[CC 1991 §2-178; Ord. No. 381 §1, 3-12-1968; Ord. No. 836 §1, 1-11-1990; Ord. No. 2001-1200 §1, 7-17-2001]
In order to make adequate provision for the protection of existing
development, to assure proper redevelopment of any area, and to guide
and direct all new development and growth so that the City will be
an orderly, efficient and attractive community and a desirable City
in which to live and work, there is hereby created a Planning and
Zoning Commission. The Planning and Zoning Commission shall also serve
as the Zoning Commission in order for the City to avail itself of
the powers conferred by Sections 89.010 — 89.140, RSMo.
[CC 1991 §2-179; Ord. No. 381 §2, 3-12-1968; Ord. No. 748 §1, 6-9-1987; Ord. No. 759 §1, 10-13-1987; Ord. No. 95-1034 §1, 2-21-1995; Ord. No. 98-1115 §1, 9-15-1998; Ord. No. 99-1143 §1, 8-17-1999; Ord. No. 99-1149 §1, 10-7-1999; Ord. No. 2001-1200 §1, 7-17-2001; Ord. No. 2005-1471 §19-20-2005; Ord.
No. 2010-1630 §1, 7-20-2010; Ord. No. 2018-1861, 9-25-2018]
The City's Planning and Zoning Commission shall consist
of a maximum of nine (9) voting members, including the Mayor if the
Mayor chooses to serve as a member on the Commission, one (1) member
of the Board of Aldermen appointed by the Board if the Board chooses
to have one (1) of its members serve as a member on the Commission,
and seven (7) residents of the City appointed by the Mayor with the
approval of the Board of Aldermen, and selected because of their interest
and ability in guiding and directing the proper future growth and
development of the City. The City Administrator and the City Building
Commissioner shall serve as ex officio non-voting members of the Commission.
The Alderman member on the Commission shall serve a term of up to
one (1) year beginning on the date of appointment and continuing until
the next regular meeting of the Board of Aldermen following the next
regular municipal election for the office of Alderman and when a successor
is appointed and qualified thereafter or the appointed Aldermen ceases
to be an Alderman, whichever comes first, at which time such appointment
shall expire. The resident members on the Commission shall serve for
terms of four (4) years each, except that the terms of the citizen
members first appointed shall be for varying periods so that succeeding
terms will be staggered; such terms shall run from July 1 through
June 30 of the appropriate calendar year, and any vacancy in the term
of a resident member shall be filled for the unexpired portion of
such term by appointment as set forth above. The Board of Aldermen
may remove from membership in the Commission the Alderman member at
will, and any vacancy in the term of an Alderman member may be filled
for the unexpired portion of such term by appointment as set forth
above. The Board of Aldermen may remove from membership In the Commission
any resident member of the Commission for cause, stated in writing
and after a public hearing. The Commission shall meet at the call
of the Chairman or as directed by the Board. All who serve on this
Commission shall do so without compensation for such services.
[CC 1991 §2-180; Ord. No. 381 §3, 3-12-1968; Ord. No. 710 §1, 12-10-1985; Ord. No. 807 §2, 6-16-1989; Ord. No. 2001-1200 §1, 7-17-2001; Ord. No. 2003-1317 §1, 5-20-2003; Ord. No. 2006-1523 §1, 10-17-2006; Ord. No. 2018-1861, 9-25-2018]
The Planning and Zoning 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 reelection.
A Chairman shall not serve more than three (3) consecutive terms unless
under case of exceptional circumstance as determined by the Commission.
The Chairman shall appoint a temporary Chairman from the citizen members
to perform the duties of the Chairman in his absence. The Commission
shall hold regular meetings on the fourth Tuesday of each month and
special meetings as it provides by rules and shall adopt rules for
the transaction of business and keep a record of its proceedings,
which shall be public records. The 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 amount appropriated for the purpose by the Board
of Aldermen.
[CC 1991 §2-181; Ord. No. 381 §4, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
The Planning and Zoning Commission shall make and adopt a City
Plan for the physical development of the municipality. 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 1991 §2-182; Ord. No. 381 §5, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
In the preparation of the City Plan, the Planning and Zoning
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 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 1991 §2-183; Ord. No. 381 §6, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
The Planning and Zoning Commission may adopt the City 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 City. The hearing may be adjourned from time to time. The
adoption of the plan shall require a majority vote of the full membership
of the Planning and Zoning 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 County Recorder of Deeds and shall be available at the
municipal Clerk's office for public inspection during normal office
hours.
[CC 1991 §2-184; Ord. No. 381 §7, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
The Planning and Zoning Commission may make reports and recommendations
relating to the plan and development of the City to public officials
and agencies, public utility companies, civic, educational, professional
and other organizations and citizens. It may recommend to the executive
or legislative officials of the municipality programs for public improvements
and the financing thereof. 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 City planning.
[CC 1991 §2-185; Ord. No. 381 §8, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
Whenever the Planning and Zoning Commission adopts the plan
of the City 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 Planning
and Zoning 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 ⅔ of its entire membership,
may overrule the disapproval and, upon the overruling, the Board 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 of the Planning and Zoning Commission shall be 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 1991 §2-186; Ord. No. 381 §4, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
The Planning and Zoning Commission shall have all the powers
and duties of the Zoning Commission as provided in Sections 89.010
— 89.250, RSMo.
[CC 1991 §2-187; Ord. No. 381 §9, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
When the Planning and Zoning 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 County Recorder
of the County, no plat of a subdivision or resubdivision of land,
excluding a boundary adjustment plat, lying within the City 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 has approved the plat as provided by law.
[CC 1991 §2-188; Ord. No. 381 §9, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
The Planning and Zoning Commission shall advise the Board of Aldermen in carrying out the provisions of the subdivision ordinance and may make suggestions regarding amendments and revisions of such ordinance. The subdivision ordinance, set out in Chapter 410, is intended to or may provide for all the requirements of Sections 89.410 — 89.470, RSMo., as amended.
[CC 1991 §2-189; Ord. No. 381 §10, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
Any change or amendment to Chapter 405 may be made by the Board of Aldermen from time to time, but any change or amendment shall first be submitted to the Planning and Zoning Commission for study and report.
[1]
Editor's Note — Ord. no. 2006-1501 §1, adopted
May 16, 2006, repealed section 400.130 "procedures for review and
approval of change in tenant use in non-residential zoning districts"
in its entirety. Former section 400.130 derived from CC 1991 §2-190;
ord. no. 849 §1, 5-1-1990; ord. no. 96-1064 §1, 2-20-1996;
ord. no. 2001-1200 §1, 7-17-2001; ord. no. 2003-1303 §1,
1-21-2003. At the editor's discretion, this section has been reserved
for the city's future use.
[1]
Editor's Note — Ord. no. 2006-1502 §1, adopted
May 16, 2006, repealed section 400.140 "procedures for approval of
site plans for signs and non-residential development" in its entirety.
Former section 400.140 derived from ord. no. 2001-1200 §1, 7-17-2001.
At the editor's discretion, this section has been reserved for the
city's future use.
[Ord. No. 2006-1484 §1, 1-17-2006]
A.
The
filing fees specified for various land use reviews and approvals and
construction, site and other permits required by Titles IV and V of
this Code of Ordinances shall be paid to reimburse the City for expenses
incurred in processing applications including, but not limited to,
stormwater, fire protection, costs of title research, surveys, legal
and engineering review, costs of traffic and planning or other consultants
employed by the City, publication expenses, expenses of notification
to adjoining property owners, expenses of hearings including rental
of a hall, if necessary, court reporter, if requested by either the
City or the applicant, and other investigations deemed necessary by
the City.
B.
In
the event the specified filing fee or fees are reasonably estimated
by the responsible City staff and the City Administrator to be insufficient
to pay all anticipated expenses to be incurred by the City as described
above, the City Administrator may at any time during the review and
approval process specify an additional fee deposit to be required
of the applicant. The amount of such additional deposit shall be sufficient
to reasonably defray the City's anticipated and/or actual costs.
C.
Processing
and all other actions related to an application shall not proceed
and any time limitations for City action pursuant to any provisions
of this Code shall be stayed until any required additional deposit
has been paid in full. Any and all unused portions of any additional
sums required under this Section shall be refunded in full to the
applicant.
D.
Any
applicant objecting to the reasonableness of the additional fee deposit
required by the City Administrator or otherwise aggrieved by the Administrator's
requirements may request that the Board of Aldermen hold a hearing
at which testimony on the anticipated costs for processing the application
shall be presented. The Board of Aldermen may increase, decrease or
waive any additional deposit required pursuant to this Section and
shall make written findings of fact as to the reasonableness and necessity
of the anticipated expenses and required deposit.
