[CC 1978 §415.010; Ord. No. 703 §1]
For the purpose of this Title, the following terms mean or include:
The City Council of the City of Chaffee.
Any public ways.
The division of a parcel of land into two (2) or more lots,
or other divisions of land; it includes resubdivision, and, when appropriate
to the context, relates to the process of subdividing, or to the land
or territory subdivided.
[CC 1978 §415.020; Ord. No. 703 §2]
The City Council of the City of Chaffee shall adopt, amend,
and carry out a City Plan, and appoint a Planning and Zoning Commission
with the powers and duties set forth herein.
[CC 1978 §415.030; Ord. No. 703 §3]
The Planning and Zoning Commission of the City of Chaffee shall
consist of nine (9) members, including the Mayor, if the Mayor chooses
to be a member, a member of the City Council selected by the Council
annually at its first (1st) organizational meeting, if the Council
chooses to have a member serve on the Commission, the City Engineer
or similar official, and seven (7) citizens appointed by the Mayor
and approved by the Council. All citizen members of the Commission
shall serve without compensation. The term of each of the citizen
members shall be for four (4) years, except that the terms of the
citizen members first (1st) appointed shall be for varying periods,
so that the succeeding terms will be staggered. Any vacancy in a membership
shall be filled for the unexpired term by appointment as aforesaid.
The Council may remove any citizen member for cause stated in writing
and after public hearing.
[CC 1978 §415.040; Ord. No. 703 §4]
The Commission shall elect a Chairman and Secretary from among
the citizen members. The term of Chairman and Secretary shall be for
one (1) year with eligibility for re-election. The Commission shall
hold regular meetings and special meetings as they provide by rule,
and shall adopt rules for the transaction of business, and keep a
record of its proceedings. These records shall be public records.
The Commission shall appoint the employees and staff necessary for
its work, and may contract with City planners and other professional
persons for the services that it requires. The expenditures of the
Commission, exclusive of grants and gifts, shall be within the amounts
appropriated for the purpose by the Council.
[CC 1978 §415.050; Ord. No. 703 §5]
The Commission shall make and adopt a City Plan for the physical
development of the City of Chaffee. The City Plan, with the accompanying
maps, plats, charts, and descriptive and explanatory matter, shall
show the Commission's recommendations for the physical development
and uses of land, and may include, among other things, the general
location, character, and extent of streets and other public ways,
grounds, places, and spaces; the general location and extent of public
utilities and terminals, whether publicly or privately owned, the
acceptance, widening, removal, extension, relocation, narrowing, vacation,
abandonment, or change of use of any of the foregoing; the general
character, extent, and layout of the replanning of blighted districts
and slum areas. The Commission shall also prepare a zoning plan for
the regulation of the height, area, bulk, location, and use of private,
non-profit, and public structures and premises, and of population
density.
[CC 1978 §415.060; Ord. No. 703 §6]
In the preparation of the City Plan, the Commission shall make
careful and comprehensive surveys and studies of the existing conditions
and probable future growth of the municipality. The plan shall be
made with the purpose of guiding and accomplishing a coordinated development
of the municipality which will, in accordance with existing and future
needs, best promote the general welfare, as well as efficiency and
economy in the process of development.
[CC 1978 §415.070; Ord. No. 703 §7]
The Commission may adopt the plan as a whole by a single resolution,
or as the work of making the whole City Plan progresses, may from
time to time adopt a part or parts thereof, any part to correspond
generally with one (1) or more of the functional subdivisions of the
subject matter of the plan. Before the approval of the plan or portion
thereof, the Commission shall hold at least one (1) public hearing
thereon. Fifteen (15) days' notice of the time and place of such hearing
shall be published in at least one (1) newspaper having general circulation
within the City of Chaffee. The hearing may be adjourned from time
to time. The adoption of the plan requires a majority vote of the
full membership of the Planning and Zoning Commission. The resolution
shall refer expressly to the maps, descriptive matter, and other matters
intended by the Commission to form the whole or part of the plan and
the action taken shall be recorded on the adopted plan or part thereof
by the identifying signature of the Secretary of the Commission, and
filed in the office of the Commission, identified properly by file
number, and a copy of the plan or part thereof shall be certified
to the Council and the Municipal Clerk, and a copy shall be recorded
in the office of the Scott County Recorder of Deeds.
[CC 1978 §415.080; Ord. No. 703 §8]
All, public officials shall, upon request, furnish to the Commission
within a reasonable time all available information it requires for
its work. The Commission, its members and employees, in the performance
of its functions, may enter upon any land to make examinations and
surveys. In general, the Commission shall have the power necessary
to enable it to perform its functions and promote municipal planning.
[CC 1978 §415.090; Ord. No. 703 §9]
Whenever the Commission adopts the plan of the City of Chaffee
or any department thereof, no street or other public facilities, or
no public utility, whether publicly or privately owned, and the location,
extent, and character thereof having been included in the recommendations
and proposals of the plan or portions thereof, shall be constructed
or authorized in the municipality until the location, extent, and
character thereof has been submitted to and approved by the Planning
and Zoning Commission. In case of disapproval, the Commission shall
communicate its reasons to the Council, and the Council, by vote of
not less than two-thirds (2/3) of its entire membership, may overrule
the disapproval and except that if the public facility or utility
is one the authorization or financing of which does not fall within
the province of the Council, then the submission to the Planning and
Zoning Commission shall be the board having jurisdiction, and the
Planning and Zoning Commission's disapproval may be overruled by that
board by a vote of not less than two-thirds (2/3) of its entire membership.
The acceptance, widening, removal, extension, relocation, narrowing,
vacation, abandonment, change or use, acquisition of land for sale
or lease of any street or other public facility is subject to similar
submission and approval, and the failure to approve may be similarly
overruled. The failure of the Commission to act within sixty (60)
days after the date of official submission to it shall be deemed approval.
[CC 1978 §415.100; Ord. No. 703 §10]
The Commission shall have and perform all of the functions of
the Zoning Commission provided for in Chapter 89, RSMo., and shall
have and perform all of the functions of a Planning Commission as
outlined in said Chapter.
[CC 1978 §415.120; Ord. No. 703 §12]
Before adoption of any subdivision regulations, or any amendment
thereof by the City Council, a duly advertised public hearing thereof
may be held by the Council.
[CC 1978 §415.180; Ord. No. 703 §18]
Whenever a plan for major streets has been adopted, the City
Council, upon recommendation of the Planning and Zoning Commission,
is authorized and empowered to establish, regulate, and limit and
amend, by ordinance, building or setback lines on major streets, and
to prohibit any new building being located within building or setback
lines. When a plan for proposed major streets or other public improvements
has been adopted, the Council may prohibit any new building being
located within the proposed site or right-of-way when the centerline
of the proposed street or the limits of the proposed sites have been
carefully determined and are accurately delineated on maps approved
by the Planning and Zoning Commission and adopted by the Council.
The City Council shall provide for the appointment of a Board
of Adjustment, and in the regulations and restrictions adopted pursuant
to the authority of Sections 89.010 to 89.140, RSMo., may provide
that the Board of Adjustment may determine and vary their application
in harmony with their general purpose and intent and in accordance
with general or specific rules therein contained. The Board of Adjustment
shall consist of five (5) members, who shall be residents of the City
except as provided in Section 305.410, RSMo. The membership of the
first Board appointed shall serve respectively, one (1) for one (1)
year, one (1) for two (2) years, one (1) for three (3) years, one
(1) for four (4) years, and one (1) for five (5) years. Thereafter
members shall be appointed for terms of five (5) years each. Three
(3) alternate members may be appointed to serve in the absence of
or the disqualification of the regular members. All members and alternates
shall be removable for cause by the appointing authority upon written
charges and after public hearing. Vacancies shall be filled for the
unexpired term of any member whose term becomes vacant. The Board
shall elect its own Chairman who shall serve for one (1) year. The
Board shall adopt rules in accordance with the provisions of any ordinance
adopted pursuant to Sections 89.010 to 89.140, RSMo. Meetings of the
Board shall be held at the call of the Chairman and at such other
times as the Board may determine. Such Chairman, or in his/her absence
the Acting Chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the Board shall be open to the public.
The Board shall keep minutes of its proceedings, showing the vote
of each member upon question, or, if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of
the Board and shall be a public record. All testimony, objections
thereto and rulings thereon, shall be taken down by a reporter employed
by the Board for that purpose.
[CC 1978 §410.030; Ord. No. 766 §18, 12-4-1972]
An appeal may be taken to the Board of Adjustment by any person,
by any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person, group or organization, public or private,
affected by a decision of the Building Inspector. Such appeal shall
be taken within such time as prescribed by the Board by general rule
by filing with the Building Inspector a notice of appeal specifying
the grounds thereof. A fee of ten dollars ($10.00) shall accompany
all notices of appeal. The Building Inspector shall forthwith transmit
to the Board all papers constituting the record upon which the action
appealed from was taken.
[CC 1978 §410.040; Ord. No. 766 §18, 12-4-1972]
A.
The Board
of Adjustment shall have the following powers:
1.
To hear
and decide appeals where it is alleged there is an error in any order,
requirement, decision or determination made by the Building Inspector
in the enforcement of this Title and may affirm or reverse, in whole
or part, said decision of the Enforcement Officer.
2.
To hear
requests for variances from the literal provisions of the Zoning Ordinance
in instances where strict enforcement of the Zoning Ordinance would
cause undue hardship due to circumstances unique to the individual
property under consideration and grant such variances only when it
is demonstrated that such action will be in keeping with the spirit
and intent of the provisions of the Zoning Ordinance. The Board of
Adjustment shall not permit, as a variance, any use in a district
that is not permitted under the ordinance. The Board of Adjustment
may impose conditions in the granting of variances to insure compliance
and to protect adjacent property.
a.
To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of Chapter 405.
b.
Interpret
the provision of this Title in such a way as to carry out the intent
and purpose of the plan, as shown upon the Zoning District Map where
the street layout on the ground varies from the street layout as shown
on this map.
c.
Permit reconstruction of a non-conforming building otherwise prohibited by Section 405.660 where such action would not constitute continuation of a monopoly.
d.
Vary
the yard regulations where there is an exceptional or unusual physical
condition of a lot not generally prevalent in the neighborhood, which
condition, when related to or a sensible arrangement of buildings
on the lot.
e.
Vary
the parking regulations by not more than fifty percent (50%) where
it is conclusively shown that the specific use of a building would
make unnecessary the parking spaces otherwise required by this Title,
or where it can be conclusively shown that adequate off-street parking
to serve a particular use has been provided by or is controlled by
the municipality.
f.
Decision
of the Board in respect to the above shall be subject to appeal to
the Circuit Court of Scott County within thirty (30) days after the
filing of the decision in the office of the Board.
