[R.O. 2013 § 400.010; Ord. No.
65-9 § 1]
For the purposes of this Chapter, the following words or phrases
shall have the meanings respectively ascribed to them by this Section:
The division of a parcel of land into two (2) or more lots
or other divisions of land; such word includes resubdivision and,
when appropriate to the context, relates to the process of subdividing
or to the land or territory subdivided.
[R.O. 2013 § 400.020; Ord. No.
65-9 § 2]
The Board of Aldermen 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. 2013 § 400.030; Ord. No.
65-9 § 3; Ord. No. 91-10 § 1, 4-22-1991; Ord. No. 12-53 § 1, 12-10-2012]
The Planning and Zoning Commission for the City shall consist
of seven (7) citizens appointed by the Mayor and approved by the Board
of Aldermen; the Mayor, if the Mayor chooses to be a member; and,
if the Board of Aldermen chooses to have a member serve on the Commission,
a member of the Board of Aldermen selected by the Board annually at
its first organizational meeting. All citizen members of the Commission
shall serve without compensation. The term 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 will be staggered. Any vacancy in the membership
shall be filled for the unexpired term by appointment as aforesaid.
The Board may remove any citizen member for cause stated in writing
and after public hearing.
[R.O. 2013 § 400.040; Ord. No.
65-9 § 4]
The Planning and Zoning Commission shall elect a Chairman and
secretary from among the citizen members. The term of the Chairman
and secretary shall be for one (1) year with eligibility for reelection.
The Commission shall hold regular meetings and special meetings as
it provides by rules, and shall adopt rules for the transaction of
business and keep a record of its proceedings. These 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
of Aldermen.
[R.O. 2013 § 400.050; Ord. No.
65-9 § 8]
All public officials shall, upon request, furnish to the Planning
and Zoning 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. 2013 § 400.060; Ord. No.
65-9 § 10]
The Planning and Zoning 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 such Chapter.
[R.O. 2013 § 400.070; Ord. No.
65-9 § 7]
The Planning and Zoning Commission may adopt the City 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 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
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 such plan, or part
thereof, shall be filed in the office of the Commission and identified
properly by file number. A copy of the plan, or part thereof, shall
be certified to the Board of Aldermen and the City Clerk, 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.
[R.O. 2013 § 400.080; Ord. No.
65-9 § 6]
In the preparation of the City plan, the Planning and Zoning
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 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. 2013 § 400.090; Ord. No.
65-9 § 5]
The Planning and Zoning 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, 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; and
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.
[R.O. 2013 § 400.100; Ord. No.
65-9 § 9]
Whenever the Planning and Zoning Commission adopts the plan
of the City, or any department thereof, no street or other public
facility, and no public utility, whether publicly or privately owned,
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 and Zoning Commission. In case of disapproval, the Commission
shall communicate its reasons to the Board of Aldermen, and the Board
of Aldermen 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 other appropriate body 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,
the submission to the Planning and Zoning Commission shall be by the
body having jurisdiction, and the Planning and Zoning Commission's
disapproval may be overruled by that body 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. 2013 § 400.110; Ord. No.
65-9 §§ 11, 12]
A.
After the Planning and Zoning 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 the County, 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.
B.
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. 2013 § 400.120; Ord. No.
65-9 § 13]
Within sixty (60) days after submission of a subdivision plat
to the Planning and Zoning Commission, the Commission shall approve
or disapprove the plat. Otherwise the plat shall be 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
grounds of disapproval of any plat by the Commission shall be made
a matter of record.
[R.O. 2013 § 400.130; Ord. No.
65-9 § 14]
The approval of a plat by the Planning and Zoning 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.
[R.O. 2013 § 400.140; Ord. No.
65-9 § 15]
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 Board of Aldermen
or Planning and Zoning Commission and recorded in the office of the
County Recorder unless the owner or agent shall disclose, in writing,
that such plat has not been approved by such Board of Aldermen or
Planning and Zoning Commission and the sale is contingent upon the
approval of such plat by such Board of Aldermen or Planning and Zoning
Commission. 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. The City may enjoin or vacate the transfer or sale or agreement
by legal action, and may recover the penalty in such action.
[R.O. 2013 § 400.150; Ord. No.
65-9 § 16]
Upon the adoption of a major street plan and subdivision regulations,
the City shall not accept, lay out, open, improve, grade, pave or
light any street or 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 corresponds in its location
and lines with a street shown either on a subdivision plat approved
by the Board of Aldermen 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 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. 2013 § 400.160; Ord. No.
65-9 § 17]
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 Planning and Zoning Commission, unless the street giving access to the lot upon which the building is proposed to be placed, conforms to the requirements of Section 400.150.
[R.O. 2013 § 400.170; Ord. No.
65-9 § 18]
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, 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 of Aldermen 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. 2013 § 400.180; Ord. No.
65-9 § 19]
Any person violating the provisions of this Chapter shall be
deemed guilty of an ordinance violation and, upon conviction thereof,
shall be fined not less that one hundred dollars ($100.00) nor more
than five hundred dollars ($500.00), or shall be confined in the County
Jail for not more than one (1) year, or shall be both so fined and
imprisoned.
