Cross References — Buildings and building regulations, ch. 500; floodplain management, ch. 420; mobile homes and travel trailers, ch. 425; parks and recreation, ch. 235; streets, sidewalks and other public places, ch. 520; subdivision regulations, ch. 415; traffic and motor vehicles, Title III; utilities, Title VII; zoning, ch. 405.
Article I Planning Commission
[CC 1985 §15-16; Comp. Ords. §21.01(1)]
For the purpose of this Article, the term "subdivision" shall mean the division of a parcel of land into two (2) or more lots or other divisions of land including resubdivision and, when appropriate to the context, relating to the process of subdividing or to the land or territory subdivided.
[CC 1985 §15-17; Comp. Ords. §21.01(2)]
The Board of Aldermen shall make, adopt, amend and carry out a City plan and appoint a Planning Commission with the powers and duties set forth in this Article.
[CC 1985 §15-18; Comp. Ords. §21.01(3)]
There is hereby established within and for the City a Planning and Zoning Commission which shall consist of not more than fifteen (15) nor less than seven (7) members, including the Mayor, if the Mayor chooses to be a member; a member of the Board of Aldermen selected by the Board, if the Board chooses to have a member serve on the Commission; and seven (7) citizens appointed by the Mayor and approved by the Board of Aldermen. 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 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.
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 succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Board may remove any citizen member for cause stated in writing and after public hearing.
[CC 1985 §15-19; Comp. Ords. §21.01(4)]
The Planning 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 Planning 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 Planning Commission shall appoint 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 of Aldermen.
[CC 1985 §15-20; Comp. Ords. §21.01(10)]
The Planning Commission shall have and perform all the functions of the Zoning Commission provided for in Sections 89.010 to 89.250, RSMo., and shall have and perform all of the functions of the Planning Commission as outlined in such provisions.
[CC 1985 §15-21; Comp. Ords. §21.01(5)]
The Planning Commission shall make and adopt a City plan for the physical development of the City. 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 and the general character, extent and layout of the replanning of blighted districts and slum areas.
The Planning Commission may also prepare a zoning plan for the regulation of height, area, bulk, location and use of private, non-profit and public structures and premises and population density. The adoption and enforcement and administration of the zoning plan shall conform to the provisions of Sections 89.010 to 89.250, RSMo.
[CC 1985 §15-22; Comp. Ords. §21.01(6)]
In the preparation of the City plan, the Planning 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.
[CC 1985 §15-23; Comp. Ords. §21.01(7)]
The Planning Commission may adopt the City plan as a whole or 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 City. The hearing may be adjourned from time to time.
The adoption of the City plan requires 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. The action taken on the City plan shall be recorded on the adopted plan or part thereof by the identifying signature of the Secretary of the Planning 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 recorded in the office of the County Recorder of Deeds and shall be available at the Municipal Clerk's office for public inspection during normal office hours.
[CC 1985 §15-24; Comp. Ords. §21.01(8)]
The Planning Commission may make reports and recommendations relating to the City plan and the development of the City to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. The Commission may recommend to the executive or legislative officials of the City programs for public improvements and the financing thereof.
All public officials shall, upon request, furnish to the Planning 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 lawfully 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 1985 §15-25; Comp. Ords. §21.01(9)]
Whenever the Planning Commission adopts a City plan 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 City until the location, extent and character thereof has been submitted to and approved by the Commission. In case of disapproval, the Commission shall communicate its reasons to the Board of Aldermen and the Board by vote of not less than two-thirds (2/3) of its entire membership may overrule the disapproval. Upon such 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, 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 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 1985 §15-26; Comp. Ords. §21.01(11)]
After the Planning Commission 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 the County, no plat of a subdivision of land lying within the City shall be filed or recorded until it has been submitted to and the report and recommendation thereon made by the Commission to the Board of Aldermen and the Board has approved the plat as provided by law.
[CC 1985 §15-27; Comp. Ords. §21.01(12)]
The Planning Commission shall recommend and the Board of Aldermen may by ordinance adopt regulations governing the subdivision of land within its jurisdiction. The regulations, in addition to the requirements provided by law for the approval of plats, may provide requirements for the coordinated development of the City for the coordination of streets within subdivisions with other existing or planned streets or with other features of the City plan or official map of the City for adequate open spaces for traffic, recreation, light and air and for a distribution of population and traffic provided that the City may only impose requirements for the posting of bonds, letters of credit or escrows for subdivision-related improvements as provided for in Subsections (2) — (5) of Section 89.410, RSMo.
Subdivision regulations may include requirements as to the extent and manner in which the streets of a subdivision or any designated portions thereto shall be graded and improved as well as including requirements as to the extent and manner of the installation of all utility facilities in compliance with all these requirements is a condition precedent to the approval of the plat. The regulations or practice of the Board of Aldermen may provide for the tentative approval of the plat previous to the improvements and 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 Board of Aldermen may accept a bond in the amount in which surety and conditions satisfactory to it providing for and securing the actual construction and installation of the improvements and utilities within a period specified by the Board of Aldermen and expressed in the bond, and the Board 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 Board 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 land and open spaces necessary for public uses indicated on the City plan and for appropriate means for 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.
Before adoption of its subdivision regulations or any amendment thereof, a duly advertised public hearing thereon shall be held by the Board of Aldermen.
[CC 1985 §15-28; Comp. Ords. §21.01(13)]
Within sixty (60) days after submission of a plat to the Planning Commission, the Commission shall approve or disapprove the plat, otherwise the plat is deemed approved by the Commission, except that the Commission, with the consent of the applicant for the approval, may extend the sixty (60) day period. The ground of disapproval of any plat by the Commission shall be made a matter of record.
[CC 1985 §15-29; Comp. Ords. §21.01(14)]
The approval of a plat by the Planning Commission does not constitute or effect an acceptance by the City or public of the dedication to public use of any street or other ground shown upon the plat.
[CC 1985 §15-30; Comp. Ords. §21.01(15)]
No owner or agent of the owner of any land located within the platting jurisdiction of the City knowingly or with intent to defraud may transfer, sell, agree to sell or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the Board of Aldermen or Planning Commission and recorded in the office of the Recorder of Deeds of the County, unless the owner or agent shall disclose in writing that such plat has not been approved by such Council or Planning Commission and the sale is contingent upon the approval of such plat by such Council or Planning Commission.
Any person violating the provisions of this Section shall forfeit and pay to the City a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The City may enjoin or vacate the transfer or sale or agreement by legal action and may recover the penalty in such action.
[CC 1985 §15-31; Comp. Ords. §21.01(16)]
Upon adoption of a major street plan and subdivision regulations, the City 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 City unless the street has received a 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 the street shown on a subdivision plat approved by the Board of Aldermen or Planning 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 (2/3) of the entire membership of the Board of Aldermen.
[CC 1985 §15-32; Comp. Ords. §21.01(17)]
After the adoption of a major street plan, no building permits shall be issued for and no buildings shall be erected on any lot within the territorial jurisdiction of the Planning Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to requirements of Section 400.160.
[CC 1985 §15-33]
Whenever a plan for major streets has been adopted, the Board of Aldermen upon recommendation of the Planning 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 is authorized to 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 Commission and adopted by the Board of Aldermen.