[R.O. 2011 §410.010; CC 1974 §46.010]
For the purposes of this Chapter, the following terms mean or
include:
BOARD
The chief legislative body of the City of Cabool.
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.
[R.O. 2011 §410.020; CC 1974 §46.020]
The Board of Aldermen of the City of Cabool shall adopt, amend
and carry out a City Plan, and appoint a Planning Commission with
the powers and duties herein set forth.
[R.O. 2011 §410.040; CC 1974 §46.040]
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.
[R.O. 2011 §410.050; CC 1974 §§46.050 —
46.070]
A. The
Commission shall make and adopt a City Plan for the physical development
of the City of Cabool. 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.
B. 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.
C. 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 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 Cabool. 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 available
in the office of the County Recorder of Deeds and shall be available
at the City Clerk's office for public inspection during normal office
hours.
[R.O. 2011 §410.060; CC 1974 §46.080]
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.
[R.O. 2011 §410.070; CC 1974 §46.090]
Whenever the Commission adopts the Plan of the City of Cabool
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 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 (⅔)
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 (⅔)
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.
[R.O. 2011 §410.080; CC 1974 §46.100]
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 said Chapter.
[R.O. 2011 §410.090; CC 1974 §§46.110 —
46.140]
A. After
the Planning Commission of the City of Cabool 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 Texas 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.
B. 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.
C. 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.
D. 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.
[R.O. 2011 §410.100; CC 1974 §§46.160 —
46.180]
A. Upon
adoption of a Major Street Plan and subdivision regulations, the City
of Cabool 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 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 (⅔) 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.
C. 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 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 Commission
and adopted by the Board.
[R.O. 2011 §410.110; CC 1974 §46.190]
Any person violating the provisions of this Chapter shall be guilty of an ordinance violation and upon conviction thereof shall be fined as set out in Section
100.220 of this Code.