[R.O. 2012 §400.050; Ord. No. 727 §1, 3-6-2000]
The Commission shall make and adopt a City Plan for the physical
development of the City of Ash Grove. 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.
The Commission shall also prepare a zoning plan for the regulation
of the height, area, bulk, location and use of private, non-profit
and public structures and premises, and of population density.
[R.O. 2012 §400.060; Ord. No. 727 §1, 3-6-2000]
In the preparation of the City Plan, the Commission shall make
careful and comprehensive surveys and studies of the existing conditions
and probable future growth of the municipality. The plan shall be
made with the 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.
[R.O. 2012 §400.070; Ord. No. 727 §1, 3-6-2000]
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 (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 of Ash Grove. 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 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 municipal Clerk, and a copy shall be available in the office of
the County Recorder of Deeds and at the municipal Clerk's office for
public inspection during normal office hours.
[R.O. 2012 §400.080; Ord. No. 727 §1, 3-6-2000]
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 municipal planning.
[R.O. 2012 §400.090; Ord. No. 727 §1, 3-6-2000]
Whenever the Commission adopts the plan of the City of Ash Grove
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 municipality 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, and the Board, by vote of not less than
two-thirds (2/3) 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, then the submission to 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 (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.
[R.O. 2012 §400.100; Ord. No. 727 §1, 3-6-2000]
The Commission shall have and perform all of the functions of
the Zoning Commission provided for in Chapter 89, RSMo., and shall
have and perform all of the functions of a Planning and Zoning Commission
as outlined in said Chapter.
[R.O. 2012 §400.110; Ord. No. 727 §1, 3-6-2000]
A.
Commission To Make Recommendations To Board Of Aldermen On Plats,
When. When the Planning and Zoning Commission of the City
of Ash Grove 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 Greene County, no plat
of a subdivision of land 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.
B.
Regulations Governing Subdivision Of Land, Contents — Public
Hearing.
1.
The
Planning and Zoning Commission shall recommend and the Board 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 municipality; 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 municipality;
for adequate open spaces for traffic, recreation, light and air; and
for a distribution of population and traffic.
2.
The
regulation may include requirements as to the extent and the manner
in which the streets of the 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,
and compliance with all of these requirements is a condition precedent
to the approval of the plat. The regulations or practice of the Board
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 may accept a bond in an amount and with
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 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 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.
3.
Before
adoption of its subdivision regulations or any amendment thereof,
a duly advertised public hearing thereon shall be held by the Board.
C.
Commission To Approve Plats, When. Within sixty (60) days
after the submission of a plat to the 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.
[R.O. 2012 §400.120; Ord. No. 727 §1, 3-6-2000]
The approval of a plat by the Commission does not constitute
or effect an acceptance by the municipality or public of the dedication
to public use of any street or other ground shown upon the plat.
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 or Planning
and Zoning Commission and recorded in the office of the Greene County
Recorder unless the owner or agent shall disclose in writing that
such plat has not been approved by such Board or Planning and Zoning
Commission and the sale is contingent upon the approval of such plat
by such Board or Planning and Zoning 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.
[R.O. 2012 §400.140; Ord. No. 727 §1, 3-6-2000]
Upon adoption of a major street plan and subdivision regulations,
the City of Ash Grove 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 municipality
unless the street has received the 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 a street shown on a subdivision plat
approved by the Board or the Planning and Zoning Commission, or on
a street plan made by and adopted by the Commission. The Board 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.
[R.O. 2012 §400.150; Ord. No. 727 §1, 3-6-2000]
After the adoption of a major street plan, no zoning permit
shall be issued for and no building shall be erected on any lot within
the territorial jurisdiction of the Commission unless the street giving
access to the lot upon which the building is proposed to be placed
conforms to the requirements above-described.
[R.O. 2012 §400.160; Ord. No. 727 §1, 3-6-2000]
Whenever a plan for major streets has been adopted, the Board
of Aldermen upon recommendation of the Planning and Zoning 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 may 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
and Zoning Commission and adopted by the Board.
A.
In case
any building or structure is erected, constructed, reconstructed,
altered, converted, or maintained, or any building, structure, or
land is used in violation of Sections 89.010 to 89.140, RSMo., or
of any ordinance or other regulation made under authority conferred
hereby, the proper local authorities of the City, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, or use, to restrain, correct, or abate such
violation, to prevent the occupancy of such building, structure, or
land, or to prevent any illegal act, conduct, business, or use in
or about such premises. Such regulations shall be enforced by an officer
empowered to cause any building, structure, place, or premises to
be inspected and examined and to order in writing the remedying of
any condition found to exist therein or thereat in violation of any
provision of the regulations made under authority of Sections 89.010
to 89.140, RSMo.
B.
The owner
or general agent of a building or premises where a violation of any
provision of said regulations has been committed or shall exist, or
the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee, or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor, or any other person who commits,
takes part or assists in any such violation, or who maintains any
building or premises in which any such violation shall exist shall
be guilty of an ordinance violation punishable by a fine of not less
than ten dollars ($10.00) and not more than two hundred fifty dollars
($250.00) for each and every day that such violation continues, or
by imprisonment for ten (10) days for each and every day such violation
shall continue, or by both such fine and imprisonment in the discretion
of the court. Notwithstanding the provisions of Section 82.300, RSMo.,
for the second (2nd) and subsequent offenses involving the same violation
at the same building or premises, the punishment shall be a fine of
not less than one hundred dollars ($100.00) or more than five hundred
dollars ($500.00) for each and every day that such violation shall
continue, or by imprisonment for ten (10) days for each and every
day such violation shall continue, or by both such fine and imprisonment
in the discretion of the court.
C.
Any such
person who, having been served with an order to remove any such violation,
shall fail to comply with such order within ten (10) days after such
service or shall continue to violate any provision of the regulations
made under authority of Sections 89.010 to 89.140, RSMo., in the respect
named in such order shall also be subject to a civil penalty of two
hundred fifty dollars ($250.00).
