[Ord. No. 10-04 §I, 11-9-2010]
For the purposes of this Chapter, the following terms mean or include:
- The Village Planning and Zoning Commission.
- 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.
- A member of/or the Board of Trustees of the Village of Indian Point, Missouri.
- The Village of Indian Point.
State Law Reference: See RSMo. §89.300 et seq.
[Ord. No. 10-04 §II, 11-9-2010]
The Planning and Zoning Commission of the Village shall consist of not more than fifteen (15) nor less than seven (7) members, including the Chairman, if the Chairman chooses to be a member, a member of the Board, if the Board chooses to have a member serve on the Commission and five (5) citizens appointed by the Chairman and approved by the Board of Trustees. All members shall serve without compensation. The term of each of the members first appointed shall be for varying periods so that succeeding terms will be staggered. The term of each member shall be for four (4) years. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Trustees may remove any member for cause stated in writing and after public hearing.
State Law Reference: See RSMo. §89.320.
[Ord. No. 10-04 §III, 11-9-2010]
Initially, the Chairman of the Commission shall be appointed by the Chairman of the Trustees and approved by the Board; thereafter, the Commission shall elect its Chairman, Vice Chairman, and Secretary from among the citizen members. The term of the Chairman, Vice Chairman and Secretary shall be for one (1) year, with eligibility for reelection.
[Ord. No. 10-04 §IV, 11-9-2010]
The Commission shall hold a regular meeting each month. Special meetings may be called at any time by the Chairman of the Commission or a majority of the Commission members.
[Ord. No. 10-04 §V, 11-9-2010]
The Commission shall adopt rules for the transaction of business and keep a record of its proceedings. These records shall be public records.
[Ord. No. 10-04 §VI, 11-9-2010]
The Commission shall expend monies within the amounts appropriated for the purpose by the Trustees. The Commission may contract with Village Planners and other persons for the services that it requires, also subject to the above monetary limitations.
[Ord. No. 10-04 §VII, 11-9-2010]
The Commission shall make and adopt a Village Plan for the physical development of the municipality, to include a land use plan, a thoroughfare plan, a community facilities plan, a public improvements program, a Zoning Ordinance and Map, and subdivision regulations. There shall also be included an analysis of the living conditions in neighborhoods, and an outline of the proper administration and coordination procedures. Additional eligible elements of the Village Plan may include base maps, an economic base study, collection and analysis of basic data, population study, traffic circulation study, public utilities plan (water system, sanitary sewer, solid waste disposal and storm drainage), land use survey and study, neighborhood analysis, transportation routes and community goals, model building and housing codes, programming-planning-budgeting system, parking study, planning education program, updating and maintenance of plan elements, annexation studies, central business district, community facilities plan, (public buildings, school, parks and open spaces, utilities), physiographic studies, planning administration recommendations, long-range fiscal plan, participation in public hearings, topographic maps, general civic center development plan and administration and coordination of plan, but the adoption, enforcement and administration of the Zoning Plan shall conform to the provisions of Sections 89.010 to 89.250, RSMo.
[Ord. No. 10-04 §VIII, 11-9-2010]
In the preparation of the Village Plan, the Commission shall make a careful and comprehensive survey and study of the existing conditions and probable future growth of the Village. The plan shall be made with the general 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.
[Ord. No. 10-04 §IX, 11-9-2010]
The Commission may adopt the plan as a whole by a single resolution, or, as the work of making the whole Village 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 as per Section 400.070 above. Before the adoption, amendment or extension 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 Village. 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 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 Board of Trustees and Village Clerk and a copy shall be available in the office of the Stone County Recorder of Deeds and shall be available at the Village Clerk's office for public inspection during normal office hours.
State Law Reference: See §89.360, RSMo.
[Ord. No. 10-04 §X, 11-9-2010]
The Commission may make reports and recommendations relating to the plan and development of the Village to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the executive or legislative officials of the Village programs for public improvements and the financing thereof. 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 Village planning.
[Ord. No. 10-04 §XI, 11-9-2010]
Whenever the Commission adopts the plan of the Village or any part 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 Village until the location, extent and character thereof has been submitted to and approved by the Planning Commission. In case of disapproval, the Commission shall communicate its reasons to the Board of Trustees, and the Board, by vote of not less than two-thirds (2/3) of its entire membership, may overrule the disapproval, and, upon the overruling, the Board of Trustees, or the appropriate board, may proceed, except that if the public facilities or utility is one the authorization or financing of which does not fall within the province of the Board of Trustees, then the submission to the Planning Commission shall be by the board having jurisdiction, and the Planning Commission's disapproval may be overruled by that board by a vote of not less than two-thirds (2/3) of the entire membership. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission or 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.
[Ord. No. 10-04 §XII, 11-9-2010]
The Commission shall have and perform all the functions of the Zoning Commission provided for in Sections 89.010 to 89.250, RSMo.
State Law Reference: See RSMo. §§89.010 to 89.250, 89.390.
[Ord. No. 10-04 §XIII, 11-9-2010]
Whereas the Planning Commission of the Village adopted a Village Plan which includes at least a major street plan, and said Commission filed a certified copy of the major street plan in the office of the County Recorder of Stone County; thereafter, no plat of a subdivision of land lying within the Village shall be filed or recorded until it has been submitted to and a report and recommendation thereon made by the commission to the Board of Trustees and the Board has approved the plat as provided by law.
Definitions. As used in this Subsection, the following terms shall have the meaning indicated:
- TRANSECT-BASED ZONING
- A zoning classification system that prescriptively arranges uses, elements, and environments according to a geographic cross-section that range across a continuum from rural to urban, with the range of environments providing the basis for organizing the components of the constructed world, including buildings, lots, land use, street, and all other physical elements of the human habitat, with the objective of creating sustainable communities.
In the event that the Village amends its existing Zoning or Subdivision Ordinance based on transect-based zoning, and such transect-based zoning provisions conflict with the zoning provisions adopted by code or ordinance of another political subdivision with jurisdiction in such city, town, or village, the transect-based zoning provisions governing street configuration requirements, including number and locations of parking spaces, street, drive lane, and cul-de-sac lengths and widths, turning radii, and improvements within the right-of-way, shall prevail over any other conflicting or more restrictive zoning provisions adopted by code or ordinance of the other political subdivision.
State Law Reference: See RSMo. §89.400.