[R.O. 2009 §2.76.050; Prior Code §2-825]
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; the
general character, extent and layout of the replanning of blighted
districts and slum areas. The Commission may 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, but the adoption, enforcement and administration of the zoning
plan shall conform to the provisions of Sections 89.010 to 89.250,
inclusive, RSMo.
[R.O. 2009 §2.76.060; Prior Code §2-826(a)]
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 general purpose of guiding and accomplishing a coordinated development
of the City which will, in accordance with the existing and future
needs, best promote the general welfare, as well as efficiency and
economy in the process of development.
[R.O. 2009 §2.76.070; Prior Code §2-826(b)]
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 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 the City Clerk and a copy shall be recorded 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. 2009 §2.76.080; Prior Code §2-826(c)]
The Commission may make reports and recommendations relating
to the plan and development of the City 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 City programs for public improvements and the financing
thereof. All public officials shall, upon request, furnish 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 City planning.
[R.O. 2009 §2.76.090; Prior Code §2-826(d)]
Whenever the Commission adopts the City Plan 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 has been
submitted to and approved by the 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 Commission shall be by the board having jurisdiction and the
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, 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. 2009 §2.76.100; Prior Code §2-827]
The Commission shall have and perform all of the functions of
the Zoning Commission provided for in Sections 89.010 to 89.250, RSMo.,
as amended.
[R.O. 2009 §2.76.110; Prior Code §2-828 (a)]
When the Commission 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 County Recorder, 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 City Council and the Council has approved
the plat as provided by law.
[R.O. 2009 §2.76.120; Prior Code §2-828(b)(1)]
The Commission shall recommend and the Council may by ordinance
adopt regulations governing the subdivision of land within its jurisdiction.
The regulations, in addition to the requirements provided by law for
the approval of plats, may provide requirements for the coordinated
development of the City; for the coordination of streets within subdivisions
with other existing or planned streets or with other features of the
City Plan or official map of the City; for adequate open spaces for
traffic, recreation, light and air; and for a distribution of population
and traffic, provided that, the City may only impose requirements
for the posting of bonds, letters of credit or escrows for subdivision-related
improvements as provided for in Subsections (2) to (5) of Section
89.410, RSMo.
[R.O. 2009 §2.76.130; Prior Code §2-828(b)(2)]
The regulation may include requirements as to the extent and
the manner in which the streets of the subdivision or any designated
portions thereto shall be graded and improved as well as including
requirements as to the extent and manner of the installation of all
utility facilities and compliance with all of these requirements is
a condition precedent to the approval of the plat. The regulations
or practice of the Council may provide for the tentative approval
of the plat previous to the improvements and utility installations,
but any tentative approval shall not be entered on the plat. The regulations
may provide that, in lieu of the completion of the work and installations
previous to the final approval of a plat, the Council shall accept,
at the option of the developer an escrow secured with cash or an irrevocable
letter of credit deposited with the City. The City may accept a surety
bond, and such bond shall be in an amount and with surety and other
reasonable conditions, providing for and securing the actual construction
and installation of the improvements and utilities within a period
specified by the Council and expressed in the bond. The release of
any such escrow, letter of credit, or bond by the City, shall be as
specified in this Section. The Council may enforce the escrow or bond
by all appropriate legal and equitable remedies The regulations may
provide, in lieu of the completion of the work and installations previous
to the final approval of a plat, for an assessment or other method
whereby the Council is put in an assured position to do the work and
make the installations at the cost of the owners of the property within
the subdivision. The regulations may provide for the dedication, reservation
or acquisition of lands and open spaces necessary for public uses
indicated on the City Plan and for appropriate means of providing
for the compensation, including reasonable charges against the subdivision,
if any, and over a period of time and in a manner as is in the public
interest.
[R.O. 2009 §2.76.140; Prior Code §2-828(c)]
Before adoption of its subdivision regulations or any amendment
thereof, a duly advertised public hearing thereon shall be held by
the Council.
[R.O. 2009 §2.76.150; Prior Code §2-829(a)]
Within sixty (60) days after the submission of a 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.
[R.O. 2009 §2.76.160; Prior Code §2-829(b)]
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.
[R.O. 2009 §2.76.170; Prior Code §2-829(c)]
No County Recorder shall receive for filing or recording any
subdivision plat required to be approved by a City Council or municipal
Planning Commission unless the plat has endorsed upon it the approval
of the Council under the hand of the Clerk and the Seal of the City
or by the Secretary of the Commission.
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 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 Council or Commission and the sale is contingent
upon the approval of such plat by such Council or 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. 2009 §2.76.190; Prior Code §2-831]
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 Council or 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 an affirmative vote of not less than
two-thirds (2/3) of the entire membership of the Council.
[R.O. 2009 §2.76.200; Prior Code §2-832]
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 Section 89.460, RSMo.
