§ 9.06. Effect of adoption of master plan.

Whenever the commission shall have adopted a master plan for the city or one or more parts thereof, geographical, topographical or functional, and the master plan of such part or parts thereof shall have been approved by the council and it has been certified by the council to the clerk of the corporation court and filed by him with the court records, then and thereafter no street, square, park or other public way, ground, open space, public building or structure, shall be construed or authorized in the city or in the planned section or division thereof until and unless the general location, character and extent thereof has been submitted to and approved by the commission. No widening, extension, narrowing, enlargement, vacation or change in the use of streets and other public ways, grounds and places within the city, nor the sale of any land held by the city, shall be authorized to take place unless such transactions shall have been first submitted to and approved by the commission; and no public utility, whether publicly or privately owned, shall be constructed or authorized in the city or in the planned section or division thereof until and unless its general location, but not its character and extent, has been submitted to and approved by the commission; and no ordinance giving effect to, or amending the comprehensive zoning plan as provided in section 9.09 of this chapter shall be adopted until such application on motion for such change has been submitted to and approved by the commission. In case of disapproval in any of the instances enumerated above the commission shall communicate its reasons to the council which shall not have the power to overrule such action except by a recorded affirmative vote of three-fourths of the members of the council, except as otherwise provided in section 9.12 of this chapter. The failure of the commission to act within sixty days from the date of the official submission to it shall be deemed approval. The foregoing provisions of this section shall not be deemed to apply to the pavement, repavement, reconstruction, improvement, underground pipes and conduits, drainage, or other work in or upon any existing street or other existing public way. (Acts 1956, ch. 262, § 1; Acts 1962, ch. 61, § 1)