[R.O. 1993 § 405.130; Code 1972 § 25-13;
CC 1988 § 22-66]
After 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 Recorder
of Deeds of the County, then no plat of a subdivision of land 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 City Council, and the Council has approved the plat as provided
by law.
[R.O. 1993 § 405.140; Code 1972 § 25-14;
CC 1988 § 22-67]
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 Commission, with the consent of the
applicant for the approval, may extend the sixty-day period. The grounds
of disapproval of any plat by the Commission shall be made a matter
of record.
[R.O. 1993 § 405.150; Code 1972 § 25-15;
CC 1988 § 22-68]
The approval of a plat by the Planning and Zoning Commission
does not constitute or effect an acceptance by the City or public
of the dedication to public use of any street or other ground shown
upon the plat.
[R.O. 1993 § 405.160; Code 1972 § 25-16;
CC 1988 § 22-69]
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 Council or the
Planning and Zoning Commission, and recorded in the office of the
County Recorder. Any person violating the provisions of this Section
shall forfeit and pay to the City a penalty not to exceed three hundred
dollars ($300.00) for each parcel of land 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. Such penalty shall be set by the City Council. The City may
enjoin or vacate the transfer or sale or agreement by legal action,
and may recover the penalty in such action.
[R.O. 1993 § 405.170; Code 1972 § 25-17;
CC 1988 § 22-70]
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, or lay or authorize the laying of water mains, sewers,
connections or other utilities in any street within the City 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 Council or the Planning and Zoning Commission or on a street
plan made by and adopted by the Commission. The Council 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 City Council.
[R.O. 1993 § 405.180; Code 1972 § 25-18(a);
CC 1988 § 22-71]
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 of Section 405.170.
[R.O. 1993 § 405.190; Code 1972 § 25-18(b);
CC 1988 § 22-72]
Whenever a plan for major streets has been adopted, the City
Council, upon recommendation of the Planning and Zoning 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 Council may prohibit any new building being located
within the proposed site or right-of-way when the center line 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
and Zoning Commission and adopted by the Council.
