City of Hollister, MO
Taney County
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Table of Contents
Table of Contents
[CC 1983 §41.020]
The Board of Aldermen of the City of Hollister shall adopt, amend and carry out a City Plan, and appoint a Planning Commission with the powers and duties herein set forth.
[Ord. No. 269 §41.030, 2-19-1987; Ord. No. 98-10, 3-19-1998; Ord. No. 99-56, 10-7-1999; Ord. No. 00-20, 9-7-2000; Ord. No. 13-04, 3-7-2013]
The Planning Commission of the City of Hollister shall consist of six (6) citizen members (appointed by the Mayor and approved by the Board of Aldermen) and the Mayor or a member of the Board of Aldermen. The Mayor or a member of the Board of Aldermen representation on the Planning Commission shall be determined annually in April.
Four (4) Planning Commission members constitute a quorum of a seven (7) member Commission.
All citizen members of the Commission shall serve without compensation. The terms 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 the succeeding terms shall 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.
Qualifications to become a citizen planning member are as follows: Must be at least twenty-one (21) years of age, a citizen of the United States, a resident and inhabitant of the City for one (1) year prior to appointment, registered voter, and have paid all their City taxes.
[Ord. No. 466 §41.031, 8-6-1992; Ord. No. 95-02 §41.031, 1-19-1995; Ord. No. 98-47, 1-7-1999; Ord. No. 05-01, 1-6-2005; Ord. No. 06-14, 5-4-2006; Ord. No. 07-39, 10-4-2007]
Regular Meetings. The Planning Commission Board of the City shall meet in regular session in the Council room of the City Hall on the second (2nd) Tuesday of every month at 6:30 P.M.
When any such meeting day is a holiday, the regular meeting shall be held the following day on Wednesday.
The Board may, by motion, dispense with any regular meeting, but at least one (1) meeting, regular or special, must be held in each calendar month.
Special Meetings. Special meetings may be called by the Chairman or by any two (2) Planning Board members by written notice filed with the City Clerk, who shall thereupon prepare a notice of such special meeting, starting time, place, and object thereof. A notice of a special meeting must be given twenty-four (24) hours prior to a meeting. Immediately upon receipt of the request for the meeting the City Clerk shall:
Notify each member of the Planning Board either by serving such notice personally upon each member at his/her usual place of residence at least twelve (12) hours before the time of the meeting, or by telephone, or otherwise.
Failure to comply with the requirements of this Section shall invalidate any action taken at a special meeting of the Planning Board.
[Ord. No. 94-20 §41.040, 5-5-1994]
The Commission shall elect a Chairman and Vice-Chairman from among the citizen members, the terms shall be for one (1) year, with eligibility for re-election. In the absence of the Chairman, the Vice-Chairman shall conduct the proceedings. 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 record of its proceedings. These records shall be public records. The Commission shall appoint the employees and staff necessary for its works, and may contract with City Planners and other professional persons for the service 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 of Aldermen.
A Secretary shall be hired by the City to attend all meetings of the Commission to take minutes of said meeting. The Secretary shall not be a voting member of the Commission.
[Ord. No. 96-21 §410.050, 6-19-1996]
The Building Commissioner shall be a resident of Hollister recommended by the Planning Commission, appointed by the Mayor, and approved by the Board of Aldermen. The Building Commissioner shall serve without compensation. The Building Commissioners' duties shall consist of:
Making final determination regarding any disagreements of Building Code interpretation and visiting sites as needed to do his/her duty.
All duties of the Building Commissioner as named in the Unsafe Building Code.
Editor's Note — Ord. no. 95-24 adopted on 6-1-1995, repealed section 410.050 with no replacement provisions. Former section 410.050 derived from ord. no. 450 §41.041, 3-5-1992. Ord. no. 96-21, 6-19-1996 then set out these new provisions.
[CC 1983 §41.050]
The Commission shall make and adopt a City Plan for the physical development of the City of Hollister. The City Plan with accompanying maps, plats, charts and descriptive and explanatory matters, 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, nonprofit and public structures and premises, and of population density.
[CC 1983 §41.060]
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 1983 §41.070]
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 City of Hollister. The hearing may be adjourned from time to time. The adoption of a plan requires a majority vote of the full membership of the Planning Commission. The resolution shall refer expressly to the map's 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 shall be available in the office of the County Recorder of Deeds and shall be available at the Municipal Clerk's office for public inspection during normal office hours.
[CC 1983 §41.080]
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 1983 §41.090]
Whenever the Commission adopts the plan of the City of Hollister or any department 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 of Aldermen 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 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 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 1983 §41.100]
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.
[Ord. No. 449 §41.101, 3-5-1992]
The Hollister Building Inspector will review and issue all permits (residential, commercial, and industrial). The Building Inspector shall have the option to send any permit to the Building Commissioner for review. The Building Permit applicant shall have the right to ask the Building Commissioner for his/her opinion on any disagreements concerning the permit.
[CC 1983 §41.110]
After the Planning Commission of the City of Hollister 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 Taney 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 has approved the plat as provided by law.
[CC 1983 §41.120]
Before adoption of any subdivision regulations, or any amendment thereof by the Board of Aldermen, a duly advertised public hearing thereof may be held by the Board.
[CC 1983 §41.130]
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 (60) day period. The ground of disapproval of any plat by the Commission shall be made a matter of record.
[CC 1983 §41.140]
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 1983 §41.150]
No owner or agent of the owner of any land located within the planning jurisdiction of the City of Hollister, 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 Commission, and recorded in the office of the Taney County Recorder. Any person violating the provision of this Section shall forfeit and pay 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. Said penalty shall be set by the Board of Aldermen. The City of Hollister may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
[CC 1983 §41.160]
Upon adoption of a Major Street Plan and subdivision regulations of the City of Hollister 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 the 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 of Aldermen.