City of Richmond, MO
Ray County
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Table of Contents
Table of Contents
Cross References — Buildings and building regulations, §500.010 et seq.; electricity, §500.140 et seq.; mobile homes and mobile home parks, §420.010 et seq.; parks and recreation, §240.010 et seq.; streets and sidewalks, §510.010 et seq.; water and sewers, §700.010 et seq.
Article I Planning

Section 400.010 Definitions.

Section 400.020 City Council to Adopt City Plan.

Section 400.030 Planning Commission to Adopt City Plan and Zoning Plan.

Section 400.040 Surveys and Studies in Preparation of City Plan — Purpose of Plan.

Section 400.050 City Plan May Be Adopted as a Whole or in Parts.

Section 400.060 Hearing Prior to Adoption, Amendment or Extension of City Plan — Notice of Hearing.

Section 400.070 Majority Vote Required for Adoption of City Plan — Manner of Adopting — Filing.

Section 400.080 Planning Commission to Approve Installation of Streets, Utilities, Etc., Upon Adoption of City Plan.

Section 400.090 Street, Water and Sewer Utility Improvements to Be Approved Prior to Adoption of City Plan.

Section 400.100 Street, Water and Sewer Utility Improvements — Access Streets to Be Approved Prior to Erection of Buildings.

Section 400.110 Building and Setback Lines May Be Regulated Upon Adoption of Major Street Plan.

Section 400.120 Sale of Property by Reference to Unrecorded Plat.

Section 400.130 Public Hearing May Be Held Prior to Adoption of Subdivision Regulations.

Section 400.140 Plats and Subdivisions Not to Be Recorded Until Approved by Planning Commission and City Council.

Section 400.150 Period of Time in Which Plats and Subdivisions Are to Be Acted on by Commission — Decision to Be Public Record.

Section 400.160 Approval of Plat Not to Constitute Acceptance of Dedication.

Section 400.170 Application for Rezoning — City Council to Consider Reasonable Zoning Conditions — Use of Rezoned Property.

Article II Planning Commission

Section 400.180 Appointment.

Section 400.190 Composition — Compensation.

Section 400.200 Terms — Filling Vacancies.

Section 400.210 Removal of Members.

Section 400.220 Election of Chairman and Secretary.

Section 400.230 General Powers.

Section 400.240 Commission to Have Powers of Zoning Commission and Planning Commission.

Section 400.250 Right of Entry for Purposes of Making Examinations and Surveys.

Section 400.260 Duty of Public Officials to Furnish Information to Commission.

Section 400.270 Meetings, Rules, Records.

Section 400.280 Employees and Staff — Expenditures.

Section 400.010 Definitions.

[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.

Section 400.020 City Council to Adopt City Plan.

[CC 1974 §20-2; Ord. No. 696 §2, 4-19-1967]
The City Council shall adopt, amend and carry out a City Plan.

Section 400.030 Planning Commission to Adopt City Plan and Zoning 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.

Section 400.040 Surveys and Studies in Preparation of City Plan — Purpose of Plan.

[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.

Section 400.050 City Plan May Be Adopted as a Whole or in Parts.

[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.

Section 400.060 Hearing Prior to Adoption, Amendment or Extension of City Plan — Notice of Hearing.

[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.

Section 400.070 Majority Vote Required for Adoption of City Plan — Manner of Adopting — Filing.

[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.

Section 400.080 Planning Commission to Approve Installation of Streets, Utilities, Etc., Upon Adoption of City Plan.

[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.

Section 400.090 Street, Water and Sewer Utility Improvements to Be Approved Prior to Adoption of City Plan.

[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.

Section 400.100 Street, Water and Sewer Utility Improvements — Access Streets to Be Approved Prior to Erection of Buildings.

[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.

Section 400.110 Building and Setback Lines May Be Regulated Upon Adoption of Major Street Plan.

[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.

Section 400.120 Sale of Property by Reference to Unrecorded Plat.

[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.

Section 400.130 Public Hearing May Be Held Prior to Adoption of Subdivision Regulations.

[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.

Section 400.140 Plats and Subdivisions Not to Be Recorded Until Approved by Planning Commission and 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.

Section 400.150 Period of Time in Which Plats and Subdivisions Are to Be Acted on by Commission — Decision to Be Public Record.

[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.

Section 400.160 Approval of Plat Not to Constitute Acceptance of Dedication.

[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.

Section 400.170 Application for Rezoning — City Council to Consider Reasonable Zoning Conditions — Use of Rezoned Property. [1]

[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.
No building permit or occupancy permit shall be issued without all rezoning requirements being met by the owner.
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.
[1]
Cross Reference — Zoning, ch. 405.

Section 400.180 Appointment.

[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.

Section 400.190 Composition — Compensation.

[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.

Section 400.200 Terms — Filling Vacancies.

[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.

Section 400.210 Removal of Members.

[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.

Section 400.220 Election of Chairman and Secretary.

[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.

Section 400.230 General Powers.

[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.

Section 400.240 Commission to Have Powers of Zoning Commission and Planning Commission.

[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.

Section 400.250 Right of Entry for Purposes of Making Examinations and Surveys.

[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.

Section 400.260 Duty of Public Officials to Furnish Information to Commission.

[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.

Section 400.270 Meetings, Rules, Records.

[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.

Section 400.280 Employees and Staff — Expenditures.

[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.