[CC §40.010]
For the purpose of this Chapter the following terms mean or
include:
COUNCIL
The chief legislative body of the City of Scott City.
SUBDIVISION
The division of a parcel of land into two (2) or more lots,
or other divisions of land; it includes resubdivisions and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
[CC §40.020]
The City Council of the City of Scott City shall adopt, amend
and carry out a City Plan, and appoint a Planning Commission with
the powers and duties herein set forth.
[CC §40.030]
The Planning Commission of the City shall consist of eight (8)
members, including the mayor, a member of the City Council selected
by the Council annually at its first (1st) organizational meeting,
the City Engineer or similar City official, and five (5) citizens
appointed by the Mayor and approved by the Council. 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 shall be staggered. 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.
[CC §40.040]
The Commission shall elect a Chairman and Secretary from among
the citizen members. The term of 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.
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 Council.
[CC §40.050]
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 use
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 foregoing; the general character, extent and
layout of the replanning of blighted districts and slum areas. The
Commission shall also prepare 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 §40.060]
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 §40.070]
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. 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 file
numbers, 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 Scott County Recorder of Deeds.
[CC §40.080]
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 §40.090]
Whenever the 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 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 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
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, location, 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 §40.100]
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.
[CC §40.110]
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 Scott 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 §40.120]
Before adoption of any subdivision regulations, or any amendment
thereof by the City Council, a duly advertised public hearing thereof
shall be held by the Council.
[CC §40.130]
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 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 §40.140]
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 §40.150]
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 Scott County Recorder. 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; 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 City Council. The City may enjoin or vacate the transfer
or sale or agreement by legal action and may recover the penalty in
such Section.
[CC §40.160]
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 by 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 §40.170]
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 §40.180]
Whenever a plan for major streets has been adopted, the City
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 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 Commission
and adopted by the Council.