[Ord. No. 9.002 §1, 8-14-1967]
For the purposes of this Chapter, the following terms mean or
include:
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. 9.002 §2, 8-14-1967]
The Board of Aldermen of the City of Weston shall adopt, amend
and carry out a City plan and appoint a Planning and Zoning Commission
with the powers and duties herein set forth.
[Ord. No. 9.002 §3, 8-14-1967; Ord. No. 9.003.1 §1, 9-13-1999]
A. The Planning
and Zoning Commission shall consist of not more than ten (10) nor
less than eight (8) 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 of Aldermen, if the
Board of Aldermen chooses to have a member serve on the Planning and
Zoning Commission and the Board of Aldermen shall make the decision
annually in the month of April as to whether to have a member serve
on the Planning and Zoning Commission; and
3. Eight
(8) citizens appointed by the Mayor and approved by the Board of Aldermen.
All citizen members of the Planning and Zoning 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 of Aldermen
may remove any citizen member for cause stated in writing and after
public hearing.
[Ord. No. 9.002 §4, 8-14-1967]
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.
[Ord. No. 9.002 §5, 8-14-1967]
The Commission shall make and adopt a City plan for the physical
development of the City of Weston. 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. 9.002 §6, 8-14-1967]
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. 9.002 §7, 8-14-1967]
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 Weston. 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 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 recorded in the office of the Platte County Recorder of Deeds.
[Ord. No. 9.002 §8, 8-14-1967]
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. 9.002 §9, 8-14-1967]
Whenever the Commission adopts the plan of the City of Weston
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 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 of Aldermen, 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 and Zoning Commission shall be
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 (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. 9.002 §10, 8-14-1967]
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 and Zoning Commission
as outlined in said Chapter.
[Ord. No. 9.002 §11, 8-14-1967]
After the Planning and Zoning Commission of the City of Weston
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 Platte 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
of Aldermen has approved the plat as provided by law.
[Ord. No. 9.002 §12, 8-14-1967]
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 of Aldermen.
[Ord. No. 9.002 §§13 —
14, 8-14-1967]
A. 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.
B. 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.
No owner, or agent of the owner, of any land located within
the platting jurisdiction of any municipality, 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 Planning
and Zoning Commission and recorded in the office of the appropriate
County Recorder unless the owner or agent shall disclose in writing
that such plat has not been approved by such Planning and Zoning Commission
and the sale is contingent upon the approval of such plat by such
Planning and Zoning Commission. 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. A municipality may enjoin or vacate the transfer
or sale or agreement by legal action, and may recover the penalty
in such action.
[Ord. No. 9.002 §§16 —
17, 8-14-1967]
A. Upon
adoption of a major street plan and subdivision regulations, the City
of Weston 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 of Aldermen or the Planning and Zoning 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 approval 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.
B. 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. 9.002 §18, 8-14-1967]
Whenever a plan for major streets has been adopted, the Board
of Aldermen 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 Board of Aldermen may prohibit any new building
being located within the proposed site or 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 and Zoning Commission and adopted by the Board of
Aldermen.