Planning - C13
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13.04   Planning Commission





            13.04.01          Created

            13.04.02          Removal

            13.04.03          Compensation

            13.04.04          Powers

            13.04.05          Plans

            13.04.06          Certification

            13.04.07          Filed

            13.04.08          Alterations

            13.04.09          Approval by Commission

            13.04.10          Subdivisions

            13.04.11          Authority

            13.04.12          Meetings

            13.04.13          Reports

            13.04.14          Requests and petitions

            13.04.01 Created There is hereby created a commission to be known as the City Planning Commission for the city of Johnson, Arkansas, to be composed of seven (7) members who shall be appointed by the Mayor and confirmed by a majority vote of the duly elected members of the City Council. The two newly appointed Commissioners shall serve for terms of one and two years respectively, and their successors shall be appointed to terms of five (5) years. Vacancies shall likewise be filled as herein provided, and any Commissioner appointed to fill any such vacancy shall serve the remainder of the term thereof. (Ord. No. 96-27, Sec. 1.)


            13.04.02 Removal Any Commissioner appointed by the provisions of this ordinance may be removed upon a majority vote of the duly elected and qualified members of the City Council. (Ord. No. 96-27, Sec. 2.)

            13.04.03 Compensation

A.        Effective with all Planning Commission meetings that occur after

December 31, 2012, each Planning Commission member attending a regular meeting or special meeting of the Johnson Planning Commission (setting as a Commissioner or member of the Board of Adjustment) shall receive compensation at the rate of $25.00 per meeting not to exceed a maximum of /5 meetings per calendar year.

B.        This compensation is in addition to sums that a Commissioner may be

reimbursed for actual expenses incurred in carrying out the functions of the Commission.

C.        Payment of this compensation shall be once per year during the month of

December in the manner that City Council members are paid concerning withholding of taxes, Social Security and Medicare. (Ord. No. 2012-12, Secs-. 1-3.)

            13.04.04 Powers The Planning Commission shall have all the powers, duties and functions applicable to municipal Planning Commission as conferred upon the city of Johnson, Washington County by Act 186 of the Acts of Arkansas, 1957, and amendatory acts thereto conferring the power to adopt and enforce a plan or plans for the coordinated, adjusted and harmonious development of the city and its environs which will promote, “in accordance with present and future needs,” the safety, morals, order convenience, prosperity and general welfare of the citizens; and provide for efficiency and economy in the process of development, for the appropriate and best use of land, for convenience of traffic and circulation of people and goods, for safety from fire and other dangers, for adequate light and air in the use and occupancy in buildings, for healthful and convenient distribution of population, for good civic design and arrangement, for adequate public utilities and facilities, and for a wise and efficient expenditure of funds; and for other public purposes. (Ord. No. 22, Sec. 4.)

            13.04.05 Plans All plans of the city or any portion thereof recommended ordinances and regulations of the City Planning Commission shall be adopted by resolution, and, after public hearing thereon, notice of the time and place of which the public hearing shall be published in a newspaper of general circulation in the city, at least one time fifteen (15) days prior to the hearing, and any such plan may include in addition to the matters referred to in 13.04.04, the following subjects:


A.        A master street plan, which with accompanying maps, plats, charts, and descriptive matter shall designate the general location, character and extent of streets, viaducts, subways, bridges, waterways, waterfronts, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public buildings and property, and the general location and extent of public utilities and terminals, whether publicly or privately owned or operated for light, water, sanitation, transportation, communication, power or other purposes.

B.        The plan may also include reservations of locations for mapped streets, for future public acquisition and may provide for the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of the ways, grounds, open spaces, building, property, utilities or terminals shown on the master street plan provided for in subsection (A) above.

C.        The plan may designate defined zones within the legal boundaries of the city and prescribe the character, height, area, bulk, location, and use of buildings and premises within the respective zones. The city may be divided into districts of such shape and area as may be deemed advisable, within which the erection, construction, reconstruction, alteration, repair or use of buildings, structures or premises may be regulated or restricted. (Ord. No. 22,No. 22, Sec. 5.)

13.04.06 Certification Following the adoption of such plan and any amendments, changes, additions or alteration thereof by a majority vote of the entire Planning Commission, said Commission shall certify such adopted plan or plans or recommended ordinances and regulations to the City Council for its adoption. The City Council may return any such plan or plans and recommended ordinances and regulations to the Commission for further study or recertification, or by a majority vote of the entire membership may adopt by ordinance or resolution such plan or plans and recommended ordinances or regulations submitted by the Commission. (Ord. No. 22, Sec. 6.)

13.04.07 Filed Following adoption by the City Council of the incorporated city of Johnson, all adopted plans, ordinances and regulations shall be filed in the office of the Recorder/Treasurer, and a certified copy thereof shall also be filed in the office of the Recorder of the County of Washington. (Ord. No. 22, Sec. 7.)

13.04.08 Alterations After adoption by the City Council of any plans, ordinances, and regulations, and proper filing thereof in the offices of the City Clerk and County Recorder, no alteration, amendment, extension, abridgement or discontinuance of the plans or ordinances may be made except in conformance with the above procedure. (Ord. No. 22, Sec. 8.)

13.04.09 Approval by Commission After adoption and filing as herein provided of the master plan or plans of the municipality or of one or more major sections or districts thereof, no new street, square, park, or other public way, ground or open space, or any public building or structure, or public utility, whether publicly or privately owned, shall be constructed or


authorized in a municipality or in such planned section or district until the location, character and extent thereof shall have been submitted to and approved by the Commission, provided, that in case of disapproval, the Commission shall communicate its reasons to the Council which shall have the power to overrule such disapproval by a recorded vote of not less than two-thirds (2/3) of its entire membership, and provided further, that if the public way, ground, space, building, structure, or utility be one, the authorization or financing of which does not, under the law or charter provisions governing same fall within the province of the City Council, then the submission to the Planning Commission may be by the Board, Commission, or body having such jurisdiction, and the Planning Commission’s disapproval may be overruled by said Board, Commission, or body by a recorded vote of not less than two-thirds (2/3) of its entire membership. The failure of the Planning Commission to act within sixty (60) days from and after the date of official submission of the proposal shall be deemed approval. (Ord. No. 22, Sec. 9.)

13.04.10 Subdivisions After a Master Street Plan is adopted and filed for record, no plat of a subdivision of any land within the territorial limits shall be received for record or recorded until it shall have been approved by the Commission, nor shall any street, alley, square, park, public way, ground, open space, public building or structure, or public utility, whether publicly or privately owned, be constructed or authorized in the municipality, or in the planned section or district, until the location, character and extent thereof shall have been approved. This section shall not apply to any public way, space, building, structure, or utility owned by the state or by any government agency.

Before exercising the powers granted in this section, the Planning Commission shall prepare and adopt rules governing the subdivision of land within its jurisdiction. Such regulations may provide for the proper location and width of streets, building lines, open spaces, safety, recreations, and for the avoidance of congestion of population, including minimum width and area of lots and the installation, or the furnishing of bonds in lieu of installation of physical improvements such as street grading and paving, sewers, water and other utilities, which are necessary to protect the public health and the general welfare.

Such regulations shall be adopted only after a public hearing has been held thereon, fifteen (15) days’ notice of which shall have been published in a newspaper having general circulation in the city. The powers of this section shall not be exercised so as to deprive the owner of any existing property of its use or maintenance for the purpose to which it is lawfully devoted. (Ord. No. 22, Sec. 10.)

13.04.11 Authority It shall be the duty of the city officials, department heads, and the employees generally to render assistance to the Planning Commission in the way of information, advice and cooperation. A special committee shall be appointed tin the Council for these purposes. The Council shall have no vote in the Commission. It is not intended to supplant the Council, Council committees or city departments except that matters coming within the purview of the Planning Commission shall be referred to that body to the end that there shall be proper correlation of thought and the furtherance of comprehensive plans for all betterments carried out by the city. (Ord. No. 22, Sec. 11.)


13.04.12 Meetings The City Planning Commission shall meet at least monthly on regular meeting dates, but other meetings may be held at any time by the Commission or upon the call of the Mayor and City Council. (Ord. No. 22, Sec. 12.)

13.04.13 Reports The Planning Commission shall make an annual report to the City Council for the previous year as soon as possible in the new year. It shall make such supplementary reports as it sees fit from time to time. (Ord. No. 22, Sec. 13.)

13.04.14 Requests and petitions

A.        After December 14, 2007, all requests, petitions, matters and issues to be presented to the Johnson Planning Commission shall be delivered to/filed with the Recorder/Treasurer and/or Building Official at Johnson City Hall by 4:00 p.m. on the first business day of the calendar month in order to be considered by the Planning Commission at its regular meeting to be held that calendar month.

B.        The foregoing submittal deadline shall control all requests for variances, conditional uses, preliminary plats, final plats, rezoning, annexations, large scale development, PUD’s, appeals from the decision of the Building Official, Land Use Plans, Master Street Plans, lot splits, and any other matters which requires a decision or approval by the Planning Commission. (Ord. No. 2007-17, Secs. 1-2.)