[Ord. No. 526 §1, 5-9-1966]
For the purpose of this Chapter, the following terms mean or
include:
BOARD
The Board of Aldermen of the City of Hermann.
SUBDIVISION
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.
[Ord. No. 526 §2, 5-9-1966]
The Board of Aldermen of the City of Hermann shall adopt, amend,
and carry out a City Plan, and appoint a Planning Commission with
the powers and duties set forth herein.
[Ord. No. 1014 §1, 4-11-1988; Ord. No. 1315 §1, 10-11-1999; Ord. No. 1483 §1, 3-14-2005; Ord. No. 1590 §1, 6-12-2006]
The Planning Commission of the City of Hermann shall consist
of seven (7) members, which may include the Mayor, if the Mayor chooses
to be a member and which may include a member of the Board of Aldermen
selected by the Board, if the Board chooses to have the members serve
on the Commission and which shall include not less than five (5) nor
more than seven (7) citizens appointed by the Mayor and approved by
the Board of Aldermen, depending upon whether the Mayor and a member
of the Board of Aldermen are then serving on the Commission. 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 (1st) appointed shall
be for varying periods so that succeeding terms will be staggered.
Any vacancy in a membership shall be filled before 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.
[Ord. No. 526 §4, 5-9-1966]
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.
[Ord. No. 526 §5, 5-9-1966]
The Commission shall make and adopt a City Plan for the physical
development of the City of Hermann. 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.
[Ord. No. 526 §6, 5-9-1966]
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.
[Ord. No. 526 §7, 5-9-1966]
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 Hermann. 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 Gasconade County Recorder of Deeds.
[Ord. No. 526 §8, 5-9-1966]
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.
[Ord. No. 526 §9, 5-9-1966]
Whenever the Commission adopts the plan of the City of Hermann
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
character thereof has been submitted to and approved by the Planning
Commission. In case of disapproval, the Commission shall communicate
its reasons to the Board, and the Board, by vote of not less than
two-thirds (2/3) 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, then the submission to the Planning Commission shall
be by 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.
[Ord. No. 526 §10, 5-9-1966]
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 this Chapter.
[Ord. No. 526 §11, 5-9-1966]
After the Planning Commission of the City of Hermann 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 Gasconade 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.
[Ord. No. 526 §12, 5-9-1966]
Before adoption of any subdivision regulations, or any amendments
thereof by the Board of Aldermen, a duly advertised public hearing
thereof shall be held by the Board.
[Ord. No. 526 §13, 5-9-1966]
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.
[Ord. No. 526 §14, 5-9-1966]
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.
[Ord. No. 526 §15, 5-9-1966]
No owner or agent of the owner of any land located within the
platting jurisdiction of the City of Hermann, 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 Gasconade
County Recorder. Any person violating the provisions of this Chapter
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 Hermann may enjoin or vacate the transfer or sale or agreement
by legal action, and may recover the penalty in such action.
[Ord. No. 526 §16, 5-9-1966]
Upon adoption of a major street plan and subdivision regulations,
the City of Hermann 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 Municipality unless the street has received the legal status of
a public street prior to the adoption of the 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
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.
[Ord. No. 526 §17, 5-9-1966]
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. 526 §18, 5-9-1966]
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 or right-of-way when the center line of the proposed street or
the limits of the proposed site have been carefully determined and
are accurately delineated on maps approved by the Planning Commission
and adopted by the Board.
[Ord. No. 903 §20, 6-27-1983]
Violation of any provision of this Chapter shall be a misdemeanor.