[CC 1974 §44.010]
For the purposes of this Chapter, the following terms mean or
include:
The chief legislative body of the City of Dexter.
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.
[CC 1974 §44.020]
The Board of Aldermen of the City of Dexter shall adopt, amend
and carry out a City Plan and appoint a Planning Commission with the
powers and duties herein set forth.
A.
The Planning
Commission of the City of Dexter shall consist of not more than fifteen
(15) nor less than seven (7) members, including:
1.
The
Mayor, if the Mayor chooses to be a member;
2.
A member
of the Board of Aldermen selected by the Board, if the Board chooses
to have a member serve on the Commission; and
3.
Not
more than fifteen (15) nor less than five (5) citizens appointed by
the Mayor and approved by the Board. 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. Any vacancy in a membership shall
be filled for the unexpired term by appointment as aforesaid. The
Board may remove any citizen member for cause stated in writing and
after public hearing.
[CC 1974 §44.040]
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.
[CC 1974 §44.050]
The Commission shall make and adopt a City Plan for the physical
development of the City of Dexter. 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, ground
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.
[CC 1974 §44.060]
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.
[CC 1974 §44.070]
The Commission may adopt the plan as a whole by 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 Dexter. 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 Municipal Clerk and a copy shall
be recorded in the office of the Stoddard County Recorder of Deeds.
[CC 1974 §44.080]
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.
[CC 1974 §44.090]
Whenever the Commission adopts the plan of the City of Dexter
or 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 and approved by the Planning Commission.
In case of disapproval, the Commission shall communicate its reasons
to the Board and the Board and 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.
[CC 1974 §44.100]
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.
[CC 1974 §44.110]
After the Planning Commission of the City of Dexter 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 Stoddard 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 has approved
the plat as provided by law.
[CC 1974 §44.120]
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.
[CC 1974 §44.130]
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 grounds of disapproval of
any plat by the Commission shall be made a matter of record.
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.
[CC 1974 §44.140]
No owner or agent of the owner of any land located within the
planning jurisdiction of the City of Dexter, 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 Planning Commission and recorded in the office of the Stoddard
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 Dexter may enjoin or vacate the transfer or sale or agreement
by legal action and may recover the penalty in such action.
[CC 1974 §44.150]
Upon adoption of a major street plan and subdivision regulations,
the City of Dexter 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 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.
[CC 1974 §44.160]
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.
[Ord. No. 3280 §1, 3-3-1986]
All communications towers or antennas including, but not limited
to, CB and television antennas are hereby defined to be buildings
for the purpose of enforcing the Zoning Codes and Building Codes of
the City of Dexter and no building permit for communications towers
or antennas shall be granted until application for the same has been
made and approved by the Zoning Inspector and said application shall
require a fee of ten dollars ($10.00) per building.
[CC 1974 §44.170]
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 may prohibit any new building being located within the proposed
site of 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.
