[R.O. 2013 §400.010; CC 1984 §14-16; Ord. No. 463 §1, 2-15-1969]
For the purposes of this Chapter, the following terms mean or
include:
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.
[R.O. 2013 §400.020; CC 1984 §14-17; Ord. No. 463 §2, 2-15-1969]
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 set forth in this Chapter.
[R.O. 2013 §400.030; CC 1984 §14-18; Ord. No. 463 §3, 2-15-1969; Ord. No. 1647 §1, 9-7-2004]
The Planning Commission shall consist of seven (7) members,
including the Mayor, if the Mayor chooses to be a member, a member
of the Board of Aldermen, if the Board chooses to have a member serve
on the Commission, and no less than five (5) citizens appointed by
the Mayor and approved by the Board. 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 (1st) appointed shall be for varying periods,
so that the succeeding terms will be staggered. Any vacancy in a 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; CC 1984 §14-19; Ord. No. 463 §4, 2-15-1969]
The Commission shall elect a Chairman and Secretary from among
the citizen members. The term of the Chairman and the Secretary shall
be for one (1) year, with eligibility for re-election. The Commission
shall hold regular meetings and special meetings as it provides 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 Board.
[R.O. 2013 §400.050; CC 1984 §14-20; Ord. No. 463 §10, 2-15-1969]
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.
[R.O. 2013 §400.060; CC 1984 §14-21; Ord. No. 463 §5, 2-15-1969]
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,
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.
[R.O. 2013 §400.070; CC 1984 §14-22; Ord. No. 463 §6, 2-15-1969]
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 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.
[R.O. 2013 §400.080; CC 1984 §14-23; Ord. No. 463 §7, 2-15-1969]
The 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 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
number, and a copy of the plan or part thereof shall be certified
to the Board 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 Municipal Clerk's office for public inspection during normal
office hours.
[R.O. 2013 §400.090; CC 1984 §14-24; Ord. No. 463 §8, 2-15-1969]
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.
[R.O. 2013 §400.100; CC 1984 §14-25; Ord. No. 463 §9, 2-15-1969]
Whenever the Commission adopts the plan of the City or any part
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
have been submitted to and approved by the Planning Commission. In
case of disapproval, the Commission shall communicate its reasons
to the Board, and the Board, 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 other 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.
[R.O. 2013 §400.110; CC 1984 §14-26; Ord. No. 463 §11, 2-15-1969]
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 and the Board has approved the plat as provided by law.
[R.O. 2013 §400.120; CC 1984 §14-27; Ord. No. 463 §12, 2-15-1969]
Before the adoption of any subdivision regulations or any amendment
thereof by the Board of Aldermen, a duly advertised public hearing
thereon shall be held by said Board.
[R.O. 2013 §400.130; CC 1984 §14-28; Ord. No. 463 §13, 2-15-1969]
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 grounds of disapproval of
any plat by the Commission shall be made a matter of record.
[R.O. 2013 §400.140; CC 1984 §14-29; Ord. No. 463 §14, 2-15-1969]
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.
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 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 Board or Planning Commission and the
sale is contingent upon the approval of such plat by such Board 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.
[R.O. 2013 §400.160; CC 1984 §14-31; Ord. No. 463 §16, 2-15-1969]
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 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.
[R.O. 2013 §400.170; CC 1984 §14-32; Ord. No. 463 §17, 2-15-1969]
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 of the preceding Section.
[R.O. 2013 §400.180; CC 1984 §14-33; Ord. No. 463 §18, 2-15-1969]
Whenever a plan for major streets has been adopted, the Board,
upon the 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 within building or setback lines. When a plan
for proposed major streets or other public improvements has been adopted,
the Board may prohibit any new building being located within the proposed
site or right-of-way when the centerline of the proposed street of
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 Board.