[CC 1974 §20-1; Ord. No. 696 §1, 4-19-1967]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
- STREET
- Any public way.
- SUBDIVISION
- The division of a parcel of land into two (2) or more lots or other division of land and shall include a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
[CC 1974 §20-2; Ord. No. 696 §2, 4-19-1967]
The City Council shall adopt, amend and carry out a City Plan.
[CC 1974 §20-3; Ord. No. 696 §5, 4-19-1967]
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, and 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 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.
[CC 1974 §20-4; Ord. No. 696 §6, 4-19-1967]
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 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 1974 §20-5; Ord. No. 696 §7, 4-19-1967]
The Planning 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.
[CC 1974 §20-6; Ord. No. 696 §7, 4-19-1967]
Before the adoption, amendment or extension of the City Plan
or portion thereof, the Planning 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 City. The hearing may be adjourned
from time to time.
[CC 1974 §20-7; Ord. No. 696 §7, 4-19-1967]
The adoption of the City Plan requires a majority vote of the
full membership of the Planning Commission. The resolution adopting
the City Plan shall refer expressly to the maps, descriptive matter
and other matters intended by the Planning 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 Planning Commission and filed in the office of
the Planning Commission identified properly by file number. A copy
of the plan or part thereof shall be certified to the City Council
and the City Clerk, and a copy shall be recorded in the office of
the County Recorder of Deeds.
[CC 1974 §20-8; Ord. No. 696 §9, 4-19-1967]
A.
Whenever
the Planning Commission adopts a City Plan, or any part thereof, no
street or other public facility and 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 Commission. In case of disapproval,
the Planning Commission shall communicate its reasons to the City
Council, and the City Council, by vote of not less than two-thirds
(⅔) of its entire membership, may overrule the disapproval
and, upon the overruling, the City Council 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 City Council, 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 (⅔) of its entire membership.
B.
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.
C.
The
failure of the Planning Commission to act within sixty (60) days after
the date of official submission to it shall be deemed approval.
[CC 1974 §20-9; Ord. No. 696 §16, 4-19-1967]
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, or lay or authorize the laying of water mains, sewers,
connections or other utilities in any street within the City 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 City Council or the Planning Commission, or on a street plan
made by and adopted by the Planning Commission. The City Council 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 Planning Commission for its approval and
approved by the Planning Commission or, if disapproved by the Planning
Commission, is passed by the affirmative vote of not less than two-thirds
(⅔) of the entire membership of the City Council.
[CC 1974 §20-10; Ord. No. 696 §17, 4-19-1967]
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 Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of Section 400.090.
[CC 1974 §20-11; Ord. No. 696 §18, 4-19-1967]
Whenever a plan for major streets has been adopted, the City
Council, 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 City Council 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 Commission
and adopted by the City Council.
[CC 1974 §20-12; Ord. No. 696 §15, 4-19-1967]
No owner or agent of the owner of any land located within the planning jurisdiction of the City, knowingly or with intent to defraud, may transfer, sell, agree to sell or negotiate to sell such 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 City Council or Planning Commission and recorded in the office of the County Recorder. Any person violating the provisions of this Section shall forfeit and pay to the City a penalty as prescribed in Section 100.100 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. Said penalty shall be set by the City Council. The City may enjoin or vacate the transfer, sale or agreement by legal action and may recover the penalty in such action.
[CC 1974 §20-13; Ord. No. 696 §12, 4-19-1967]
Before adoption of any subdivision regulations, or any amendment
thereof by the City Council, a duly advertised public hearing thereof
may be held by the City Council.
[CC 1974 §20-14; Ord. No. 696 §11, 4-19-1967]
After the Planning Commission adopts a City Plan which includes
at least a major street plan and files a certified copy of the major
street plan in the office of the County Recorder of Deeds, then 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 Planning Commission to the City Council and the
City Council has approved the plan as provided by law.
[CC 1974 §20-15; Ord. No. 696 §13, 4-19-1967]
Within sixty (60) days after submission of a subdivision plat
to the Planning Commission, the Planning Commission shall approve
or disapprove the plat. Otherwise the plat is deemed approved by the
Planning Commission, except that the Planning 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 Planning
Commission shall be made a matter of record.
[CC 1974 §20-16; Ord. No. 696 §14, 4-19-1967]
The approval of a plat by the Planning Commission shall 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 1974 §20-17; Ord. No. 1227 §§2 — 4, 10-3-1984]
A.
Upon
mature and deliberate consideration, after entertaining comments from
the public at a public hearing held on the third (3rd) day of October,
1984, the City Council desires to be able to restrict zoning changes
on each application for rezoning upon the implementation of conditions
and restrictions based upon the situation and facts of each application.
B.
In
entertaining any application for rezoning, the City Council may impose
and the Planning and Zoning Commission may recommend conditions and
covenants upon any application for rezoning and in doing so must consider
the following factors, which said list being not exclusive:
1.
Hardship to neighboring property owners;
2.
Detrimental effects in the neighborhood;
3.
Burden on the City by generating augmented demands for public services;
4.
Aesthetic considerations concerning the use of the property; and
5.
Open space.
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No building permit or occupancy permit shall be issued without
all rezoning requirements being met by the owner.
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C.
Each
application for rezoning shall state the intended use that is to be
made of the property upon the receipt of the rezoning. If a rezoning
application with the stated use is approved, the use of the property
shall be limited to the use stated in the application.
[CC 1974 §20-28; Ord. No. 696 §2, 4-19-1967]
The City Council shall appoint a Planning Commission with the
powers and duties set forth in this Article.
[Ord. No. 2082, 5-28-2008]
The Planning Commission shall consist of seven (7) citizen members
appointed by the Mayor and approved by the City Council. In the instance
of member unavailability, the Mayor and/or Mayor Pro Tem may serve
as alternate members. All citizen members of the Planning Commission
shall serve without compensation.
[CC 1974 §20-30; Ord. No. 696 §3, 4-19-1967]
The term of each citizen member of the Planning Commission shall
be four (4) years, except that the terms of the citizen members first
(1st) appointed shall be for varying periods so that the succeeding
terms will be staggered. Any vacancy in a membership shall be filled
for the unexpired term by appointment as provided in this Article.
[CC 1974 §20-31; Ord. No. 696 §3, 4-19-1967]
The City Council may remove any citizen member of the Planning
Commission for cause stated in writing and after a public hearing.
[CC 1974 §20-32; Ord. No. 696 §4, 4-19-1967]
The Planning Commission shall elect a Chairman and Secretary
from among its citizen members. The term of Chairman and Secretary
shall be for one (1) year with eligibility for re-election.
[CC 1974 §20-33; Ord. No. 696 §8, 4-19-1967]
In general, the Planning Commission shall have the power necessary
to enable it to perform its functions and promote municipal planning.
[CC 1974 §20-34; Ord. No. 696 §10, 4-19-1967]
The Planning Commission shall have and perform all of the functions
of the Zoning Commission provided for in Chapter 89 of the Revised
Statutes of Missouri and shall have and perform all of the functions
of a Planning Commission as outlined in said Chapter.
[CC 1974 §20-35; Ord. No. 696 §8, 4-19-1967]
The Planning Commission, its members and employees, in the performance
of its functions, may enter upon any land to make examinations and
surveys.
[CC 1974 §20-36; Ord. No. 696 §8, 4-19-1967]
All public officials shall, upon request, furnish to the Planning
Commission within a reasonable time all available information it requires
in the performance of its duties.
[CC 1974 §20-37; Ord. No. 696 §4, 4-19-1967]
The Planning Commission shall hold regular meetings and special
meetings as it may provide by rule and shall adopt rules for the transaction
of business and keep a record of its proceedings. These records shall
be public records.
[CC 1974 §20-38; Ord. No. 696 §4, 4-19-1967]
The Planning Commission shall appoint the 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 Planning Commission, exclusive of grants and gifts, shall be
within the amounts appropriated for that purpose by the City Council.