[R.O. 2009 § 405.010; R.O. 2007
§ 405.010; Ord. No. 492 § 1, 2-20-1968]
For the purpose 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. 2009 § 405.020; R.O. 2007
§ 405.020; Ord. No. 492 § 2, 2-20-1968]
The Board of Aldermen of the City
of Bolivar, Missouri, shall adopt, amend and carry out a City plan
and appoint a Planning Commission with the powers and duties herein
set forth.
[R.O. 2009 § 405.030; R.O. 2007
§ 405.030; Ord. No. 2071, 1-13-2000; Ord. No. 2549, 5-12-2005; Ord. No.
2978 § I, 4-7-2011]
A. The Planning Commission of the City of
Bolivar, Missouri, shall consist of nine (9) members, including:
1.
The Mayor, if the Mayor chooses to
be a member. The Mayor shall declare his membership status annually
at the Board of Aldermen's first organization meeting after a municipal
election. If the Mayor chooses not to become a member, he shall appoint
an additional citizen member to the Commission. The citizen member
shall be approved by the Board of Aldermen and serve without compensation.
2.
A member of the Board of Aldermen,
if the Board chooses to have a member to serve on the Commission.
The Aldermen member shall be selected by the Board of Aldermen annually
at its first organization meeting after a municipal election. If the
Board of Aldermen chooses not to have a member serve on the Commission,
the Mayor shall appoint an additional citizen member to the Commission.
The citizen member shall be approved by the Board of Aldermen and
serve without compensation.
3.
Seven (7) citizens, who shall be
residents of the City. 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 Mayor may, only after prior approval
of the Board of Aldermen, vary the terms of the citizen members of
the Commission, to be effective at the conclusion of a then current
term, for an amount of time deemed necessary to provide that the terms
of all citizen members as a whole remain staggered as deemed necessary
by the Mayor and the Board of Aldermen. Citizen members shall be appointed
at the first regular meeting of the Board of Aldermen after the Mayoral
election and at the regular April meeting of the Board of Aldermen
every year in which there is no Mayoral election. Any vacancy in a
membership shall be filled for the unexpired term by appointment as
aforesaid. Within any given fiscal year Commissioners who are absent
in excess of twenty-five percent (25%) of the time from the meetings
of the Planning Commission may be removed for cause. The Board of
Aldermen may also remove any citizen member for cause stated in writing
and after a public hearing.
[R.O. 2009 § 405.040; R.O. 2007
§ 405.040; Ord. No. 492 § 4, 2-20-1968]
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 Board of
Aldermen.
[R.O. 2009 § 405.050; R.O. 2007
§ 405.050; Ord. No. 492 § 5, 2-20-1968]
The Commission shall make and adopt
a City plan for the physical development of the City of Bolivar, Missouri.
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. 2009 § 405.060; R.O. 2007
§ 405.060; Ord. No. 492 § 6, 2-20-1968]
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.
[R.O. 2009 § 405.070; R.O. 2007
§ 405.070; Ord. No. 492 § 7, 2-20-1968]
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 of 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 said City of Bolivar. 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 of Aldermen and the City Clerk and a copy shall be recorded
in the office of the Polk County Recorder of Deeds and shall be available
at the Municipal Clerk's office for public inspection during normal
office hours.
[R.O. 2009 § 405.080; R.O. 2007
§ 405.080; Ord. No. 492 § 8, 2-20-1968]
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. 2009 § 405.090; R.O. 2007
§ 405.090; Ord. No. 492 § 9, 2-20-1968]
Whenever the Commission adopts the
plan of the City of Bolivar 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 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 Board of Aldermen and the Board
of Aldermen, 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 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
of Aldermen, then the submission to the Planning Commission shall
be the board having jurisdiction and the Planning Commission's disapproval
may be overruled by the 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. 2009 § 405.100; R.O. 2007
§ 405.100; Ord. No. 492 § 10, 2-20-1968]
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. 2009 § 405.110; R.O. 2007
§ 405.110; Ord. No. 492 § 11, 2-20-1968]
After the Planning Commission of
the City of Bolivar 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 Polk 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 Board of Aldermen
and the Board of Aldermen has approved the plat as provided by law.
[R.O. 2009 § 405.120; R.O. 2007
§ 405.120; Ord. No. 492 § 12, 2-20-1968]
Before adoption of any subdivision
regulations or any amendment thereof by the Board of Aldermen, a duly
advertised public hearing thereof may be held by the Board of Aldermen.
[R.O. 2009 § 405.130; R.O. 2007
§ 405.130; Ord. No. 492 § 13, 2-20-1968]
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 ground of disapproval of any plat by the Commission shall be made
a matter of record.
[R.O. 2009 § 405.140; R.O. 2007
§ 405.140; Ord. No. 492 § 14, 2-20-1968]
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.
[R.O. 2009 § 405.150; R.O. 2007
§ 405.150; Ord. No. 492 § 15, 2-20-1968]
No owner or agent of the owner of
any land located within the planning jurisdiction of the City of Bolivar,
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 land before the plat has
been approved by the Board of Aldermen or Planning Commission and
recorded in the office of the Polk 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; 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
of Aldermen. The City of Bolivar may enjoin or vacate the transfer
or sale or agreement by legal action and may recover the penalty in
such action.
[R.O. 2009 § 405.160; R.O. 2007
§ 405.160; Ord. No. 492 § 16, 2-20-1968]
Upon adoption of a major street plan
and subdivision regulations, the City of Bolivar shall not accept,
lay out, open, improve, grade, pave or light any street, lay or authorized
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 the 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 of Aldermen 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 of Aldermen.
[R.O. 2009 § 405.170; R.O. 2007
§ 405.170; Ord. No. 492 § 17, 2-20-1968]
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.
[R.O. 2009 § 405.180; R.O. 2007
§ 405.180; Ord. No. 492 § 18, 2-20-1968]
Whenever a plan for major streets
has been adopted, the Board of Aldermen, 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 Board of Aldermen may prohibit
any new building being located within the proposed site or right-of-way
when the centerline 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 Board
of Aldermen.
[R.O. 2009 § 405.190; R.O. 2007
§ 405.190; Ord. No. 492 § 19, 2-20-1968]
Any person violating the provisions
of this Chapter shall be guilty of an ordinance violation and upon
conviction thereof shall be fined not less than fifty dollars ($50.00)
nor more than five hundred dollars ($500.00) or by confinement in
the County Jail for not more than one (1) year, or by both such fines
and confinement.
[R.O. 2009 § 405.200; R.O. 2007
§ 405.200; Ord. No. 512 § 1, 7-3-1969]
The Planning Commission of the City
of Bolivar, Missouri, as created by this Chapter is hereby designated
and appointed as "the Zoning Commission" of said City and is empowered
to perform all duties of the Zoning Commission that are provided for
by the laws of the State of Missouri and ordinances of said City.