Editor's Note — This chapter is superseded by ord. no.
99-10 §1 adopted May 18, 1999, which replaced ch. 400 with the
new provisions set out herein. Former ch. 400 derived from CC 1975
§§45.010 — 45.190 and ord. no. 98-13 §§1
— 4, 5-5-1998.
[Ord. No. 99-10 §1, 5-18-1999; Ord. No. 00-32 §1, 12-5-2000]
For the purpose of this Chapter and Title, the following terms
mean or include:
Revisions or additions to the City Comprehensive Plan and
the Land Use Code made by the City Planning Commission and approved
by the Board of Aldermen.
The chief legislative body of the City of Carl Junction.
The City of Carl Junction, Missouri.
The City plan adopted by the Board of Aldermen of the City
of Carl Junction that is to be used as the primary foundation for
future land use and physical development of the City including subsequent
amendments.
Planning and Zoning Commission.
A basic element of the City Comprehensive Plan, it designates
the future use or reuse of the land within a given City's planning
area, and the policies and reasoning used in arriving at the decisions
in the plan. The land use plan serves as a guide to official decisions
in regard to the distribution and intensity of private development
as well as public decisions on the location of future public facilities
and open spaces. It also is a basic guide to the structure of the
zoning ordinance, subdivision regulations and capital improvement
programs.
A piece of land intended to be separately owned, developed
and/or otherwise used as a unit.
A map of the City with all streets named and classified.
A fact-finding, advisory body to the Board of Aldermen. This
Commission has and performs all the functions of the Planning Commission
and the Zoning Commission set forth in Chapter 89, RSMo., as amended.
A subdivision map showing its name, location, owner, designer,
scale, location of property lines, topographical lines, floodplains,
utilities and any other information required by City regulations.
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.
Land use regulations and/or ordinances of the City of Carl
Junction.
A lawfully adopted map showing areas or districts with uniform
regulations governing the use, height, area, size, intensity of use
and other features for structures, land and open space within the
City of Carl Junction.
[Ord. No. 99-10 §1, 5-18-1999; Ord. No. 00-32 §2, 12-5-2000]
The Board of Aldermen of the City of Carl Junction hereby appoints
the Planning and Zoning Commission of the City of Carl Junction which
shall have and perform all the functions of the Planning Commission
and the Zoning Commission set forth in Chapter 89, RSMo., as amended.
[Ord. No. 99-10 §1, 5-18-1999; Ord. No. 00-32 §3, 12-5-2000; Ord. No. 01-45 §1, 12-4-2001; Ord. No. 07-36 §1, 10-16-2007]
The Planning and Zoning Commission of the City of Carl Junction
shall consist of not more than fifteen (15) nor less than seven (7)
members, including the Mayor, if the Mayor chooses to be a member,
a member of the Board of Aldermen, if the Board of Aldermen choose
to have a member, with such alternates to the selected Board member
as the Board of Aldermen may choose and not 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 (1st) appointed shall be for varying
periods, so that the succeeding terms will be staggered. Any vacancy
in a membership shall be filled for the non-expired term by appointment
as aforesaid. The Board may remove any citizen member for cause stated
in writing and after public hearing.
[Ord. No. 99-10 §1, 5-18-1999; Ord. No. 00-32 §4, 12-5-2000]
A.
The
Planning and Zoning Commission shall elect a Chairman, Vice Chairman
and Secretary from among the citizen members. The term of the Chairman,
Vice Chairman and Secretary shall be for one (1) year with eligibility
for re-election. The Commission shall hold regular meetings and special
meetings as provided 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 planners and other
consultants or professional persons for services the Commission may
require. The expenditures of the Commission, exclusive of grants and
gifts, shall be within the amounts appropriated for the purpose by
the Board of Aldermen.
B.
Upon
request, all public officials shall 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. 99-10 §1, 5-18-1999; Ord. No. 00-32 §5, 12-5-2000]
The Planning and Zoning Commission shall have and perform all
of the functions of the Zoning Commission provided for in Chapter
89, RSMo., 1986, as amended, and shall have and perform all of the
functions of a Planning Commission as outlined in said Chapter.
[Ord. No. 99-10 §1, 5-18-1999; Ord. No. 00-32 §6, 12-5-2000]
The Board of Aldermen of the City of Carl Junction shall adopt
the City Comprehensive Plan. The Board shall direct that the City
Comprehensive Plan be filed with the County Recorder of Deeds as directed
by State law. The Board shall direct that the City Comprehensive Plan
be used as the primary foundation upon which any future land use and/or
physical development is considered. The Board shall further direct
that the City Comprehensive Plan be reviewed by the Commission annually
and revised as required to address concerns of the City.
[Ord. No. 99-10 §1, 5-18-1999]
The Commission shall review the City Comprehensive Plan at least
annually, revise as necessary, and recommend adoption to the Board
of Aldermen any amendments for the physical development of the City
of Carl Junction. The City Comprehensive 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 by 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 district map for
the regulation of the height, area, bulk, location, use and other
features for private, non-profit and public structures and premises,
and of population density.
[Ord. No. 99-10 §1, 5-18-1999]
In the preparation of amendments to the City Comprehensive Plan,
the Commission shall make careful and comprehensive surveys and studies
of the existing conditions and probable future growth of the municipality.
The amendments 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. 99-10 §1, 5-18-1999; Ord. No. 00-32 §7, 12-5-2000]
The Commission may adopt the City Comprehensive Plan as a whole
by a single resolution or, as the work of amending 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 Carl Junction. The hearing may be adjourned from time to time.
The adoption of the plan requires a majority vote of the full membership
of the 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 available in the office of the County Recorder of
Deeds and shall be available at the Municipal Clerk's office for public
inspection during normal office hours.
[Ord. No. 99-10 §1, 5-18-1999; Ord. No. 00-32 §8, 12-5-2000]
Whenever the Commission adopts the City Comprehensive Plan of
the City of Carl Junction 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 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 Commission
shall be by the Board having jurisdiction and the 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 the
official submission to it shall be deemed approval.
[Ord. No. 99-10 §1, 5-18-1999; Ord. No. 00-32 §9, 12-5-2000]
After the Planning and Zoning Commission of the City of Carl
Junction adopts the City Comprehensive 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 Deeds,
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. 99-10 §1, 5-18-1999]
Before adoption of any subdivision regulations, or any amendment
thereof by the Board of Aldermen, a duly advertised public hearing
thereon shall be held by the Board.
[Ord. No. 99-10 §1, 5-18-1999]
Within sixty (60) days after the 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. 99-10 §1, 5-18-1999]
The approval of a plat by the Commission does not constitute
or effect any acceptance by the municipality or public of the dedication
to public use of any street or other ground shown upon the plat.
[Ord. No. 99-10 §1, 5-18-1999; Ord. No. 00-32 §10, 12-5-2000]
No owner or agent of the owner of any land located within the
planning jurisdiction of the City of Carl Junction, 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 Commission and recorded in the office of the County
Recorder of Deeds. Any person violating the provisions of this Section
shall forfeit and pay to the municipality a penalty not to exceed
three thousand dollars ($3,000.00) 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 Carl Junction may enjoin or vacate the transfer or sale
or agreement by legal action and may recover the penalty in such action.
[Ord. No. 99-10 §1, 5-18-1999; Ord. No. 00-32 §11, 12-5-2000]
Upon adoption of a major street plan and subdivision regulations,
the City of Carl Junction 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 the City Comprehensive Plan
by the Commission; or unless the street corresponds in its location
and lines with a street shown on a subdivision plat approved by the
Board or the 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. 99-10 §1, 5-18-1999; Ord. No. 00-32 §12, 12-5-2000]
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 City limits of Carl Junction unless the street giving access to
the lot upon which the building is proposed to be placed conforms
to the requirements above described. No private streets may be constructed
within the City.
[Ord. No. 99-10 §1, 5-18-1999; Ord. No. 00-32 §13, 12-5-2000]
Whenever a plan for major streets has been adopted, the Board
of Aldermen upon recommendation of the Commission is authorized and
empowered to establish, regulate and limit and amend, by ordinance,
building or setback lines on 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 in 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 Commission and adopted by the Board.
[Ord. No. 99-10 §1, 5-18-1999; Ord. No. 00-32 §14, 12-5-2000; Ord. No. 03-22 §1, 6-17-2003; Ord. No. 06-21 §1, 4-18-2006; Ord. No. 17-25, 9-19-2017]
A.
General Land Use Fees.
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Fence application
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$20.00
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Lot split application
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$50.00
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Lot split filing fee
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$70.00
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Manufactured home placement inspection
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$25.00
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Manufactured home business license
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$10.00/unit
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Manufactured home business license transfer
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$50.00
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Minor subdivision application
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$50.00
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Preliminary site plan review
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$70.00
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Rezoning fee
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$100.00
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Site plan review
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$200.00
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Special use or land use permit application
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$50.00
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Special use or land use permit application renewal
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$50.00
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Vacation of streets, alleys and easements or reservations
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$100.00
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Zoning appeal
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$50.00
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Zoning variance
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$50.00
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B.
Subdivision Filing Fees. There shall be paid by all persons
or corporations submitting preliminary plats for approval by the City
a filing fee of two hundred dollars ($200.00) plus ten dollars ($10.00)
for each lot in excess of twenty (20). This fee shall be paid at the
time the preliminary plat is submitted to the Planning and Zoning
Commission and shall apply to approval of the preliminary plat. A
fee of seventy dollars ($70.00) is required at the time the final
plat is filed.
C.
Waiver Of Fees. In the event of a natural or other disaster,
the Mayor and Board of Aldermen may authorize the City Administrator
to waive part or all of the fees provided in this Section for the
purpose of rebuilding and replacing damaged and destroyed buildings
following such natural or other disaster. Such authorization shall
be by motion approved by a majority of the Board of Aldermen and the
Mayor and shall specify the purpose, conditions, qualifications and
length of time such authority shall exist.
D.
Plan Review Fees. In addition to all other fees set forth
in this Section, any person filing general land use plans shall be
responsible for reimbursing the City for actual expenses incurred
by the City which are necessary to the City's administration of those
plans. Such fees may include, but are not limited to engineering and
other associated fees incurred by the City in connection with the
City's review of such plans but not limited to, site plans, preliminary
plats, final plats and other plans that have necessary expenses reasonably
incurred by the City. The City Clerk shall provide notification in
writing to the holder of the plan within thirty (30) days of the City's
receipt of any such expense incurred by the City unless for good cause,
a longer period for such notification is necessary.
[Ord. No. 99-10 §1, 5-18-1999]
Any person violating the provisions of this Chapter shall be
guilty of a misdemeanor and upon conviction thereof shall be fined
not less than one hundred dollars ($100.00) nor 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.
