[Ord. No. 11042013 §V, 11-4-2013]
A Planning Commission is hereby established in the City of Peculiar,
Missouri, to be composed of seven (7) members, including the Mayor
or the Mayor's designate, a member of the Board of Aldermen selected
by the Board of Aldermen as authorized in Section 89.320, RSMo., as
amended, and five (5) citizen members of the City of Peculiar, Missouri.
Each of the three (3) wards of the City will be represented by at
least one (1) member.
[Ord. No. 11042013 §V, 11-4-2013]
A.
All citizen members of the Commission shall serve without compensation.
B.
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.
C.
Any vacancy in a membership shall be filled for the unexpired term
by appointment as aforesaid.
D.
The Board may remove any citizen member for cause stated in writing
and after public hearing.
E.
All citizen members of the Commission shall reside in the City limits
for a minimum of one (1) year next preceding his appointment prior
to becoming eligible to serve on the Commission.
[Ord. No. 11042013 §V, 11-4-2013]
A.
The Commission shall elect its Chairman and Secretary from among
the citizen members. The term of Chairman and Secretary shall be for
one (1) year with eligibility for reelection.
B.
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.
C.
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.
D.
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. 11042013 §V, 11-4-2013]
A.
The Commission may make reports and recommendations relating to the
plan and development of the City to public officials and agencies,
public utility companies, civic, educational, professional and other
organizations and citizens.
B.
It may recommend to the executive or legislative officials of the
City programs for public improvements and the financing thereof.
C.
All public officials shall, upon request, furnish to the Commission,
within a reasonable time, all available information it requires for
its work.
D.
The Commission, its members and employees, in the performance of
its functions, may enter upon any land to make examinations and surveys.
E.
In general, the Commission shall have the power necessary to enable
it to perform its functions and promote City planning.
[Ord. No. 11042013 §V, 11-4-2013]
The Commission shall have and perform all of the functions of
the Zoning Commission provided for in Sections 89.010 to 89.250, RSMo.,
as amended.
[Ord. No. 11042013§V, 11-4-2013]
A.
The Commission shall make and adopt a City Plan for the physical
development of the City of Peculiar. 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.
B.
The Commission may 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, but
the adoption, enforcement and administration of the Zoning Plan shall
conform to the provisions of Sections 89.010 to 89.250, RSMo., as
amended.
[Ord. No. 11042013 §V, 11-4-2013]
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 City. The Plan shall be made with
the general purpose of guiding and accomplishing a coordinated development
of the City 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. 11042013 §V, 11-4-2013]
A.
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.
B.
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. The hearing may be adjourned from time
to time.
C.
The adoption of the Plan requires a majority vote of the full membership
of the Planning Commission.
D.
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 County Recorder of Deeds and
the office of the City Clerk.
[Ord. No. 11042013 §V, 11-4-2013]
A.
Whenever the Commission adopts the Plan of the City 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 City until the location, extent and character thereof has been
submitted to and approved by the Planning Commission.
B.
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, 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.
C.
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.
D.
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. 11042013 §V, 11-4-2013]
When the Planning Commission of any City 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 County
Recorder of the County in which the City is located, 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 Board of Aldermen and the Board has
approved the plat as provided by law.
[Ord. No. 11042013 §V, 11-4-2013]
A.
The Planning Commission shall recommend and the Board may by ordinance
adopt regulations governing the subdivision of land within its jurisdiction.
The regulations, in addition to the requirements provided by law for
the approval of plats, may provide requirements for the coordinated
development of the municipality; for the coordination of streets within
subdivisions with other existing or planned streets or with other
features of the City Plan or Official Map of the municipality; for
adequate open spaces for traffic, recreation, light and air; and for
a distribution of population and traffic.
B.
The regulation may include requirements as to the extent and the
manner in which the streets of the subdivision or any designated portions
thereto shall be graded and improved as well as including requirements
as to the extent and manner of the installation of all utility facilities,
and compliance with all of these requirements is a condition precedent
to the approval of the plat. The regulations or practice of the Board
may provide for the tentative approval of the plat previous to the
improvements and installations; but any tentative approval shall not
be entered on the plat. The regulations may provide that, in lieu
of the completion of the work and installations previous to the final
approval of a plat, the Board may accept a bond in an amount and with
surety and conditions satisfactory to it, providing for and securing
the actual construction and installation of the improvements and utilities
within a period specified by the Board and expressed in the bond;
and the Board may enforce the bond by all appropriate legal and equitable
remedies. The regulations may provide, in lieu of the completion of
the work and installations previous to the final approval of a plat,
for an assessment or other method whereby the Board is put in an assured
position to do the work and make the installations at the cost of
the owners of the property within the subdivision. The regulations
may provide for the dedication, reservation or acquisition of lands
and open spaces necessary for public uses indicated on the City Plan
and for appropriate means of providing for the compensation, including
reasonable charges against the subdivision, if any, and over a period
of time and in a manner as is in the public interest.
C.
Before adoption of its subdivision regulations or any amendment thereof,
a duly advertised public hearing thereon shall be held by the Board.
[Ord. No. 11042013 §V, 11-4-2013]
Within sixty (60) days after the submission of a 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-day period. The ground of disapproval of any plat by the Commission
shall be made a matter of record.
[Ord. No. 11042013 §V, 11-4-2013]
The approval of a plat by the Commission does not constitute
or effect an acceptance by the City of Peculiar or public of the dedication
to public use of any street or other ground shown upon the plat.
[Ord. No. 11042013 §V, 11-4-2013]
No Cass County Recorder shall receive for filing or recording
any subdivision plat required to be approved by a Board of Aldermen
or City Planning Commission unless the plat has endorsed upon it the
approval of the Board of Aldermen under the hand of the Clerk and
the Seal of the City, or by the Secretary of the Planning Commission.
[Ord. No. 11042013 §V, 11-4-2013; Ord. No. 12052016 § XXXI, 12-5-2016]
No owner, or agent of the owner, of any land located within
the platting jurisdiction of the City of Peculiar, 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 Commission and recorded in the
office of the Cass County Recorder. Any person violating the provisions
of this Section shall forfeit and pay to the City of Peculiar a penalty
not to exceed two hundred dollars ($200.00) 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 of Peculiar may enjoin or vacate the transfer
or sale or agreement by legal action, and may recover the penalty
in such action.
[Ord. No. 11042013 §V, 11-4-2013]
Upon adoption of a major street plan and subdivision regulations,
the City of Peculiar 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 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 Board of Aldermen or 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.
[Ord. No. 11042013 §V, 11-4-2013]
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 of Section 89.460, RSMo., as amended.
[Ord. No. 11042013 §V, 11-4-2013]
A.
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 of Aldermen is authorized to 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 Commission and adopted by the Board of Aldermen.
B.
The Board of Aldermen shall provide for the method by which this
Section shall be administered and enforced and may provide for a Board
of Adjustment with powers to modify or vary the regulations, in specific
cases, in order that unwarranted hardship, which constitutes an unreasonable
deprivation of use as distinguished from the mere grant of a privilege,
may be avoided. The regulations of this Section shall not be adopted,
changed or amended until a public hearing has been held thereon as
provided in Section 89.360, RSMo., as amended.
[Ord. No. 11042013 §V, 11-4-2013]
Any person violating the provisions of this Chapter is guilty
of a misdemeanor and upon conviction thereof shall be punished by
a fine of not more than five hundred dollars ($500.00), or by confinement
in the County Jail for not more than ninety (90) days, or by both
such fine and confinement.
[Ord. No. 11042013 §V, 11-4-2013]
The Planning Commission and each member thereof is hereby authorized
and directed to comply with the relevant Missouri Statutes in order
that the City of Peculiar may qualify for State or Federal assistance,
or both, whether financial or otherwise.
