City of Oakland, MO
St. Louis County
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Table of Contents
Table of Contents
Cross References — As to subdivisions, ch. 410 of this Code; as to zoning regulations generally, ch. 405.
[CC 1997 §2-57; Ord. No. 102 §1, 1-13-1947; Ord. No. 407 §1, 9-11-1989]
In order to make adequate provision for and to stimulate, guide, direct, arrange and beautify the City and the future development and growth of the City, there is hereby created a commission to be known as the Oakland Planning and Zoning Commission.
[CC 1997 §2-58; Ord. No. 406, 9-11-1989; Ord. No. 407 §2, 9-11-1989]
The Oakland Planning and Zoning Commission (hereinafter Planning Commission or Commission) shall consist of not less than seven (7) nor more than fifteen (15) members, three (3) of whom shall be the Mayor, the City Engineer or similar City Official, and a member of the Board of Aldermen who shall be selected by the Board of Aldermen from among its members. The remaining members shall be citizens qualified by knowledge or experience to act on questions pertaining to development of the City plan. The citizen members shall be appointed by the Mayor with the consent and approval of a majority of the members of the Board of Aldermen. All citizen members 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 of Aldermen may remove any citizen member for cause stated in writing and after public hearing.
[CC 1997 §2-59; Ord. No. 407 §3, 9-11-1989]
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 re-election. The Planning and Zoning Commission shall hold regular meetings and special meetings as 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 and Zoning Commission shall make reports to the Mayor and Board of Aldermen regarding their investigations, transactions and recommendations as it may deem proper or as required by the Mayor or the Board of Aldermen.
[CC 1997 §2-60; Ord. No. 407 §4, 9-11-1989]
The Commission shall appoint the employees and staff necessary for its work and may contract with City planners, engineers, clerks or other 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. The Board of Aldermen, in its discretion, may by proper appropriations or ordinances provide the funds necessary to operate the Planning and Zoning Commission and the Board of Aldermen is authorized to do so by general or special taxation not inconsistent with the laws of this State.
[CC 1997 §2-61; Ord. No. 407 §5, 9-11-1989]
The Planning and Zoning Commission shall make and adopt a City plan for the physical development of Oakland. 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 Planning and Zoning 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, but the adoption, enforcement and administration of the zoning plan shall conform to the provisions of Sections 89.010 to 89.250, inclusive, RSMo.
[CC 1997 §2-62; Ord. No. 407 §6, 9-11-1989]
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 municipality. 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 1997 §2-62.1; Ord. No. 407 §7, 9-11-1989]
A. 
The Planning and Zoning 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.
B. 
Before the adoption, amendment or extension of the plan or portion thereof, the Planning and Zoning 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 in the municipality. The hearing may be adjourned from time to time.
C. 
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 kept by the City Clerk, identified properly by file number and a copy of the plan or part thereof shall be certified to the counsel 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 business hours.
[CC 1997 §2-62.2; Ord. No. 407 §8, 9-11-1989]
A. 
The Planning and Zoning Commission may make reports and recommendations relating to the plan and development of Oakland 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 Oakland programs for public improvements and the financing thereof.
B. 
All public officials shall, upon request, furnish to the Commission, within a reasonable time, all available information it requires for its work. The Commission, it 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.
[CC 1997 §2-62.3; Ord. No. 407 §9, 9-11-1989]
A. 
Whenever the Planning and Zoning Commission adopts the plan of Oakland 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 Oakland until the location, extent and character thereof has been submitted to and approved by the Planning and Zoning Commission.
B. 
In case of disapproval, the Commission shall communicate its reasons to the Board of Aldermen, which may, by a vote of not less than two-thirds (2/3) of its entire membership, overrule the disapproval, unless the public facility or utility is one for which the authorization or financing does not fall within the province of the Board of Aldermen. For those public facilities or utilities that do not fall within the province of the Board of Aldermen, the Planning and Zoning Commission's decision may be overruled by the board having jurisdiction by a vote of not less than two-thirds (⅔) of its entire membership.
C. 
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.
D. 
The failure of the Planning and Zoning Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval.
[CC 1997 §2-62.4; Ord. No. 407 §10, 9-11-1989]
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 St. Louis County Recorder, no plat of a subdivision of land lying within Oakland shall be filed or recorded until it has been submitted to and a report and recommendation thereon made by the Planning and Zoning Commission to the Board of Aldermen and the Board of Aldermen has approved the plat as provided by law.
[CC 1997 §2-62.5; Ord. No. 407 §11, 9-11-1989]
The Planning and Zoning Commission shall recommend and the Board of Aldermen may by ordinance adopt regulations governing the subdivision of land within its jurisdictions. The regulations, in addition to the requirements provided by law for the approval of plats, may provide requirements for the coordinated development of Oakland; 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 Oakland; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic.
[CC 1997 §2-62.7; Ord. No. 407 §13, 9-11-1989]
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 1997 §2-62.8; Ord. No. 407 §14, 9-11-1989]
Within sixty (60) days after the submission of a plat to the Planning and Zoning 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 1997 §2-62.9; Ord. No. 407 §15, 9-11-1989]
The approval of a plat by the Planning and Zoning Commission does not constitute or effect an acceptance by Oakland or the public of the dedication to public use of any street or other ground shown upon the plat.
[CC 1997 §2-62.10; Ord. No. 407 §16, 9-11-1989]
A. 
No owner or agent of the owner of any land located within the platting jurisdiction of Oakland, 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 and Zoning Commission and recorded in the office of the St. Louis County Recorder.
B. 
Any person violating the provisions of this Section shall forfeit and pay to Oakland 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.
C. 
Oakland may enjoin or vacate the transfer or sale or agreement by legal action and may recover the penalty in such action.
[CC 1997 §2-62.11; Ord. No. 407 §17, 9-11-1989]
A. 
Upon adoption of a major street plan and subdivision regulations, Oakland shall not accept, layout, 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 the City plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the Board of Aldermen or Planning and Zoning 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 (⅔) of the entire membership of the Board of Aldermen.
[CC 1997 §2-62.12; Ord. No. 407 §18, 9-11-1989]
After the adoption of a major street plan, no building permit shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the Planning and Zoning Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of Section 400.160.