[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; Ord. No. 18-60, 11-1-2018]
A.
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. Annually,
the Mayor shall appoint one (1) member of the Board of Aldermen to
serve as a voting member of the Planning Commission. This Alderman
is included as one (1) of the six (6) members established in this
Subsection.
Four (4) Planning Commission members constitute a quorum of
a seven-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 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.
B.
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]
A.
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.
B.
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:
1.
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.
2.
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; Ord. No. 17-11, 3-2-2017]
A.
The
Commission shall elect a Chairman and Vice-Chairman from among the
citizen members, serving a one (1) year term starting on June 1st,
with eligibility for re-election annually. 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.
B.
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]
A.
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:
[1]
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.
