[Ord. No. 583 §1, 2-1-1965]
For the purpose of this Chapter, the following terms mean or
include:
The chief legislative body of the a City of Mound City.
Any public ways.
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.
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.
The Planning and Zoning Commission shall elect a Chairman and
a Secretary from among the citizen members. The term of Chairman and
Secretary shall be for one (1) year with eligibility for re-election.
The Planning and Zoning 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.
[Ord. No. 583 §4, 2-1-1965]
A.
The expenditures
of the Planning and Zoning Commission, exclusive of grants and gifts,
shall be within amounts appropriated for the purposes of the Board
of Aldermen.
B.
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.
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.
[Ord. No. 583 §6, 2-1-1965]
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. In general, the Commission
shall have the power necessary to enable it to perform its functions
and promote municipal planning.
[Ord. No. 583 §§5 —
7, 2-1-1965]
A.
The Commission
shall make and adopt a City plan for the physical development of the
City of Mound 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.
B.
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.
C.
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 of Mound 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 of Aldermen and the Municipal Clerk, and
a copy shall be recorded in the office of the Holt County Recorder
of Deeds.
[Ord. No. 583 §§9 —
18, 2-1-1965]
A.
Whenever
the Commission adopts the plan of the City of Mound City of any department
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 Plan 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 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.
B.
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.
C.
After
the Planning Commission of the City of Mound 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 coy of the major street plan in the office of the Recorder
of Deeds of Holt 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.
D.
Before
adoption of any subdivision regulations or any amendment thereof of
the Board of Aldermen, a duly advertised public hearing thereof may
be held by the Board of Aldermen.
E.
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.
F.
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.
G.
No owner
or agent of the owner of any land located within the planning jurisdiction
of the City of Mound City, knowingly or with the intent to defraud,
may transfer, sell, agree to sell or negotiate to sell that land by
reference to or by other use of a plot of any purported subdivision
of the land before the plat has been approved by the Board of Aldermen
or Planning Commission and recorded in the office of the Holt 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 Mound City may enjoin or vacate the transfer or sale or agreement
by legal action and may recover the penalty in such action.
H.
Upon
adoption of a major street plan and subdivision regulations, the City
of Mound 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 municipality
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 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.
I.
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.
J.
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 a proposed major street 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.
