[CC 1996 §400.010; CC 1977 §40.010; Ord. No. 1106 §I, 5-10-1999]
For the purpose of this Chapter, the following terms mean or
include:
The chief legislative body of the City of Bowling Green.
The Planning and Zoning Commission of the City of Bowling
Green.
Any public ways.
The division of a parcel of land into (2) two or more lots
or other divisions of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
[CC 1996 §400.020; CC 1977 §40.020]
The Board of Aldermen of the City of Bowling Green shall adopt,
amend and carry out a City Plan and appoint a Planning and Zoning
Commission with the powers and duties herein set forth.
[CC 1996 §400.030; Ord. No. 1106 §II, 5-10-1999; Ord. No. 1549 §§I — II, 1-22-2007]
A.
The
Planning and Zoning Commission of the City of Bowling Green shall
consist of seven (7) members as follows, to wit:
1.
The Mayor, if the Mayor chooses to be a member;
2.
A member of the Board, if the Board chooses to have a member serve
on the Commission; and
3.
Not more than fifteen (15) nor less than five (5) citizens appointed
by the Mayor and approved by the Board.
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All citizens of the Commission shall serve without compensation.
The term of each citizen member shall be for four (4) years, except
that the terms of the citizen members first 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 aforesaid. The Board of Aldermen may remove any citizen
member for cause stated in writing and after public hearing.
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[CC 1996 §400.040]
The 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 Commission shall
hold regular meetings and special meetings as they 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 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 Commission, exclusive
of grants and gifts, shall be within the amounts appropriated for
the purpose by the Board.
[CC 1996 §400.050; CC 1977 §40.050]
The Commission shall maintain a City Plan for the physical development
of the City of Bowling Green. 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 1996 §400.060; CC 1977 §40.060]
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.
[CC 1996 §400.070]
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 municipality. 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 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 Recorder of Deeds of Pike
County and shall be available at the City Clerk's office for public
inspection during normal office hours.
[CC 1996 §400.080; CC 1977 §40.080]
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.
[CC 1996 §400.090; CC 1977 §40.090]
Whenever the Commission adopts the plan of the City of Bowling
Green 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 of Aldermen, and the Board of Aldermen by
vote of not less than two-thirds (⅔) of its entire membership
may overrule the disapproval and, upon the overruling, the Board of
Aldermen 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 to the Planning and Zoning Commission shall 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 1996 §400.100; CC 1977 §40.100]
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 Commission as
outlined in said Chapter.
[CC 1996 §400.110; CC 1977 §40.110]
After the Planning and Zoning Commission of the City of Bowling
Green 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 Pike County, then no plat
of a subdivision of land lying within the municipality 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
of Aldermen has approved the plat as provided by law.
[CC 1996 §400.120; CC 1977 §40.120]
Before adoption of any subdivision regulations or any amendment
thereof by the Board of Aldermen, a duly advertised public hearing
thereof shall be held by the Board of Aldermen.
[CC 1996 §400.140; CC 1977 §40.140]
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.
[CC 1996 §400.160; CC 1977 §40.160]
Upon adoption of a major street plan and subdivision regulations,
the City of Bowling Green 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 of Aldermen or the Planning
and Zoning Commission or on a street plan made by and adopted by the
Commission. 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 1996 §400.170; CC 1977 §40.170]
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 Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of Section 400.140.
[CC 1996 §400.180; CC 1977 §40.180]
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 of Aldermen 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 of
Aldermen.
[Ord. No. 1637 §§I —
VIII, 8-17-2009]
A.
A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Bowling Green, Missouri, being marked and designated as the International Zoning Code, 2006 Edition, as published by the International Code Council, be and is hereby adopted as the Zoning Code of the City of Bowling Green in the State of Missouri for regulating and governing the development, erection, construction, enlargement, alteration, repair, movement, removal, demolition, conversion, occupancy, use, height, area and maintenance of all buildings, structures and lots in the City of Bowling Green; providing for the issuance of permits, including conditional use permits, and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Zoning Code on file in the office of the City of Bowling Green, Missouri, are hereby referred to, adopted and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (C) of this Section.
B.
(Reserved)
E.
If
any Subsection, sentence, clause or phrase of this Section is, for
any reason, held to be unconstitutional, such decision shall not affect
the validity of the remaining portions of this Section. The Board
of Aldermen hereby declares that it would have passed this Section
and each Subsection, clause or phrase thereof, irrespective of the
fact that any one (1) or more Subsections, sentences, clauses and
phrases be declared unconstitutional.
F.
Nothing in this Section or in the Zoning Code hereby adopted shall be construed to affect any suit or proceeding impending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in Subsection (D) of this Section; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Section.
G.
This
Section and the rules, regulations, provisions, requirements, orders
and matter established and adopted hereby shall take effect and be
in full force and effect from and after the date of its final passage
and adoption.
