City of Republic, MO
Greene County
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Table of Contents
Table of Contents
[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]
The City Planning and Zoning Commission shall have power and shall be required to:
Make, amend, extend and add to the Comprehensive Plan for the physical development of the City as defined in this Chapter.
Exercise control over platting or subdividing land within the City as set forth in this Chapter.
Make and adopt a zoning plan and recommend or disapprove proposed changes in such plan.
Promote public interest in and understanding of the Comprehensive Plan and of zoning and planning.
[CC 1999 §2-115; Ord. No. 3007 §6]
The City Planning and Zoning Commission shall have power to:
Require information which shall be furnished within a reasonable time from other departments of the City Government in relation to its work.
Within its budget appropriation, contract with City planners and other consultants for such services as it may require.
In the performance of its functions, enter upon any land and make examinations and surveys.
[CC 1999 §2-116]
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.
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:
The general location, character and extent of streets, bridges, parks, waterways and other public ways, grounds and spaces;
The general location of public buildings and other public property;
The general location and extent of public utilities, whether publicly or privately owned;
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;
The general location, character and extent of residential, commercial, industrial and other uses of land;
The extent and layout of the planning of blighted districts and slum areas.
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.
Cross Reference — As to subdivision regulations, see ch. 410 of this Code.
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.