[CC 1970 §2-103; Ord. No. 720 §1, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Any public ways.
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.
[CC 1970 §2-104; Ord. No. 720 §3, 10-1-1968; Ord. No. 1415 §1, 1-4-2000; Ord. No. 1469 §1, 9-17-2002; Ord. No. 1729 §1, 7-9-2011]
A.
Composition. The Planning Commission shall consist of eight
(8) citizens appointed by the Mayor and approved by the Board of Aldermen,
plus one (1) member of the Board of Aldermen, selected by the Board
annually, if the Board chooses to have a member serve, plus the Mayor,
if the Mayor chooses to be a member. Citizen members shall be substantially
equally balanced among the City's wards. Citizen members shall be
voting members. Elected officials may vote on any question presented.
B.
Compensation. All citizen members of the Commission shall
serve without compensation. Elected officials who may serve on the
Commission shall also do so without any compensation being paid for
such service, but such official(s) shall be entitled to compensation
as prescribed by law for their elected office(s).
C.
Terms. The term 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 will be staggered.
D.
Vacancies And Removals. Any vacancy in a membership shall
be filled for the unexpired term by appointment as aforesaid. The
Board of Aldermen may remove any member from the Commission for cause,
stated in writing, and after a public hearing.
[CC 1970 §2-105; Ord. No. 720 §4, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
At the first (1st) meeting of the calendar year, the Planning
Commission shall elect a Chairman, Vice Chairman and Secretary from
among the citizen members. The term of Chairman, Vice Chairman and
Secretary shall be for one (1) year with eligibility for re-election.
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 a record of its proceedings. These records shall
be public records. Any expenditures of the Commission, exclusive of
grants and gifts, shall be within the amounts appropriated for the
purpose by the Board of Aldermen.
[CC 1970 §2-106; Ord. No. 720 §2-106, 10-1-1968; Ord. No. 1148 §3, 12-6-1988; Ord. No. 1470 §1, 9-17-2002]
The Planning 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.
[CC 1970 §2-107; Ord. No. 720 §8, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
All public officials shall, upon request, furnish to the Planning
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 1970 §2-108; Ord. No. 720 §5, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
The Planning 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; 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.
[CC 1970 §2-109; Ord. No. 720 §6, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
In the preparation of the City Plan, the Planning Commission
shall make careful and comprehensive surveys and studies of the existing
conditions and probable future growth of the City. 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.
[CC 1970 §2-110; Ord. No. 720 §7, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
The Planning 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 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 signatures 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 Board of Aldermen and the City Clerk, and 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.
[CC 1970 §2-111; Ord. No. 720 §2, 10-1-1968; Ord. No. 1250 §1, 7-6-1993; Ord. No. 1470 §1, 9-17-2002]
The Board of Aldermen of the City of Rock Hill shall have the
authority to adopt, amend or repeal rules and regulations deemed necessary
to carry out a City Plan and appoint a Planning Commission with the
powers and duties set forth within this Code of the City of Rock Hill,
Missouri.
[CC 1970 §2-112; Ord. No. 720 §9, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
Whenever the Planning Commission adopts the plan of the City
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 City 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 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 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 (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.
[CC 1970 §2-113; Ord. No. 720 §12, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
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 of Aldermen.
[CC 1970 §2-114; Ord. No. 720 §§11, 13, 14, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
A.
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 the County, then no plat of a subdivision of land lying within
the City 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 of Aldermen has approved the
plat as provided by law.
B.
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.
C.
The approval
of a plat by the Commission does not constitute or effect an acceptance
by the City or public of the dedication to public use of any street
or other ground shown upon the plat.
[CC 1970 §2-115; Ord. No. 720 §15, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
No owner or agent of the owner of any land located within 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 Commission
and recorded in the office of the County Recorder. 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 1970 §2-116; Ord. No. 720 §16, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
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 City 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 of Aldermen or the Planning Commission or on a street
plan made by and adopted by the Commission. The Board of Aldermen
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 (2/3) of the entire
membership of the Board of Aldermen.
[CC 1970 §2-117; Ord. No. 720 §17, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
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 City unless the street giving access to the lot upon which the
building is proposed to be placed conforms to the requirements described
in this Chapter and any other applicable provisions of law.
[CC 1970 §2-118; Ord. No. 720 §18, 10-1-1968; Ord. No. 1470 §1, 9-17-2002]
Whenever a plan for major streets has been adopted, the Board
of Aldermen, upon recommendation of the Planning 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 in violation of such 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 centerline
of the proposed street or the limits of the proposed sites have been
determined and are accurately delineated on maps approved by the Planning
Commission.
[Ord. No. 1354 §1, 5-20-1997; Ord. No. 1470 §1, 9-17-2002]
There is hereby established in the City of Rock Hill, Missouri,
a Historic Preservation Commission under the provisions of Section
253.415, RSMo., 2000.
[Ord. No. 1354 §2, 5-20-1997; Ord. No. 1470 §1, 9-17-2002]
A.
Such
Commission shall have the following powers and authority:
1.
To conduct
ongoing survey and research to identify and document buildings, structures,
objects, sites and districts that are of historic, archaeological,
architectural, engineering, cultural or scenic significance to the
City of Rock Hill, Missouri.
2.
To recommend
to the Board of Aldermen of the City of Rock Hill, Missouri, the designation
of significant historic properties as historic landmarks and historic
districts, to prepare documentation supporting this nomination and
to maintain the register of designated landmarks and districts and
of significant historical, architectural and archaeological property.
3.
To recommend
to the Board of Aldermen of the City of Rock Hill, Missouri, the establishment
of regulations, guidelines and policies to preserve the integrity
and ambience of the designated landmarks and districts. The Commission
shall have the authority to review ordinary maintenance as deemed
appropriate, new construction, alterations, removal and demolitions
proposed within the boundaries of a landmark or district, including
review of plans for vacant lots and non-historic buildings and structures.
4.
To provide
technical assistance to owners of older and historic, architectural,
archaeological, cultural and scenic properties concerning the preservation
and maintenance of the property.
5.
To recommend
to the Board of Aldermen of the City of Rock Hill programs and policies
of economic incentives to encourage the preservation of significant
historic landmarks and districts.
6.
To prepare
a comprehensive historic preservation plan or preservation element
to a master plan, to integrate the preservation program into the local
government for planning and zoning for land use, Building and Fire
Codes, special use permits, community revitalization and heritage
tourism.
7.
To participate
in the conduct of land use, urban renewal and other City activities
affecting landmarks and districts.
8.
To acquire
by purchase, gift, or bequest, fee title or lesser interest, including
preservation restriction or easements, in designated properties and
adjacent or associated lands which are important for the preservation
and use of the designated property.
[Ord. No. 1354 §2, 5-20-1997; Ord. No. 1470 §1, 9-17-2002]
Commission members should, to the extent available, be persons
who have demonstrated interest or expertise in historic preservation.
Representatives of historical societies and residents of historic
districts are encouraged as members. The Commission shall consist
of five (5) members at least three (3) of whom shall be residents
of the City of Rock Hill, Missouri.
[Ord. No. 1354 §2, 5-20-1997; Ord. No. 1470 §1, 9-17-2002]
Commission members shall serve for a period of three (3) years,
except that the initial members may serve for a shorter period of
time as designated by the Board of Aldermen of the City of Rock Hill,
Missouri, in its resolution appointing such members.
