[Ord. No. 2006.19 §1, 6-12-2006]
The Board of Aldermen of this City shall adopt, amend and carry
out a Comprehensive Master Plan and appoint a Planning and Zoning
Commission with the powers and duties herein set forth.
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2007.06 §1, 3-12-2007; Ord. No. 2014.19A §1, 10-13-2014]
A.
The Planning and Zoning Commission shall consist of not more than
nine (9) nor less than seven (7) voting members as provided for by
Section 89.320, RSMo., including:
1.
The Mayor, if the Mayor chooses to be a member;
2.
A member of the Board of Aldermen selected by the Board of Aldermen,
if the Board of Aldermen chooses to have a member serve on the Planning
and Zoning Commission; and
3.
Not more than nine (9) nor less than five (5) citizens appointed
by the Mayor and approved by 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 members first 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.
B.
The Chair and Secretary shall be elected by Commission members.
C.
A Secretary Pro Tem elected by the Commission members shall chair
the meeting in the absence of the elected officers.
[Ord. No. 2006.19 §1, 6-12-2006]
The Planning and Zoning 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 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. The Planning and Zoning 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 Planning and Zoning
Commission, exclusive of grants and gifts, shall be within the amounts
appropriated.
[Ord. No. 2006.19 §1, 6-12-2006]
The Planning and Zoning Commission shall make and adopt a Comprehensive
Master Plan for the physical development of the City. The Comprehensive
Master Plan, with the accompanying maps, plats, charts and descriptive
and explanatory matter, shall show the Planning and Zoning 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
Planning and Zoning 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.
[Ord. No. 2006.19 §1, 6-12-2006]
In the preparation of the Comprehensive Master Plan, the Planning
and Zoning 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.
[Ord. No. 2006.19 §1, 6-12-2006]
The Planning and Zoning Commission may adopt the plan as a whole by a single resolution or, as the work of making the whole 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 Planning and Zoning Commission shall hold at least one (1) public hearing pursuant Section 405.178 through Section 405.180. The adoption of the plan requires 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 Planning and Zoning 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 Planning and Zoning Commission and filed in the office of the Planning and Zoning 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 St. Francois County Recorder of Deeds.
[Ord. No. 2006.19 §1, 6-12-2006]
All public officials shall, upon request, furnish to the Planning
and Zoning Commission within a reasonable time all available information
it requires for its work. The Planning and Zoning Commission, its
members and employees in the performance of its functions may enter
upon any land to make examinations and surveys. In general, the Planning
and Zoning Commission shall have the power necessary to enable it
to perform its functions and promote municipal planning.
[Ord. No. 2006.19 §1, 6-12-2006]
Whenever the Planning and Zoning Commission adopts the Comprehensive
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 municipality until the location, extent and the
character thereof has been submitted to and approved by the Planning
and Zoning Commission. In case of disapproval, the Planning and Zoning
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. 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 Planning and Zoning Commission to act within sixty (60) days
after the date of official submission to it shall be deemed approval.
[Ord. No. 2006.19 §1, 6-12-2006]
The Planning and Zoning Commission shall have and perform all
of the functions of the Planning and Zoning Commission provided for
in Chapter 89, RSMo., and shall have and perform all of the functions
of a Planning and Zoning Commission as outlined in said Chapter.
[Ord. No. 2006.19 §1, 6-12-2006]
After the Planning and Zoning Commission of the City adopts
a Comprehensive Master 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 St. Francois 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 Planning and Zoning Commission
to the Board of Aldermen and the Board of Aldermen has approved the
plat as provided by law.
[Ord. No. 2006.19 §1, 6-12-2006]
Within sixty (60) days after submission of a subdivision plat
to the Planning and Zoning Commission, the Commission shall approve
or disapprove the plat, otherwise the plat is deemed approved by the
Commission, except that the Planning and Zoning Commission, with the
consent of the applicant for the approval, may extend the sixty (60)
day period. The grounds for disapproval of any plat by the Planning
and Zoning Commission shall be made a matter of record.
[Ord. No. 2006.19 §1, 6-12-2006]
The approval of a plat by the Planning and Zoning Commission
does not constitute or affect an acceptance by the municipality or
public of the dedication to public use of any street or other ground
shown upon the plat.
[Ord. No. 2006.19 §1, 6-12-2006]
No owner or agent of the owner of any land located within the
platting 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 of Aldermen
or Planning and Zoning Commission and recorded in the office of the
St. Francois 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. The City may enjoin or vacate the transfer or sale
or agreement by legal action and may recover the penalty in such action.
[Ord. No. 2006.19 §1, 6-12-2006]
Upon adoption of a major street plan and subdivision regulations,
the 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 Comprehensive Master 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
and Zoning Commission or on a street plan made by and adopted by the
Planning and Zoning 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 Planning and Zoning Commission for its approval
and approved by the Planning and Zoning Commission or, if disapproved
by the Planning and Zoning Commission, is passed by the affirmative
vote of not less than two-thirds (2/3) of the entire membership of
the Board of Aldermen.
[Ord. No. 2006.19 §1, 6-12-2006]
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 Planning and Zoning Commission
unless the street giving access to the lot upon which the building
is proposed to be placed conforms to the requirements above described.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
The
Board of Adjustment shall consist of five (5) members who shall be
residents of the City. The members shall be appointed for staggering
terms of five (5) years each. Three (3) alternate members may be appointed
to serve in the absence of or in the disqualification of the regular
members. A member shall not hear an appeal in which that member has
any personal, professional or financial interest. The City Engineer
or other qualified appointee shall serve as a non-voting advisory
member to the Board of Adjustment.
1.
The Board of Adjustment shall elect its own Chairperson who shall
serve for one (1) year. The Mayor shall designate a qualified Clerk
to serve as Secretary to the Board of Adjustment.
2.
All members shall be removable for cause by the appointing authority
upon written charges and after public hearings.
3.
Vacancies shall be filled for the unexpired term of any member whose
term becomes vacant.
[Ord. No. 2006.19 §1, 6-12-2006]
The Board of Adjustment shall adopt rules of procedure as may
be necessary and proper to govern its own proceedings; such rules
shall not be in conflict with other laws, regulations or ordinances.
Meetings of the Board of Adjustment shall be held at the call of the
Chairperson and at such other times as the Board of Adjustment may
determine. The Board of Adjustment shall keep minutes of its proceedings,
showing the description of evidence presented, the findings of fact
by the Board of Adjustment, the decision of the Board of Adjustment
and the vote of each member upon each question or if absent or failing
to vote, indicating such fact and shall keep records of its examinations
and other official actions, all of which shall be filed in the office
of the City Clerk and shall be public record.
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2010.07 §5, 4-12-2010]
A.
Appeals
to the Board of Adjustment may be taken by the person aggrieved, any
neighborhood organization as defined in Section 32.105, RSMo., representing
such person or by any officer, department or bureau of the City by
any decision of the Administrative Officer or Building Inspector.
An application for appeal shall be based on a claim that the true
intent of the codes or the rules legally adopted have been incorrectly
interpreted, the provisions of those codes do not fully apply or the
requirements of those codes are adequately satisfied by other means.
Any person requesting an appeal shall file the following information
to the Secretary of the Board of Adjustment and meet the following
requirements:
1.
All appeals shall be taken within twenty (20) days of the date of
the action which is appealed.
2.
Appeals shall be signed by the applicant, addressed to the Board
of Adjustment and presented to the City Administrator. A fee of one
hundred dollars ($100.00) shall be paid to the City for each appeal.
The appeals shall contain or be accompanied by such legal descriptions,
maps, plans and other information so as to completely describe the
decisions or interpretations being appealed and the reason for such
appeal.
3.
The City Administrator shall transmit to the Board of Adjustment
the appeal and all papers constituting the record upon which the action
appealed was taken.
4.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the administrative officer certifies to the Board of
Adjustment that by reason of facts in the record, a stay shall not
be stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by a court of record on application
or notice to the officer, after the notice of appeal shall have been
filed with him, that by reason of facts stated in the certificate,
a stay would, in his or her opinion, cause imminent peril to life
or property.
5.
In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of Adjustment
or by a court of record on application or notice to the administrative
officer.
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2010.07 §5, 4-12-2010]
A.
A variance
may authorize a deviation from the specific terms of these regulations
which is determined not to be contrary to the public interest and
where, owing to special conditions, a literal enforcement of the provisions
of these regulations will, in an individual case, result in unnecessary
hardship, provided the spirit of these regulations shall be observed,
public safety and welfare secured and substantial justice done. Such
variance shall not permit any use not permitted by the zoning regulations
in such district.
1.
The applicant must show that his property was acquired in good faith
and where by reason of exceptional narrowness, shallowness or shape
of this specific piece of property at the time of the effective date
of the City's zoning regulations or where by reasons of exceptional
topographical conditions or other extraordinary or exceptional circumstances
that the strict application of the terms of the zoning regulations
actually prohibit the use of this property in the manner similar to
that of other property in the zoning district where it is located.
3.
A request for a variance may be granted upon a finding of the Board
of Adjustment that all of the following conditions have been met.
The Board of Adjustment shall make a determination on each condition
and the finding shall be entered in the record.
a.
The variance requested arises from such condition which is unique
to the property in question and which is not ordinarily found in the
same zone or district and is not created by an action or actions of
the property owner or applicant.
b.
The granting of the permit for the variance will not adversely affect
the rights of adjacent property owners represented in the application.
c.
The strict application of the provisions of the zoning regulations
of which the variance is requested will constitute unnecessary hardship
upon the property owner represented in the application.
d.
The variance desired will not adversely affect the public health,
safety, morals, order, convenience, prosperity or general welfare.
e.
The granting of the variance desired will not be opposed to the general
spirit and intent of the zoning regulations.
4.
In granting a variance, the Board of Adjustment may impose such conditions,
safeguards and restrictions upon the premises benefited by the variance
as may be necessary to reduce or minimize any potentially injurious
effect of such variance upon other property in the neighborhood and
to carry out the general purpose and intent of these regulations.
5.
In exercising the foregoing powers, the Board of Adjustment, in conformity
with the provisions herein, may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination and
to that end shall have all the powers of the officer from whom the
appeal is taken.
6.
The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of any
such administrative official or to decide in favor of the applicant
on any matter upon which it is required to pass under any such regulation
or to affect any variation in such regulation.
[Ord. No. 2006.19 §1, 6-12-2006]
In making any decision varying or modifying any provision of
the zoning regulations or in granting a variance from the district
regulations, the Board of Adjustment shall impose such restrictions,
terms, time limitations, landscaping, screening and other appropriate
safeguards as needed to protect adjoining property. The Board of Adjustment
may require a performance bond to guarantee the installation of improvements,
such as parking lot surfacing, landscaping, etc. The amount of the
bond shall be based on a general estimate of cost for the improvements
as determined by the Board of Adjustment and shall be enforceable
by or payable to the Board of Aldermen in the sum equal to the cost
of constructing the required improvements. In lieu of the performance
bond requirement, the Board of Adjustment may specify a time limit
for the completion of such required improvements and, in the event
the improvements are not completed within the specified time, the
Board of Adjustment may declare the granting of the application null
and void after reconsideration.
