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.
[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)]
A.
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.
B.
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)]
A.
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.
B.
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.
C.
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)]
A.
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.
B.
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)]
A.
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.
B.
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.
C.
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)]
A.
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.
B.
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.
C.
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)]
A.
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.
B.
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.
C.
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)]
A.
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.
B.
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)]
A.
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.
B.
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.
