There is hereby established within and for the City a Planning and Zoning Commission which shall consist of not more than fifteen (15) nor less than seven (7) members, including the Mayor, if the Mayor chooses to be a member; a member of the Board of Aldermen selected by the Board, if the Board chooses to have a member serve on the Commission; and not more than fifteen (15) nor less than five (5) citizens appointed by the Mayor and approved by the Board of Aldermen. 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.
All citizen members of the Planning and Zoning Commission shall serve without compensation.
The Planning and Zoning Commission shall elect a Chairman and a 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 they 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.
The expenditures of the Planning and Zoning Commission, exclusive of grants and gifts, shall be within amounts appropriated for the purposes of the Board of Aldermen.
All public officials shall upon request furnish to the Planning and Zoning Commission, within a reasonable time, all available information it requires for its works.
In general, the Planning and Zoning Commission shall have the power necessary to enable it to perform its functions and promote City planning. The Planning and Zoning Commission shall have the power to 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 Board as outlined in such Chapter.
[CC 1978 §44.010]
For the purpose of this Chapter, the following terms mean or include:
- Board of Aldermen of the City of Warsaw.
- 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.
[CC 1978 §44.040]
The Commission shall make and adopt a City plan for the physical development of the municipality. 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 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 may 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 Chapter 89, RSMo.
[CC 1978 §44.050]
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 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.
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 County Recorder of Deeds and shall be available at the City Clerk's office for public inspection during normal office hours.
[CC 1978 §44.070]
The Commission may make reports and recommendations relating to the plan and development of the municipality 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 the municipality programs for public improvements and the financing thereof. 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 1978 §44.080]
Whenever the Commission adopts the plan of the municipality 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 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 (⅔) 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 (1) the authorization or financing of which does not fall within the province of the Board, 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. 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 1978 §44.090]
The Commission shall have and perform all of the functions of the Zoning Commission provided for in Chapter 89, RSMo.
[CC 1978 §44.100]
When the Planning Commission of any municipality 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 County Recorder of the County in which the municipality is located, 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 has approved the plat as provided by law.
[CC 1978 §44.110]
The Planning Commission shall recommend and the Board of Aldermen may by ordinance adopt regulations governing the subdivision of land within its jurisdiction. The regulations, in addition to the requirements provided by law for the approval of plats, may provide requirements for the coordinated development of the City; 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 the City; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic; provided that, the City may only impose requirements and the posting of bonds regarding escrows for subdivision-related regulations as provided for in Subsections (2) through (4) of Section 89.410, RSMo.
The regulation may include requirements as to the extent and the manner in which the streets of the subdivision or any designated portions thereto shall be graded and improved as well as including requirements as to the extent and manner of the installation of all utility facilities. Compliance with all of these requirements is a condition precedent to the approval of the plat. The regulations or practice of the Board of Aldermen may provide for the tentative approval of the plat previous to the improvements and utility installations; but any tentative approval shall not be entered on the plat. The regulations may provide that, in lieu of the completion of the work and installations previous to the final approval of a plat, the Board of Aldermen may accept a bond or escrow in an amount and with surety and other reasonable conditions, providing for and securing the actual construction and installation of the improvements and utilities within a period specified by the Board of Aldermen and expressed in the bond; provided that, the release of such escrow by the City shall be as specified in this section. The Board of Aldermen may enforce the bond by all appropriate legal and equitable remedies. The regulations may provide, in lieu of the completion of the work and installations previous to the final approval of a plat, for an assessment or other method whereby the Board of Aldermen is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision. The regulations may provide for the dedication, reservation or acquisition of lands and open spaces necessary for public uses indicated on the City plan and for appropriate means of providing for the compensation, including reasonable charges against the subdivision, if any, and over a period of time and in a manner as is in the public interest.
Before adoption of its subdivision regulations or any amendment thereof, a duly advertised public hearing thereon shall be held by the Board.
[CC 1978 §44.120]
Within sixty (60) days after the submission of a 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 (60) day period. The ground of disapproval of any plat by the Commission shall be made a matter of record.
[CC 1978 §44.130]
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 on the plat.
[CC 1978 §44.140]
No County Recorder shall receive for filing or recording any subdivision plat required to be approved by a Board of Aldermen or municipal Planning Commission unless the plat has endorsed upon it the approval of the Board of Aldermen under the hand of the Clerk and the Seal of the City or by the Secretary of the Planning Commission.
[CC 1978 §44.150]
No owner or agent of the owner of any land located within the platting jurisdiction of any municipality, knowingly or with intent to defraud shall 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 Commission and recorded in the office of the appropriate County Recorder. Any person violating the provisions of this Section shall forfeit and pay to the municipality 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. A municipality may enjoin or vacate the transfer or sale or agreement by legal action and may recover the penalty in such action.
[CC 1978 §44.160]
Upon adoption of a major street plan and subdivision regulations, the municipality 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 or Planning 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 (⅔) of the entire membership of the Board.
[CC 1978 §44.170]
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 400.210.
[CC 1978 §44.180]
Whenever a plan for major streets has been adopted, the Board, 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 Board is authorized to 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 Board. The Board shall provide for the method by which this Section shall be administered and enforced and may provide for a Board of Adjustment with powers to modify or vary the regulations, in specific cases, in order that unwarranted hardship, which constitutes an unreasonable deprivation of use as distinguished from the mere grant of a privilege, may be avoided. If there is a Board of Zoning Adjustment on the effective date of this act, that Board shall be appointed to serve as the Board of Adjustment for the building line regulations. If there is no Board of Zoning Adjustment, the personnel, length of terms, method of appointment and organization of the Board of Adjustment for the building line regulations shall be the same as now provided for municipal Boards of Zoning Adjustment. The regulations of this Section shall not be adopted, changed or amended until a public hearing has been held thereon as provided in Section 400.110 of this Article.
[Ord. No. 240 §2, 3-21-2016]
Purpose. The purpose of this policy is to set forth guiding principles and practices for use in all transportation projects, where practicable, economically feasible, and otherwise in accordance with applicable law, so as to encourage walking, bicycling, and other non-motorized forms of transit, in addition to normal motorized transit, including personal, freight, and public transit vehicles. All uses must be designed to allow safe operations for all users regardless of age or ability. The ultimate goal of this policy is the creation of an interconnected network of complete streets that balances the needs of all users in pleasant and appealing ways in order to achieve maximum functionality and use.
Application And Scope.
This policy requires the City Administrator to include complete street elements in the design, construction and maintenance of public transportation projects, improvements and facilities. The City Administrator or City Council may exempt a project from this policy, provided one or more of the following conditions are met:
Non-motorized use of the roadway under consideration is prohibited by law. In this case a greater effort may be necessary to accommodate bicyclists and pedestrians elsewhere within the right-of-way or within the same transportation corridor.
The cost of inclusion would be excessively disproportionate to the need or probable use. "Excessively disproportionate" is defined as exceeding twenty percent (20%) of the cost of the larger transportation project. This twenty-percent (20%) figure should be used in an advisory rather than an absolute sense.
The street has severe topographic or natural resource constraints. In all cases where an exemption has been granted, the City Administrator or other appropriate official shall document the decision and the invoked exemption condition(s) in the project plan.
The City will strive, where practicable and economically feasible, to incorporate complete streets elements into all public transportation projects in order to provide appropriate accommodation for bicyclists, pedestrians, transit users and persons of all abilities, while promoting safe operation for all users, in comprehensive and connected networks in a manner consistent with, and supportive of, the surrounding community.
The City will incorporate complete streets principles into all public strategic plans, upon subsequent updates. The principles, where practicable, shall be incorporated into other public works plans, manuals, rules, regulations, operational standards, and programs as appropriate and directed by the City Administrator. The principles shall be incorporated into appropriate materials and resources no later than two (2) years after the adoption of this Section.
It shall be a goal of the City to foster partnerships with the State of Missouri, Benton County, neighboring communities, and Warsaw City Business Districts in consideration of functional facilities and accommodations in furtherance of the City's complete streets policy and the continuation of such facilities and accommodations beyond the City's borders.
The City recognizes that complete streets may be achieved through single elements incorporated into a particular project or incrementally through a series of smaller improvements or maintenance activities over time. The City will attempt to draw upon all possible funding sources to plan and implement this policy and shall investigate grants that may be available to make complete streets elements more economically feasible.
The City recognizes that the elements comprising a complete street are only effective when appealing and pleasant to use and will ensure improvements meet those standards.
Study/Analysis To Be Undertaken As Part Of Public Transportation Project.
During the planning phase of any public transportation improvement project, a designee of the City Administrator (which may be the City's Design Engineer, or other person or firm deemed appropriate by the City Administrator) shall conduct a study and analysis relating to the addition and incorporation of complete streets elements into the project.
This policy requires consideration of complete streets elements by the Planning and Zoning Commission and Board of Aldermen, in appropriate circumstances. Accordingly, the City strongly encourages all developers and builders to obtain and comply with, as appropriate, these standards.
This policy is intended to cover all development and redevelopment in the public domain within Warsaw. This includes all public transportation projects such as, but not limited to, new road construction, reconstruction retrofits, upgrades, resurfacing, and rehabilitation. This also includes privately built roads intended for public use. As such, compliance with these principles may be factored into decisions related to the City's participation in private projects and whether the City will accept possession of privately built roads constructed after the passage of this Section. The City Administrator, on a case-by-case basis, may exclude routine maintenance from these requirements.
The City understands that special considerations and designs are necessary to accommodate older adults and disabled citizens. Accordingly, the City will ensure that those needs are met in all complete streets designs. All public transportation projects involving complete streets elements, where practicable, shall be ADA compliant to help meet those special considerations.
Guiding Principles And Practices.
"Complete street" defined. A complete street is designed to be a transportation corridor for all users: pedestrians, cyclists, transit users, and motorists. Complete streets are designed and operated to enable safe continuous travel networks for all users. Pedestrians, bicyclists, motorists and bus riders of all ages and abilities are able to safely move from destination to destination along and across a network of complete streets. Transportation improvements, facilities and amenities that may contribute to complete streets and that are considered as elements of a complete street include street and sidewalk lighting; pedestrian and bicycle safety improvements; access improvements, including compliance with the Americans with Disabilities Act; public transit facilities accommodation, including, but not limited to, pedestrian access improvement to transit stops and stations; street trees and landscaping; drainage; and street amenities.
The study and analysis shall include cost estimates, whether the elements could be incorporated in a safe and legal manner, the degree that such improvements or facilities may be utilized, the benefit of such improvements or facilities to other public transportation improvements, whether additional property is required, physical or area requirements or limitations and any other factors deemed relevant.
Such study and analysis shall be submitted to the City Administrator for consideration in the design and planning of the public transportation project. The City Administrator shall incorporate complete streets elements in each public transportation project to the extent that such is economically and physically feasible.
The City Administrator shall be responsible for the overall implementation and execution of the complete streets principles and practices.
The City Administrator shall collaborate with appropriate staff to adopt a complete streets checklist for use on all public transportation projects. The City encourages all developers and builders to obtain and use this checklist.
When available, appropriate, and monetarily feasible, the City shall support staff professional development and training on non-motorized transportation issues through attending conferences, classes, seminars, and workshops.
Editor's Note: Section 1 of this ordinance repealed former Section 400.240, Violation is Misdemeanor, adopted CC 1978 § 44.190.