[CC 1991 §2-178; Ord. No. 381 §1, 3-12-1968; Ord. No. 836 §1, 1-11-1990; Ord. No. 2001-1200 §1, 7-17-2001]
In order to make adequate provision for the protection of existing development, to assure proper redevelopment of any area, and to guide and direct all new development and growth so that the City will be an orderly, efficient and attractive community and a desirable City in which to live and work, there is hereby created a Planning and Zoning Commission. The Planning and Zoning Commission shall also serve as the Zoning Commission in order for the City to avail itself of the powers conferred by Sections 89.010 — 89.140, RSMo.
[CC 1991 §2-179; Ord. No. 381 §2, 3-12-1968; Ord. No. 748 §1, 6-9-1987; Ord. No. 759 §1, 10-13-1987; Ord. No. 95-1034 §1, 2-21-1995; Ord. No. 98-1115 §1, 9-15-1998; Ord. No. 99-1143 §1, 8-17-1999; Ord. No. 99-1149 §1, 10-7-1999; Ord. No. 2001-1200 §1, 7-17-2001; Ord. No. 2005-1471 §19-20-2005; Ord. No. 2010-1630 §1, 7-20-2010; Ord. No. 2018-1861, 9-25-2018]
The City's Planning and Zoning Commission shall consist of a maximum of nine (9) voting members, including the Mayor if the Mayor chooses to serve as a member on the Commission, one (1) member of the Board of Aldermen appointed by the Board if the Board chooses to have one (1) of its members serve as a member on the Commission, and seven (7) residents of the City appointed by the Mayor with the approval of the Board of Aldermen, and selected because of their interest and ability in guiding and directing the proper future growth and development of the City. The City Administrator and the City Building Commissioner shall serve as ex officio non-voting members of the Commission. The Alderman member on the Commission shall serve a term of up to one (1) year beginning on the date of appointment and continuing until the next regular meeting of the Board of Aldermen following the next regular municipal election for the office of Alderman and when a successor is appointed and qualified thereafter or the appointed Aldermen ceases to be an Alderman, whichever comes first, at which time such appointment shall expire. The resident members on the Commission shall serve for terms of four (4) years each, except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered; such terms shall run from July 1 through June 30 of the appropriate calendar year, and any vacancy in the term of a resident member shall be filled for the unexpired portion of such term by appointment as set forth above. The Board of Aldermen may remove from membership in the Commission the Alderman member at will, and any vacancy in the term of an Alderman member may be filled for the unexpired portion of such term by appointment as set forth above. The Board of Aldermen may remove from membership In the Commission any resident member of the Commission for cause, stated in writing and after a public hearing. The Commission shall meet at the call of the Chairman or as directed by the Board. All who serve on this Commission shall do so without compensation for such services.
[CC 1991 §2-180; Ord. No. 381 §3, 3-12-1968; Ord. No. 710 §1, 12-10-1985; Ord. No. 807 §2, 6-16-1989; Ord. No. 2001-1200 §1, 7-17-2001; Ord. No. 2003-1317 §1, 5-20-2003; Ord. No. 2006-1523 §1, 10-17-2006; Ord. No. 2018-1861, 9-25-2018]
The Planning and Zoning Commission shall elect its Chairman and Secretary from among the citizen members. The term of Chairman and Secretary shall be for one (1) year with eligibility for reelection. A Chairman shall not serve more than three (3) consecutive terms unless under case of exceptional circumstance as determined by the Commission. The Chairman shall appoint a temporary Chairman from the citizen members to perform the duties of the Chairman in his absence. The Commission shall hold regular meetings on the fourth Tuesday of each month and special meetings as it provides by rules and shall adopt rules for the transaction of business and keep a record of its proceedings, which shall be public records. The Commission shall appoint 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 amount appropriated for the purpose by the Board of Aldermen.
[CC 1991 §2-181; Ord. No. 381 §4, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
The Planning and Zoning Commission shall make and adopt a City Plan for the physical development of the municipality. 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.
[CC 1991 §2-182; Ord. No. 381 §5, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
In the preparation of the City Plan, the Planning and Zoning 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 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.
[CC 1991 §2-183; Ord. No. 381 §6, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
The Planning and Zoning Commission may adopt the City 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 shall require a majority vote of the full membership of the Planning and Zoning 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 available in the office of the County Recorder of Deeds and shall be available at the municipal Clerk's office for public inspection during normal office hours.
[CC 1991 §2-184; Ord. No. 381 §7, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
The Planning and Zoning 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 municipality programs for public improvements and the financing thereof. 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 City planning.
[CC 1991 §2-185; Ord. No. 381 §8, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
Whenever the Planning and Zoning 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 and Zoning 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 ⅔ 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 of Aldermen, then the submission of the Planning and Zoning Commission shall be by the Board having jurisdiction, and the Planning and Zoning Commission's disapproval may be overruled by that Board by a vote of not less than two-thirds ⅔ 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.
[CC 1991 §2-186; Ord. No. 381 §4, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
The Planning and Zoning Commission shall have all the powers and duties of the Zoning Commission as provided in Sections 89.010 — 89.250, RSMo.
[CC 1991 §2-187; Ord. No. 381 §9, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
When the Planning and Zoning 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 of the County, no plat of a subdivision or resubdivision of land, excluding a boundary adjustment plat, 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 Board of Aldermen and the Board has approved the plat as provided by law.
[CC 1991 §2-188; Ord. No. 381 §9, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
The Planning and Zoning Commission shall advise the Board of Aldermen in carrying out the provisions of the subdivision ordinance and may make suggestions regarding amendments and revisions of such ordinance. The subdivision ordinance, set out in Chapter 410, is intended to or may provide for all the requirements of Sections 89.410 — 89.470, RSMo., as amended.
[CC 1991 §2-189; Ord. No. 381 §10, 3-12-1968; Ord. No. 2001-1200 §1, 7-17-2001]
Any change or amendment to Chapter 405 may be made by the Board of Aldermen from time to time, but any change or amendment shall first be submitted to the Planning and Zoning Commission for study and report.
Editor's Note — Ord. no. 2006-1501 §1, adopted May 16, 2006, repealed section 400.130 "procedures for review and approval of change in tenant use in non-residential zoning districts" in its entirety. Former section 400.130 derived from CC 1991 §2-190; ord. no. 849 §1, 5-1-1990; ord. no. 96-1064 §1, 2-20-1996; ord. no. 2001-1200 §1, 7-17-2001; ord. no. 2003-1303 §1, 1-21-2003. At the editor's discretion, this section has been reserved for the city's future use.
Editor's Note — Ord. no. 2006-1502 §1, adopted May 16, 2006, repealed section 400.140 "procedures for approval of site plans for signs and non-residential development" in its entirety. Former section 400.140 derived from ord. no. 2001-1200 §1, 7-17-2001. At the editor's discretion, this section has been reserved for the city's future use.
[Ord. No. 2006-1484 §1, 1-17-2006]
The filing fees specified for various land use reviews and approvals and construction, site and other permits required by Titles IV and V of this Code of Ordinances shall be paid to reimburse the City for expenses incurred in processing applications including, but not limited to, stormwater, fire protection, costs of title research, surveys, legal and engineering review, costs of traffic and planning or other consultants employed by the City, publication expenses, expenses of notification to adjoining property owners, expenses of hearings including rental of a hall, if necessary, court reporter, if requested by either the City or the applicant, and other investigations deemed necessary by the City.
In the event the specified filing fee or fees are reasonably estimated by the responsible City staff and the City Administrator to be insufficient to pay all anticipated expenses to be incurred by the City as described above, the City Administrator may at any time during the review and approval process specify an additional fee deposit to be required of the applicant. The amount of such additional deposit shall be sufficient to reasonably defray the City's anticipated and/or actual costs.
Processing and all other actions related to an application shall not proceed and any time limitations for City action pursuant to any provisions of this Code shall be stayed until any required additional deposit has been paid in full. Any and all unused portions of any additional sums required under this Section shall be refunded in full to the applicant.
Any applicant objecting to the reasonableness of the additional fee deposit required by the City Administrator or otherwise aggrieved by the Administrator's requirements may request that the Board of Aldermen hold a hearing at which testimony on the anticipated costs for processing the application shall be presented. The Board of Aldermen may increase, decrease or waive any additional deposit required pursuant to this Section and shall make written findings of fact as to the reasonableness and necessity of the anticipated expenses and required deposit.