[R.O. 1996 § 400.010; Ord. No. 296 § 1, 7-14-1988]
For the purpose of this Chapter,
the following terms mean or include:
The chief legislative body of the City of Gerald.
Any public ways.
The division of a parcel of land into two (2) 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.
[R.O. 1996 § 400.020; Ord. No. 296 § 2, 7-14-1988]
The Board of Aldermen of the City
of Gerald shall adopt, amend and carry out a City Plan, and appoint
a Planning and Zoning Commission with the powers and duties herein
set forth.
[R.O. 1996 § 400.030; Ord. No. 296 § 3, 7-14-1988; Ord. No. 465 § 1, 2-10-2000; Ord. No. 559 § 1, 10-14-2004; Ord. No. 635 § 1, 6-12-2008; Ord. No. 687 § 1, 11-4-2010; Ord. No. 840 § 1, 4-13-2017[1]]
There shall be a City of Gerald Planning
and Zoning Commission consisting of seven (7) members, including one
(1) member of the Board of Aldermen selected by the Board and six
(6) citizen members appointed by the Mayor and approved by the Board.
All citizen members shall serve without compensation. The term of
the citizen members shall be four (4) years, except that the terms
of the citizen members first appointed shall be for varying periods
so that succeeding terms will be staggered. The Board may remove any
citizen member for cause stated in writing and after public hearing.
[1]
Editor's Note: Ord. No. 840 also changed the
title of this Section from "Composition and Organization" to "Membership."
[R.O. 1996 § 400.040; Ord. No. 296 § 4, 7-14-1988; Ord. No. 816 § 1, 6-9-2016]
The Commission shall elect a Chairman
and Secretary from among the citizen members. The term of Chairman
and Secretary shall be for one (1) year, with eligibility for reelection.
In the event of the absence of the chairman, the board can elect a
chair from the Planning and Zoning Commission for that meeting. In
the event of the Secretary's absence, the Chair will ensure proper
minutes are taken. The Commission shall hold regular meetings and
special meetings as they provide by rule, and shall adopt rules for
the transaction of business, and keep a record of its proceedings.
The 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.
[R.O. 1996 § 400.050; Ord. No. 296 § 5, 7-14-1988]
The Commission shall make and adopt
a City Plan for the physical development of the City of Gerald. 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. 1996 § 400.060; Ord. No. 296 § 6, 7-14-1988]
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 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.
[R.O. 1996 § 400.070; Ord. No. 296 § 7, 7-14-1988]
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 Gerald. 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 and the Municipal Clerk, and a copy shall be available
in the office of the Franklin County Recorder of Deeds and shall be
available at the Municipal Clerk's office for public inspection during
normal office hours.
[R.O. 1996 § 400.080; Ord. No. 296 § 8, 7-14-1988]
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. 1996 § 400.090; Ord. No. 296 § 9, 7-14-1988]
Whenever the Commission adopts the
Plan of the City of Gerald 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 City 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. 1996 § 400.100; Ord. No. 296 § 10, 7-14-1988]
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. 1996 § 400.110; Ord. No. 296 § 11, 7-14-1988]
After the Planning and Zoning Commission
of the City of Gerald adopts a City Plan which includes at least a
Major Street Plan, or progresses in its City planning to the making
and adopting of a Major Street Plan, and files a certified copy of
the Major Street Plan in the office of the Recorder of Deeds of Franklin
County, 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 Commission to the Board of
Aldermen, and the Board, has approved the plat as provided by law.
[R.O. 1996 § 400.120; Ord. No. 296 § 12, 7-14-1988]
Before adoption of any subdivision
regulations, or any amendment thereof by the Board of Aldermen, a
duly advertised public hearing thereon shall be held by the Board.
[R.O. 1996 § 400.130; Ord. No. 296 § 13, 7-14-1988]
Within sixty (60) days after submission
of a subdivision 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-day period. The ground
of disapproval of any plat by the Commission shall be made a matter
of record.
[R.O. 1996 § 400.140; Ord. No. 296 § 14, 7-14-1988]
The approval of a plat by the Commission
does 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.
[R.O. 1996 § 400.150; Ord. No. 296 § 15, 7-14-1988]
No owner or agent of the owner of
any land located within the platting jurisdiction of the City of Gerald,
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 Franklin 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. Said penalty shall be set by the Board of Aldermen.
The City of Gerald may enjoin or vacate the transfer or sale or agreement
by legal action, and may recover the penalty in such action.
[R.O. 1996 § 400.160; Ord. No. 296 § 16, 7-14-1988]
Upon adoption of a Major Street Plan
and subdivision regulations, the City of Gerald 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 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 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. 1996 § 400.170; Ord. No. 296 § 17, 7-14-1988]
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 above-described.
[R.O. 1996 § 400.180; Ord. No. 296 § 18, 7-14-1988]
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 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 center line 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.
[R.O. 1996 § 400.190; Ord. No. 296 § 19, 7-14-1988]
Any person violating the provisions
of the this Chapter shall be guilty of an ordinance violation and
upon conviction thereof shall be fined not less than one hundred dollars
($100.00) nor more than five hundred dollars ($500.00), or by confinement
in the County Jail for not more than ninety (90) days, or by both
such confinement and fine.
