[CC 1999 §2-110; Ord. No. 00-38 §1, 11-27-2000; Ord. No. 04-71 §1, 12-27-2004]
The Planning and Zoning Commission of the City of Republic shall
consist of seven (7) citizens appointed by the Mayor with the approval
of a majority of the members of the City Council. The Mayor, or Mayor
Pro Tempore, as designated by the Mayor; a member of the City Council,
selected by the City Council; the Planning and Development Director,
or his/her designee, shall attend all meetings of the Planning and
Zoning Commission for the purpose of providing such assistance and
advice as may be needed; provided however, such persons shall not
be members of the Planning and Zoning Commission and shall not be
entitled to vote upon any issue which may come before the Planning
and Zoning Commission. All members of the Commission shall serve without
compensation.
[CC 1999 §2-111; Ord. No. 00-38 §1, 11-27-2000]
Members of the Planning and Zoning Commission shall be appointed for terms of four (4) years each. All members of the Commission shall be residents of the City, and the membership of the Commission shall consist of at least one (1) representative from each ward within the City. Any vacancy in the membership of the Commission shall be filled for the unexpired term thereof by appointment and approval as provided in Section 400.010. The Mayor, with the consent of the majority of the City Council, may remove any member of the Commission for cause stated in writing and after a public hearing.
[CC 1999 §2-112]
Immediately after the appointment and qualification of the City
Planning and Zoning Commission, the members shall meet and elect one
(1) of their number Chairman and one (1) of their number Secretary,
which officers shall be elected from among the citizen members and
shall hold office for one (1) year or until their successors are elected
and qualified.
[CC 1999 §2-113; Ord. No. 3007 §4]
The City Planning and Zoning Commission shall prescribe rules
of procedure governing the transactions of business before it. Meetings
shall be held at least once each month on such day as shall be prescribed
in the rules of procedure adopted. Special meetings may be called
at any time by the Chairman of the Commission.
[CC 1999 §2-114; Ord. No. 3007 §5]
A.
The City
Planning and Zoning Commission shall have power and shall be required
to:
1.
Make,
amend, extend and add to the Comprehensive Plan for the physical development
of the City as defined in this Chapter.
2.
Exercise
control over platting or subdividing land within the City as set forth
in this Chapter.
3.
Make
and adopt a zoning plan and recommend or disapprove proposed changes
in such plan.
4.
Promote
public interest in and understanding of the Comprehensive Plan and
of zoning and planning.
[CC 1999 §2-115; Ord. No. 3007 §6]
A.
The City
Planning and Zoning Commission shall have power to:
1.
Require
information which shall be furnished within a reasonable time from
other departments of the City Government in relation to its work.
2.
Within
its budget appropriation, contract with City planners and other consultants
for such services as it may require.
3.
In the
performance of its functions, enter upon any land and make examinations
and surveys.
[CC 1999 §2-116]
A.
The City
Planning and Zoning Commission shall make and adopt a Comprehensive
City Plan for the physical development of the City. In preparing the
City plan, the Commission shall make careful and comprehensive surveys
and studies of the existing conditions and probable future growth
of the City. The plan shall be made with the general purpose of guiding
and accomplishing a coordinated development of the City 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.
B.
The Comprehensive
Plan for the physical development of the City, with the accompanying
maps, plats, charts, descriptive and explanatory matter, shall show
the Commission's recommendations for the development of City territory
and may include, among other things:
1.
The
general location, character and extent of streets, bridges, parks,
waterways and other public ways, grounds and spaces;
2.
The
general location of public buildings and other public property;
3.
The
general location and extent of public utilities, whether publicly
or privately owned;
4.
The
removal, relocation, widening, extension, narrowing, vacation, abandonment
or change of use of such existing or future public ways, grounds,
spaces, building, property or utilities;
5.
The
general location, character and extent of residential, commercial,
industrial and other uses of land;
6.
The
extent and layout of the planning of blighted districts and slum areas.
7.
The
regulation of the height, area, bulk, location and use of private,
non-profit and public structures and premises, and of population density,
but the adoption, enforcement and administration of the zoning plan
shall conform to the provisions of Sections 89.010 to 89.250, RSMo.
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 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
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.
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. A copy of the plan or part thereof shall be certified to the
City Council and the City Clerk. It shall be available in the office
of the County Recorder of Deeds and at the City Clerk's office for
public inspection during normal office hours.
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 Commission.
In case of disapproval the Commission shall communicate its reasons
to the City Council, and the City Council, by vote of not less than
two-thirds of its entire membership, may overrule the disapproval
and, upon the overruling, the City Council 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 City Council, 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 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 1999 §2-122; Ord. No. 3007 §13]
The Planning and Zoning Commission shall exercise the authority
vested in a zoning commission by the State zoning enabling acts. It
shall prepare and recommend to the City Council a comprehensive zoning
ordinance, or propose amendments or revisions thereof, with such provisions
as the Commission shall deem necessary or desirable for the promotion
of the health, safety, and general welfare of the inhabitants of the
City. Such provisions may include regulations as to the location,
width, height and bulk of buildings and other structure; the size
of the yards, courts and other open spaces surrounding buildings and
structures; the use of buildings and structures and land. The Commission
shall hear applications for amendments, modifications or revision
of the zoning ordinance and shall forward such applications to the
City Council with its recommendations thereon. The recommendations
of the Commission shall not be binding on the City Council, which
may approve or disapprove the Commission's findings; however, no general
City plan, or zoning ordinance, or any modification, amendment or
revision thereof, shall be considered by the City Council unless the
same shall have been first submitted to the Commission for its examination
and recommendation.
[CC 1999 §2-119; Ord. No. 3007 §10]
The Planning and Zoning Commission shall be the platting commission
of the City and, as such, shall have the control of the platting or
subdivision of land within the City and within three (3) miles thereof
when permitted by State enabling legislation; provided however, that
such control shall not apply to land outside of the City over which
platting or subdivision control is reposed by law in some authority
other than this City or any of its officers or departments.
The regulations or practice of the City Council may provide
for the tentative approval of the plat previous to the improvements
and utility installations; but any tentative approval shall not be
entered on the plat. The regulations may provide that, in lieu of
the completion of the work and installations previous to the final
approval of a plat, the City Council may accept a bond or escrow in
an amount and with surety and other reasonable conditions, providing
for and securing the actual construction and installation of the improvements
and utilities within a period specified by the City Council and expressed
in the bond; provided that, the release of such escrow by the City,
shall be as specified in this Section. The City Council may enforce
the bond by all appropriate legal and equitable remedies. The regulations
may provide, in lieu of the completion of the work and installations
previous to the final approval of a plat, for an assessment or other
method whereby the City Council is put in an assured position to do
the work and make the installations at the cost of the owners of the
property within the subdivision. The regulations may provide for the
dedication, reservation or acquisition of lands and open spaces necessary
for public uses indicated on the city plan and for appropriate means
of providing for the compensation, including reasonable charges against
the subdivision, if any, and over a period of time and in a manner
as is in the public interest.
