[Ord. No. 225 §1(93.010), 10-12-1998]
There is hereby established within and for the City a Planning
and Zoning Commission which shall consist of not more than fifteen
(15) nor less than seven (7) members, including the Mayor, if the
Mayor chooses to be a member; a member of the Board of Aldermen selected
by the Board, if the Board chooses to have a member serve on the Commission
and not more than fifteen (15) nor less than five (5) citizens appointed
by the Mayor and approved by the Board of Aldermen. 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 succeeding terms will be staggered. Any vacancy in
a membership shall be filled for the unexpired term by appointment
as aforesaid. The Board of Aldermen may remove any citizen member
for cause stated in writing and after public hearing.
All citizen members of the Planning and Zoning Commission shall
serve without compensation.
[Ord. No. 225 §1(93.020), 10-12-1998]
The Commission shall meet at a regular time and place as established
by rule and shall elect a Chairman, Vice-Chairman, and Secretary from
among the citizen members. The term of the Chairman, Vice-Chairman
and Secretary shall be for one (1) year with eligibility for reelection.
The Commission shall keep a record of its proceedings and these records
shall be public records.
The expenditures of the Planning and Zoning Commission, exclusive
of grants and gifts, shall be within amounts appropriated for the
purpose by the Board of Aldermen.
All public officials shall upon request furnish to the Planning
and Zoning Commission, within a reasonable time, all available information
it requires for its works.
In general, the Planning and Zoning Commission shall have the
power necessary to enable it to perform its functions and promote
City planning. The Planning and Zoning Commission shall have the power
to 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 Board as outlined in such Chapter.
[Ord. No. 225 §1(93.040), 10-12-1998]
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 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, RSMo.
[Ord. No. 225 §1(93.050), 10-12-1998]
In the preparation of the City plan, the same 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 the efficiency in
the process of development.
[Ord. No. 225 §1(93.060), 10-12-1998]
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
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 City Clerk's office for public inspection during normal office
hours.
[Ord. No. 225 §1(93.070), 10-12-1998]
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
has 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 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.
[Ord. No. 225 §1(93.080), 10-12-1998]
After the Planning Commission of the City adopts a City Plan
which includes at least a major street plan and files a certified
copy of the major street plan in the office of the Recorder of Deeds
of Newton County, Missouri, 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 Board and the Board has approved the
plat as provided by law.
[Ord. No. 225 §1(93.090), 10-12-1998]
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 60-day period. The grounds of disapproval of any plat
by the Commission shall be made a matter of record.
[Ord. No. 225 §1(93.100), 10-12-1998]
The approval of a plat by the Commission does not constitute
or effect an acceptance by the municipality or public of the dedication
of public use of any street or other ground shown upon the plat.
[Ord. No. 225 §1(93.120), 10-12-1998]
All applications for rezoning must be submitted to the Commission
for consideration. Each application must be accompanied by a fee set
by the Board. Said fee is to cover the costs and publication expenses.
Any excess paid by the applicant will be returned to the applicant
and any deficiency is to be paid by the applicant. The fee shall not
be refundable if the applicant does not go ahead with the rezoning
request after publication.
[Ord. No. 225 §1(93.110), 10-12-1998]
No owner or agent of the owner of any land within the planning
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 Commission and recorded
in the office of the Newton County Recorder of Deeds. 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; 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. Said penalty shall be set by the Board.
The City may enjoin or vacate the transfer or sale or agreement by
legal action and may recover the penalty in such action.
