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Town of Carrollton, MO
Carroll County
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Table of Contents
Table of Contents
[Ord. No. 804 § 1, 1968; readopted 3-17-2003]
For the purpose of this Article, the following terms mean or include:
COUNCIL
The chief legislative body of the Town of Carrollton.
COMMISSION
The Planning and Zoning Commission of the Town of Carrollton.
STREETS
Any public ways.
SUBDIVISION
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.
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Editor's Note: Original Sections 2, 3 and 4 of Ord. No. 804, which pertained to the Planning and Zoning Commission and which followed this Section, are excluded as superseded by Art. II of this Chapter.
[Ord. No. 804 § 5, 1968; readopted 3-17-2003]
The Commission shall make and adopt a Town plan for the physical development of the Town of Carrollton. The Town 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; 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.
[Ord. No. 804 § 6, 1968; readopted 3-17-2003]
In the preparation of the Town 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.
[Ord. No. 804 § 7, 1968; readopted 3-17-2003]
The Commission may adopt the plan as whole by a single resolution, or, as the work of making the whole Town plan progresses, may from time to time adopt a part or parts thereof, any part to correspond generally with one 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 with the Town of Carrollton. 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 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 Council and Town Clerk, and a copy shall be recorded in the office of the Carroll County Recorder of Deeds and shall be available at the Town Clerk's office for public inspection during normal office hours.
[Ord. No. 804 § 8, 1968; readopted 3-17-2003]
The Commission may make reports and recommendations relating to the plan and development of the Town 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 Town 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.
[Ord. No. 804 § 9, 1968; readopted 3-17-2003]
Whenever the Commission adopts the plan of the Town of Carrollton or any part thereof, no street or other public facilities, nor 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 and Zoning 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 (2/3) 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 and Zoning Commission shall be by the board having jurisdiction, and the Planning and Zoning Commission's disapproval may be overruled by that board 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.
[Ord. No. 804 § 10, 1968; readopted 3-17-2003]
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. 804 § 11, 1968; readopted 3-17-2003]
After the Planning and Zoning Commission of the Town of Carrollton adopts a Town plan which includes at least a major street plan, or progresses in its Town 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 Carroll 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 Town Council, and the Council has approved the plat as provided by law.
[Ord. No. 804 § 12, 1968; readopted 3-17-2003]
Before adoption of any subdivision regulations, or any amendment thereof by the Town Council, a duly advertised public hearing thereof may be held by the Council.
[Ord. No. 804 § 13, 1968; readopted 3-17-2003]
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-day period. The grounds of disapproval of any plat by the Commission shall be made a matter of record.
[Ord. No. 804 § 14, 1968; readopted 3-17-2003]
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.
[Ord. No. 804 § 15, 1968; readopted 3-17-2003]
No owner or agent of the owner of any land located within the planning jurisdiction of the Town of Carrollton, 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 the Planning and Zoning Commission and recorded in the office of the Carroll County Recorder unless the owner or agent shall disclose in writing that such plat has not been approved by the Council or the Planning and Zoning Commission and the sale is contingent upon the approval of such plat by such Council 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 Town of Carrollton may enjoin or vacate the transfer or sale or agreement by legal action, and may proceed to recover the penalty in such action.
[Ord. No. 804 § 16, 1968; readopted 3-17-2003]
Upon adoption of a major street plan and subdivision regulations, the Town of Carrollton 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 Town 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 and Zoning Commission or on a street plan made by and adopted by the Commission. The Council may locate and construct or may accept any other street if the ordinance of 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 (2/3) of the entire membership of the Town Council.
[Ord. No. 804 § 17, 1968; readopted 3-17-2003]
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.
[Ord. No. 804 § 18, 1968; readopted 3-17-2003]
Whenever a plan for major streets has been adopted, the Town Council, upon recommendation of the Planning and Zoning 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 may 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 and Zoning Commission and adopted by the Council.
[Ord. No. 804 § 19, 1968; readopted 3-17-2003]
Any person violating the provisions of this Article shall be guilty of an ordinance violation and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by confinement in the County jail for not more than one (1) year, or by both such fine and confinement.
[Ord. No. 945, 2-11-2002]
This Board shall be called the Planning and Zoning Commission of the Town of Carrollton, Missouri.
[Ord. No. 945, 2-11-2002]
The Commission shall make and adopt a Town plan for the physical development of the Town of Carrollton. The Town 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 which may include, among other things, the general location, character and extent of streets and other public ways, ground, places and spaces; and the general location and extent of public utilities and terminals, whether publicly or privately owned. The plan will also include the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general character, extension and layout of the re-planning 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. This zoning plan shall also regulate population density.
[Ord. No. 945, 2-11-2002]
A. 
The Commission shall consist of not more than fifteen (15) nor less than seven (7) members, including the Mayor, a member of the Town Council selected by said Council, the Town Engineer or other similar Town Official, and not more than twelve (12) nor less than four (4) citizens appointed by the Mayor and approved by the Council. All citizens members of the Commission shall serve without compensation. The term of each of the citizen members shall be for four (4) years. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Council may remove any citizen member for cause stated in writing and after public hearing.
B. 
The Commission shall elect a Chairman, Vice-Chairman, and Secretary from among the Citizen members at their organizational meeting in October. The terms for officers shall be for one (1) year, with eligibility for re-election.
[Ord. No. 945, 2-11-2002]
A. 
The Planning and Zoning Commission of the Town of Carrollton, Missouri, shall adopt rules for the transaction of business and keep records of its proceedings. These records shall be public records.
B. 
Duties Of The Chairman. The Chairman shall preside at all meetings in which he/she is in attendance. He/she shall preserve order and decorum and decide all questions of order subject to an appeal to the Commission. At the hour designated for Commission meetings, the Chairman shall call the Commission to order. After roll call, if a quorum be present, he/she shall present the minutes of the last meeting for correction and approval. The agenda, which has been prepared by the Chairman or Zoning Administrator, shall then be followed as to the order of business unless changes in the order of business are made by a majority of the members present. The Chairman shall present all requests of the Planning and Zoning Commission to the Town Council.
C. 
Duties Of The Vice-Chairman. The Vice-Chairman shall assume the duties of the Chairman during the Chairman's absence or disability. If a vacancy in the office of Chairman should occur, the Vice-Chairman shall become Chairman for the completion of the unexpired term of the Chairman.
D. 
Duties Of The Secretary. The Secretary shall maintain a record of the proceedings of all meetings of the Planning and Zoning Commission, said record to be know as the minutes of the Commission meetings. In the absence or disability of the Chairman and Vice-Chairman, the Secretary shall assume their duties and responsibilities.
E. 
Quorum. A quorum of four (4) members shall be necessary to conduct business at any regular or special meeting (for Commission with seven (7) members). A majority of members of the Commission shall constitute a quorum necessary to conduct business at any regular or special meeting. The affirmative vote of a those members present at a meeting of the Commission at which a quorum is present shall constitute the action of the Commission.
[Ord. No. 945, 2-11-2002]
A. 
Meetings.
1. 
The Planning and Zoning Commission shall hold regular meetings on the third Wednesday of every month at 6:00 P.M. in Council Chambers at Town Hall unless otherwise agreed upon by the Commission.
2. 
Special meetings may be called by the Chairman or on the written request of two (2) members. In accordance with Chapter 60, RSMo., the Commission shall adopt a reasonable method of notification to the public of all special meetings. Reasonable notice shall include making available copies of the notice to any representative of the news media who requests notice of particular meeting and posting the notice on the bulletin board located in the foyer of Town Hall. This notice shall be given at least twenty-four (24) hours prior to the commencement of any special meeting unless, of good cause, such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given. When it is necessary to hold a special meeting on less than twenty-four (24) hours' notice, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.
3. 
The Chairman has the authority to request the Zoning Administrator to publicize and set date of public hearing. This action is to be ratified at the next regular meeting of the Commission.
4. 
No public notice shall be required for regular meetings established by the by-laws of the Planning and Zoning Commission.
B. 
Agenda. An agenda stating the items to be discussed at each meeting, accompanied by a copy of the minutes of the preceding meeting, shall be mailed or otherwise delivered to each member of the Commission at least forty-eight (48) hours before the meeting at which the agenda is to be considered. Emergency business not on the agenda may be included in the discussion by the majority consent of all Commission members present at the meeting.
C. 
Order Of Business. The following shall be the order of business for the Planning and Zoning Commission but the rules of order may be suspended and any matters considered or postponed by majority action of the Commission.
1. 
Call to order.
2. 
Roll call.
3. 
Consideration of minutes of last regular meeting and any special meetings held subsequently and their approval or amendment. Minutes will only be read aloud if requested by a member of the Commission.
4. 
Reports of officers.
5. 
Reports of committees.
6. 
Unfinished business.
7. 
New business.
8. 
Adjournment.
D. 
Addressing Chair. When a member is about to speak, he/she shall respectfully address himself to the Presiding Officer, but shall not proceed with his/her remarks until recognized and named by the Chair.
E. 
Naming Speakers. When two (2) or more members address themselves to the Presiding Officer at the same time, the Presiding Officer shall name the person who is to speak first, the other person having preference to speak next.
F. 
Number Of Speeches; Disrespect. No member shall speak more than twice on the same questions without permission of the Chairman, nor more than once until every member choosing to speak shall have spoken; and in all discussions, disrespectful language or personalities shall be avoided.
G. 
Interrupting Speaker. While a member is speaking, other members shall not hold private discourses or in any other manner interrupt the speaker.
H. 
Calling To Order. A member called to order shall immediately desist from speaking unless permitted to explain by the Chairman. If there be no appeal, the decision of the Chair shall be conclusive, but if the member appeals to the Commission on the decision of the Chair, the Commission shall decide the question without debate.
I. 
Members Who Shall Vote. Every member who shall be present when a question is stated by the Chair shall vote thereon, unless excused by the Commission, or unless he/she be directly or indirectly interested in the questions, which interest must be pecuniary interest, in which case he/she shall not vote. The Zoning Administrator shall have the right to vote, if a member of the Commission.
J. 
Reducing Motion To Writing. Every motion shall be reduced to writing if the Presiding Officer desires it to be done.
K. 
Chairman To Read Motions; Second Required. When a motion is made and seconded, it shall be read aloud before it is debated and no motion shall be stated by the Chair or debated until the same is seconded. The Chairman shall call out the names of the speakers who made the motion and who seconded the motion.
L. 
Withdrawing Motions. After the motion is stated by the Presiding Officer, it shall be deemed to be in the possession of the Commission. The motion may be withdrawn at any time before a decision or amendment; but afterwards, only by consent of the Commission.
M. 
Amendment Or Substitute Motion Or Proposition. No new motion or proposition shall be admitted under color of an amendment or of a substitute for the pending motion of proposition which does not relate to the subject matter of the original motion or proposition.
N. 
Motion When Question Is Under Debate. When a question is under debate, no motion or proposition shall be entertained except: for the main question; to amend; to refer to a committee or to an Officer of the Town of Carrollton or the Commission; to lay on the table; or to adjourn.
O. 
When Motion To Adjourn Is In Order. A motion to adjourn shall always be in order, except when a member is in possession of the floor; while the yeas and nays are being called; while members are voting; when it was the last preceding motion; and when it has been decided that main question be taken.
P. 
"Main Question." The motion to call the main question shall be in this form: "The chair would entertain a motion. . . ." It shall only be admitted on a motion and a second and sustained by a vote of two-thirds (2/3) of the members present, and until decided, it shall preclude all amendments and further debate, and shall be decided without debate.
Q. 
When Motion To Amend And Debate Precluded. A motion for the main question or to lay the question on the table, until decided, shall preclude all amendments and debate on the main question, and a motion to amend or to adjourn it to a certain day shall, until it is decided, preclude all further amendments to the main question.
R. 
Individual Ayes And Nays. Individual ayes and nays upon any question shall be taken and entered upon the minutes. Any member who has a personal reason that might influence his/her vote shall abstain from voting, with or without stating the reason.