements and the progress of its work for the preceding fiscal year. It shall be empowered to appoint and employ suoh assistants as may be necessary and presoribe and define their duties and fix their compensation. APPROP3IATION. Section 4. The council shall annually appropriate a sum of money from the general funds for the payment of the expense of such com- mission. The commission shall have full, complete and exclusive authority to expend for and on behalf of such city all sums of money so appropriated. Gifts, donations, or payments whioh are received by such city for city planning and zoning purposes shall be placed in suoh fund, to be used by the commission in a manner appropriate for its purposes. Said commission shall have no power to contract debts beyond the amount of its income for the current year. POWERS Section 5. Said commission shall have and possess the following powers, and such other powers as may be incidental to the successful carrying out of the powers vested in it herein or such as may be expressly conferred upon it by law: 1st. To make such surveys, studies, maps, plans or plats of the whole or any portion of the city and of any land outside thereof, which in the opinion of such commission bears relation to a comprehensive plan, and shall submit such plan to the council with its studies and recommendations and it may pub- lish the same. 2nd. To recommendations for the location or erection of statuary, memorial or work of art in public places; public buildings, bridges, viaducts, street fixtures, public structures or appurtenances and the sites therefor. 3rd. To make recommendations upon plans, plats, or replats of subdivi- sions or resubdivisions in suoh city whioh show streets, alleys or other portions of the same intended to be dedicated for public use. 4th. To make recommendations for street, park,parkway, boulevard, traffic way or other public improvements. 5th. To carry on comprehensive studies of present conditions and the future growth of such city in order to guide and accomplish a co-ordinated, adjusted and harmonious development of suoh city in accordance with the pres- ent and future needs thereof to the end that the health, safety, morals, order, convenience, prosperity and general welfare may be best promoted. 6th. To conduct public hearing upon the adoption of such comprehensive plan or any amendment thereto. 7th. To prepare a comprehensive plan regulating the heighth, number of stories and size of buildings and other sLowtLures; the percentage of ground that may be occupied; the size of yards, courts and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes and to this end shall prepare a preliminary report and hold public hearings thereon and after such hearings have been held, to submit its final report and recommendations to the oity council. 8th. To recommend to the city council, from time to time, as conditions require, amendments, supplements, ohanges or modifications in the comprehen- sive plan prepared by it. 9th. To do all things necessary or advisable in order to carry out the intent and purpose of this ordinanoe and all other ordinances relating to this sub3eat and to the laws of the state of Iowa as they now exist or as the same may be hereafter amended or supplemented. Section 6. This ordinance being deemed urgent and in the interest of public health, safety and general welfare shall be in force and effect from and after its final passage and adoption by the city council and publication as provided by law. Passed upon first reading this 18th day of March, 1929. Passed upon second reading this 22nd day of March, 1929. Passed, adopted and approved upon final reading this 29th day of March, 1929. JOHN H. MACLAY, Mayor. H. F. SCHUCKERT. 11(. H. MEUSER, ED. MoEVOY, EARL YOUNT, Councilmen. Attest: J. J. Shea, City Clerk Pro Tem. Published officially in the Telegraph -Herald and Times -Journal newspaper April lst, 1929. J. J. SHEA, City Clerk Pro Tem. 4-1-it. 0 STATE OF IOWA COUNTY OF DUBUQUE ) CERTIFICATE OF CITY CLERK ss: I, Mary A. Davis, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached "Code of Ordinances, City of Dubuque, Iowa" consisting of Chapters 1 through 38 plus Appendix "A" and Appendix "B" and including codes adopted by references and subdivision cf the same, the same being designated as the "Code of Ordinances, City of Dubuque, Iowa" is in full force and effect from, and after the passage and publication of these ordinances, according to law, and the "Code of Ordinances, City of Dubuque; Towa", shah be in full force and affect from and after November 17, 1986. IN Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque. Dated at Dubuque, Iowa this 10th day of February, 1988. Marv/ A. Davis Clerk of the City of Dubuque, Iowa (SEAL) STATE OF IOWA CITY PLANNING COMMISSION Chapter 294-Al Code of Iowa, 1927 5829-Al. Appointment. The Counoil of each city and town, including com- mission governed cities and special charter cities, may by ordi- nance provide for the establishment of a city plan commission for such munioipality, consisting of not less than seven members, who shall be citizens of such municipality, and who shall be qualified by knowledge or experience to act in hatters pertaining to devel- opment of a city plan, and who shall not hold any bleotive offioe in the municipal government, and who shall be appointed by the Mayor, subject to the approval of the Council (41 G.A., eh. 117, P. 5829-A2. Tenure. The term of office of said members shall be five years, except that the members first named shall have office for such terms, not exceeding five years, that the terms of not more than one-third of the membership will expire in any one year. (41 G.A., ch. 117, p.2). 5829-A3. Vacancies. If any vacancy shall exist on said commission caused by resignation, or otherwise, the Mayor shall appoint a successor for the residue of said term. (41 G. A., ch. 117, p. 2). 5409-A4. Compensation Expenses. All members of the commission shall serve without compensation except their actual expenses, which shall be subjeot to the approval of the Council. (41 G.A., ch. 117, p. 2). 5829-A5. Organization. Suoh city plan commission shall choose, annually, at its first regular meeting, one of its members to act as chair- man of the commission, and another of its members as vioe chairman, who shall perform all the duties of the chairman during his absence or disability (41 G.A., oh. 117, p. 3). 5829-A6. Rules and Regulations. The commission shall adopt rules and regu- lations giverning its organization and procedure as may be deemed necessary (41 G.A. oh. 117, p.3). 5829-A7. Annual Report. The commission each year shall make a report to the Mayor and Council of its proceedings with a full statement of its receipts, disbursements, and the progress of its work for the pre- ceding fiscal year (41 G.A., ch. 117, p.3; 42 G.A., ch. 260, p. 1; Annual fiscal report pp. 5676-Al, 5676-A2.) 5829-A8. Assistants. Subject to the limitations contained in this chapter as to the expenditure of funds, it may appoint such assistants as it may deem necessary and prescribe and define their respective duties and fix and regulate the compensation to be paid to the several persons employed by it (41 G.A., eh. 117, p. 3). 5829-A9. Powers. Such city plan commission shall have full power and author- ity to make or cause to be made such surveys, studies, maps, plans, or charts of the whole or any portion of such municipality and of any land outside thereof which in the opinion of such commission bears relation to a comprehensive plan, and shall bring to the atten- tion of the Council and may publish its studies and recommendations (41 G.A., ch. 117, p. 4). 5829-Ale Recommendations as to Improvements. No statuary, memorial, or or work of art in a public plaoe, and no public building, bridge, viaduot, street fixture, public structure or appurtenance, shall be located or erected or site thereof obtained, nor shall any permit be issued by any department of the municipal government for the erection or location thereof, until and unless the design and proposed location of any such improvement shall have been sub- mitted to the city plan commission and its recommendations thereon obtained (41 G.A., ch. 117, p. 10m 5829- ll. Exceptions. Such requirement for recommendations shall not act as a stay upon action for any such improvement where such com- mission after thirty days' written notice requesting such recom- mendations shall have failed to file same. Said reoorlmendations shall not be necessary as to statuary, memor- ials, or works of art in municipalities where municipal art com- missions have been established (41 G.A., oh. 117, p. 5). 5829-Al2. Approval of Plats. Where such city plan commission exists all plans, plats, or replats of subdivisions or re -subdivisions of land embraced in said municipality or adjacent thereto, Laic. out in lots or plats with the streets, alleys, or other portions of the same intended to be dedicated to the public in such municipal- ity shall first be submitted to the city plan commission and its recommendation obtained before approval by the city council. (41 G.A., ch. 117, p. 6). 5829-A13. Approval of Street or Park Improvement. No plan for any street, park, parkway, boulevard, traffic -way, river -front, or other public improvement affecting the city plan shall be finally ap- proved by the municipality, or the character or location thereof determined, unless such proposal shall first have been submitted to the city plan commission and the latter shall have had thirty days within whichto file its recommendations thereon. (41 G.A., ch. 117, p.7). 5829-A14. Appropriation of Funds. The council of any such municipality, when it shallhave passed an ordinance creating a city plan .come mission, may annually appropriate a sum of money from the general funds for the payment of the expense of such commission. (41 G.A., ch. 1.17, p. 8). 5829-A15. Expenditure of Funds. The said commission. shall have full, com- plete, and exclusive authority to expend for and on behalf of such municipality all sums of money so appropriated (41 G.A., ch. 117,P.8). 5829-A16. Gifts. All gifts, donations, or payment whatsoever which are re- ceived by such municipality for city plan purposes shall be placed in the city plan commissionfund, to be used by the said commission in the same manner as hereinbefore stated (41 G.A., ch. 117, p. 8). 5829-A17. Debt -contracting Powers. The said commission shall have no power to oontraot debts beyond the amount of its income for the current year. (41 G.A., oh. 117, p.L). 5829-b1. Plan--Adoption--Conditions. For the purpose of making a comprehen- sive plan for the physical development of the municipality, the city plan commission shall make careful and comprehensive studies of present conditions and future growth of the municipality and with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accom- plishing a coordinated, adjusted, and harmonious development of the municipality and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, es well as effioi€ncy and economy in the process of development. (42 G.A. oh. 261, p. 1). 5829-b2. Hearin s. Before adopting the said comprehensive plan, or any part of it, or any substantial amendment thereof, the commission. shall hold at least one public hearing thereon, notice of the time whichshall be given by one publication in a newspaper of generalcirculation in the municipality, not less than ten nor more than twenty days before the date of hearing. The adoption. of the plan or part of amendment thereof shall be by resolution of the commission carried by the affirmative vote of not less than two-thirds of the members of the commission. After adop- tion of said plan by the commission, an attested copy thereof shall be certified to the council of said municipality and the council may approve the same, and when said planor any modifica- tion or amendment thereof shall receive the approval of the council, the said plan until subsequently modified or amended as authorized by sections 5829-b1 to 5829-b3, inolusive, shall constitute the official city plan of the said municipality. (42 G.A., eh. 261, p. 2). 5829-b3. Amendment of Plan. When such comprehensive plan has been adopted as above provided for, no substantial amendment or modification thereof shall be made without such proposed change being first referred to the city plan commission for its recommendation. If the city plan commission disapproves the proposed change, it may be adopted by the city council only by the affirmative vote of at least three - fourths of all the membership of such council. (42 G.A., ch. 261, p. 3).