[CC 2001 §2.48.050; Ord. No. 13.00 §5, 11-12-1968]
The Commission shall make and adopt a City plan for the physical
development of the City. 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
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, but the
adoption, enforcement and administration of the zoning plan shall
conform to the provisions of Sections 89.010 to 89.250 RSMo., 1963.
[CC 2001 §2.48.060; Ord. No. 13.00 §6, 11-12-1968]
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.
[CC 2001 §2.48.070; Ord. No. 13.00 §7, 11-12-1968]
The Commission may adopt the plan as 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. 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 the
file number and a copy of the plan or part thereof shall be certified
to the Council and the Municipal Clerk and a copy shall be recorded
in the office of the St. Francois County Recorder of Deeds.
[CC 2001 §2.48.090; Ord. No. 13.00 §9, 11-12-1968]
Whenever the Commission adopts the plan of the City or any part
thereof, no street or other 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 plan Commission. In case of disapproval, the Commission
shall communicate its reasons to the Council and the Council, by vote
of not less than two-thirds (⅔) of its entire membership, may
overrule the disapproval and, upon the overruling, the Council 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 Council, 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 2001 §2.48.110; Ord. No. 13.00 §11, 11-12-1968]
After the Planning Commission of the City 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 St. Francois 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 City Council and the Council has approved
the plat as provided by law.
[CC 2001 §2.48.130; Ord. No. 13.00 §§13 — 14, 11-12-1968]
A.
Within
sixty (60) days after 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.
B.
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.
No owner, or agent of the owner, of any land located within
the platting jurisdiction of the City, 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 Council or Planning
Commission and recorded in the office of the appropriate County Recorder
unless the owner or agent shall disclose in writing that such plat
has not been approved by such Council or Planning Commission and the
sale is contingent upon the approval of such plat by such Council
or Planning 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. The City may enjoin or vacate the transfer or sale
or agreement by legal action, and may recover the penalty in such
action.
[CC 2001 §2.48.150; Ord. No. 13.00 §16, 11-12-1968]
Upon adoption of a major street plan and subdivision regulations,
the City 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 Council or the Planning Commission or on a street
plan made and adopted by the Commission. The Council 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 City Council.
[CC 2001 §2.48.160; Ord. No. 13.00 §17, 11-12-1968]
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.
[CC 2001 §2.48.170; Ord. No. 13.00 §18, 11-12-1968]
Whenever a plan for major streets has been adopted, the Council,
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 Council 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 Council. The Council 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 privilege, may be avoided. If
there is a Board of Zoning Adjustment on October 13, 1963, 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 89.360 RSMo.,
1963.
