Cross References — Building codes and building regulations, ch.
500; excavations and grading, §
510.040 et seq.; subdivisions, ch.
410; zoning, ch.
405; location restrictions for keeping of livestock, §
205.230; location of dog pens, §
205.130.
[R.O. 2006 §400.010; Code 1975 §42.010]
A Planning Commission is established.
[R.O. 2006 §400.020; Ord. No. 22.70, 10-6-2022]
A. The
Planning Commission shall consist of not more than fifteen (15) nor
less than seven (7) members, including:
1. The Mayor, if the Mayor chooses to be a member;
2. A member of the Board of Aldermen selected by the Board, if the Board
chooses to have a member serve on the Commission; and
3. Not more than fifteen (15) nor less than five (5) citizens appointed
by the Mayor and approved by the Board of Aldermen. 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 succeeding terms will be staggered. The expiring terms
will be filled during the month of May with terms expiration being
June 1. Any vacancy in a membership shall be filled for the unexpired
term through an appointment by the Mayor and approval of the Board
of Aldermen. The Board of Aldermen may remove any citizen member for
cause stated in writing and after public hearing.
[R.O. 2006 §400.030; CC 1985 §17-28; Ord. No. 22.70, 10-6-2022]
A. The
Planning Commission shall elect a Chairperson and Secretary from among
the citizen members. The term of Chairperson and Secretary shall be
for one (1) year with eligibility for reelection. These positions
will be filled at the June meeting.
B. The
Planning Commission shall hold regular meetings and special meetings
as provided by rule and shall adopt rules for the transaction of business
and keep a record of its proceedings. These records shall be public
records.
C. The
Planning Commission shall advise the Mayor of 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 of Aldermen.
[Ord. No. 23.34, 5-4-2023]
[Ord. No. 22.70, 10-6-2022]
The Commission will be guided by Robert's Rules of Order and
the Missouri Open Meetings and Records Law, as amended.
[R.O. 2006 §400.040; CC 1985 §17-29]
The Planning Commission shall have and perform all the functions
of the Zoning Commission provided for in Sections 89.010 to 89.250,
RSMo., and shall have and perform all of the functions of the Planning
Commission as outlined in such provisions.
[Ord. No. 22.70, 10-6-2022; Ord.
No. 23.34, 5-4-2023]
Wherever Missouri law or this Code requires or refers to a Zoning Officer, the person serving as City Planner, pursuant to Section
115.420, shall also be the Zoning Officer.
[R.O. 2006 §400.050; CC 1985 §17-30]
A. 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 and the general character, extent
and layout of the replanning of blighted districts and slum areas.
B. The
Planning Commission may also prepare a zoning plan for the regulation
of height, area, bulk, location and use of private non-profit and
public structures and premises and population density. The adoption
and enforcement and administration of the zoning plan shall conform
to the provisions of Sections 89.010 to 89.250, RSMo.
[R.O. 2006 §400.060; CC 1985 §17-31]
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 general purpose of guiding and accomplishing a coordinated
development of the City which will be in accordance with existing
and future needs and best promote the general welfare as well as efficiency
and economy in the process of development.
[R.O. 2006 §400.070; CC 1985 §17-32]
A. The
Planning Commission may adopt the City plan as a whole or 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.
B. 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.
C. The
adoption of the City plan requires 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. The action taken on the City
plan shall be recorded on the adopted plan or part thereof by the
identifying signature of the Secretary of the Planning 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 recorded
in the office of the County Recorder of Deeds and shall be available
for public inspection during normal office hours.
[R.O. 2006 §400.080; CC 1985 §17-33]
A. The
Planning Commission may make reports and recommendations relating
to the City plan and the development of the City to public officials
and agencies, public utility companies, civic, educational, professional
and other organizations and citizens. The Commission may recommend
to the executive or legislative officials of the City programs for
public improvements and the financing thereof.
B. 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 lawfully enter upon any land to make examinations
and surveys.
C. In
general, the Commission shall have the power necessary to enable it
to perform its functions and promote municipal planning.
[R.O. 2006 §400.090; CC 1985 §17-34]
Whenever the Planning Commission adopts a 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 Board of Aldermen
and the Board by vote of not less than two-thirds (2/3) of its entire
membership may overrule the disapproval. Upon such 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,
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. 2006 §400.100; CC 1985 §17-35]
After the Planning 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 Recorder of Deeds
of the County, no plat of a subdivision of land lying within the City
shall be filed or recorded until it has been submitted to and the
report and recommendation thereon made by the Commission to the Board
of Aldermen and the Board has approved the plat as provided by law.
[R.O. 2006 §400.110; CC 1985 §17-36; Ord. No. 22.70, 10-6-2022]
A. Subdivision
regulations may include requirements as to the extent and manner in
which the streets of a 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 these requirements is a condition precedent
to the approval of the plat. The regulations or practice of the Board
of Aldermen may provide for the tentative approval of the plat before
the improvements and 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 before the final approval
of a plat, the Board of Aldermen may accept a bond in an amount and
with surety and conditions satisfactory to it providing for and securing
the actual construction and installation of the improvements and utilities
within a period specified by the Board of Aldermen and expressed in
the bond. The Board may enforce the bond by all appropriate, legal,
and equitable remedies. The regulations may provide, in lieu of the
completion of the work and installations before the final approval
of a plat, for an assessment or other method whereby the Board 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 land and open spaces necessary for public uses indicated on the
City plan and for appropriate means for providing for the compensation,
including reasonable charges against the subdivision, if any, and
over a period and in a manner as is in the public interest.
B. Before
adoption of its subdivision regulations or any amendment thereof,
the Board of Aldermen thereon shall hold a duly advertised public
hearing.
[R.O. 2006 §400.120; CC 1985 §17-37]
Within sixty (60) days after the submission of a plat to the
Planning 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. 2006 §400.130; Ord. No. 97.15 §1, 7-17-1997]
A. The
designation of all street numbers for dwelling units and places of
business on all public and private streets shall be assigned by the
City in accordance with procedures adopted by the City of Osage Beach.
B. The
Planning Department shall keep a record of all numbers assigned under
this Article.
[R.O. 2006 §400.140; Ord. No. 97.15 §2, 7-17-1997]
A. The
owner or occupant or person in charge of any house or building to
which a number has been assigned will be notified by the City of the
number assigned to the same at any time after the adoption of this
Article.
B. Within
sixty (60) days after the receipt of such notification, the owner
or occupant or person in charge of a house or building to which a
number has been assigned shall affix the number to the structure,
if said structure is visible from the road. If said structure is not
visible from the roadway, numbers shall be affixed to a sign or number
post in such a way that the address can clearly be seen from the roadway.
C. It
shall be the duty of such owner or occupant or person in charge thereof
upon affixing the new number to remove any other number(s) which might
be mistaken for, or confused with, the number assigned to said structure.
D. Each
principal building shall display the number assigned toward the street
on which the structure is addressed and adjacent to the entrance.
In case a principal building is occupied by more than one (1) business
or dwelling unit, each separate front entrance shall display a separate
address or unit number.
E. Numbers
indicating the official address for each principal building or each
front entrance to such building shall be posted in a manner so as
to be legible and distinguishable from the street on which the property
is located, with numerals painted or applied of a contrasting color
to the background, of not less than three (3) inches in height in
residential areas, and not less than four (4) inches in height in
commercial areas. Script lettering or similar unconventional type
styles are not permitted. If a building or dwelling is situated in
such a way that the numbers cannot be easily seen from the roadway
in front of said structure, then a sign or number post must be installed
in front of the structure and placed in such a way that it is easily
seen from the roadway.
[R.O. 2006 §400.150; Ord. No. 97.15 §3, 7-17-1997]
A. Numbers
will be assigned to each proposed lot or tract on the recorded copies
of final subdivision plats by the Planning Department.
B. No building permit shall be issued for any principal building until the owner or developer has procured from the Planning Department the official address of the premises. Final approval of a certificate of occupancy of any principal building erected or repaired after the effective date of this Article shall be withheld until permanent and proper numbers have been displayed in accordance with the requirements of Section
400.140 above.
[R.O. 2006 §400.160; Ord. No. 97.15 §4, 7-17-1997]
In the event that the owner or occupant or person in charge
of any house or building refuses to comply with the terms of this
Article by failing to affix the number assigned in the manner prescribed
herein within sixty (60) days after notification, or by failing, within
sixty (60) days to remove any old numbers affixed to such house, house
entrance, or elsewhere, which may be confused with the number assigned
hereto, shall be punishable by a fine of not less than ten dollars
($10.00) for each day that the violation exists.