[CC 1996 §400.010; CC 1977 §40.010; Ord. No. 1106 §I, 5-10-1999]
For the purpose of this Chapter, the following terms mean or include:
- BOARD OF ALDERMEN
- The chief legislative body of the City of Bowling Green.
- The Planning and Zoning Commission of the City of Bowling Green.
- Any public ways.
- The division of a parcel of land into (2) two 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 1996 §400.020; CC 1977 §40.020]
The Board of Aldermen of the City of Bowling Green shall adopt, amend and carry out a City Plan and appoint a Planning and Zoning Commission with the powers and duties herein set forth.
[CC 1996 §400.030; Ord. No. 1106 §II, 5-10-1999; Ord. No. 1549 §§I — II, 1-22-2007]
The Planning and Zoning Commission of the City of Bowling Green shall consist of seven (7) members as follows, to wit:
The Mayor, if the Mayor chooses to be a member;
A member of the Board, if the Board chooses to have a member serve on the Commission; and
Not more than fifteen (15) nor less than five (5) citizens appointed by the Mayor and approved by the Board.
All citizens of the Commission shall serve without compensation. The term of each citizen member shall be for four (4) years, except that the terms of the citizen members first 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 Board of Aldermen may remove any citizen member for cause stated in writing and after public hearing.
[CC 1996 §400.040]
The Commission shall elect its 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 provided 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 Board.
[CC 1996 §400.050; CC 1977 §40.050]
The Commission shall maintain a City Plan for the physical development of the City of Bowling Green. 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.
[CC 1996 §400.060; CC 1977 §40.060]
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 1996 §400.070]
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 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 municipality. 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 Aldermen and the City Clerk, and a copy shall be available in the office of the Recorder of Deeds of Pike County and shall be available at the City Clerk's office for public inspection during normal office hours.
[CC 1996 §400.080; CC 1977 §40.080]
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 1996 §400.090; CC 1977 §40.090]
Whenever the Commission adopts the plan of the City of Bowling Green 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 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 Board of Aldermen, and the Board of Aldermen by vote of not less than two-thirds (⅔) of its entire membership may overrule the disapproval and, upon the overruling, the Board of Aldermen or the appropriate board or officer may proceed, except that if the public facility or utility is one the authorization or financing of which does not fall within the province of the Board of Aldermen, then the submission to the Planning and Zoning Commission shall by 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 (⅔) of its 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 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 1996 §400.100; CC 1977 §40.100]
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 1996 §400.110; CC 1977 §40.110]
After the Planning and Zoning Commission of the City of Bowling Green adopts a City Plan which includes at least a major street plan or progresses in its City planning to the making and adoption of a major street plan and files a certified copy of the major street plan in the office of the Recorder of Deeds of Pike County, then no plat of a subdivision of land lying within the municipality 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 Aldermen and the Board of Aldermen has approved the plat as provided by law.
[CC 1996 §400.120; CC 1977 §40.120]
Before adoption of any subdivision regulations or any amendment thereof by the Board of Aldermen, a duly advertised public hearing thereof shall be held by the Board of Aldermen.
[CC 1996 §400.140; CC 1977 §40.140]
The approval of a plat by the Commission does not constitute or effect an acceptance by the municipality or public of the dedication to public use of any street or other ground shown upon the plat.
[CC 1996 §400.160; CC 1977 §40.160]
Upon adoption of a major street plan and subdivision regulations, the City of Bowling Green shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections or other utilities in any street within the municipality unless the street has received the legal status of a public street prior to the adoption of a City plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the Board of Aldermen or the Planning and Zoning Commission or on a street plan made by and adopted by the Commission. The Board of Aldermen may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the Commission for its approval and approved by the Commission or, if disapproved by the Commission, is passed by the affirmative vote of not less than two-thirds (⅔) of the entire membership of the Board of Aldermen.
[CC 1996 §400.170; CC 1977 §40.170]
After the adoption of a major street plan, no building permit shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of Section 400.140.
[CC 1996 §400.180; CC 1977 §40.180]
Whenever a plan for major streets has been adopted, the Board of Aldermen, 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 Board of Aldermen 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 Board of Aldermen.
[Ord. No. 1637 §§I — VIII, 8-17-2009]
A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Bowling Green, Missouri, being marked and designated as the International Zoning Code, 2006 Edition, as published by the International Code Council, be and is hereby adopted as the Zoning Code of the City of Bowling Green in the State of Missouri for regulating and governing the development, erection, construction, enlargement, alteration, repair, movement, removal, demolition, conversion, occupancy, use, height, area and maintenance of all buildings, structures and lots in the City of Bowling Green; providing for the issuance of permits, including conditional use permits, and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Zoning Code on file in the office of the City of Bowling Green, Missouri, are hereby referred to, adopted and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (C) of this Section.
If any Subsection, sentence, clause or phrase of this Section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The Board of Aldermen hereby declares that it would have passed this Section and each Subsection, clause or phrase thereof, irrespective of the fact that any one (1) or more Subsections, sentences, clauses and phrases be declared unconstitutional.
Nothing in this Section or in the Zoning Code hereby adopted shall be construed to affect any suit or proceeding impending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in Subsection (D) of this Section; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Section.
This Section and the rules, regulations, provisions, requirements, orders and matter established and adopted hereby shall take effect and be in full force and effect from and after the date of its final passage and adoption.