[R.O. 1993 § 410.010; Ord. No.
1146 § 1, 1-26-1965]
For the purpose of this Chapter the following terms mean or
include:
The chief legislative body of the City of Charleston.
Any public ways.
The division of a parcel of land into two (2) or more lots,
or other division of land; it includes re-subdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
[R.O. 1993 § 410.020; Ord. No.
1146 § 2, 1-26-1965]
The City Council of the City of Charleston shall adopt, amend
and carry out a City plan, and appoint a Planning Commission with
powers and duties herein set forth.
[R.O. 1993 § 410.030; Ord. No.
2041 § 1, 6-14-1983; Ord. No. 2179 § 1, 5-14-1991]
The Planning Commission of the City of Charleston shall consist
of nine (9) members, including the Mayor, a member of the City Council
selected by the City Council, and seven (7) citizens of the City of
Charleston, Missouri, appointed by the Mayor and approved by the City
Council. 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
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 City Council may remove
any citizen member for cause stated in writing and after public hearing.
The City Manager shall be given advance notice of all Planning Commission
meetings, and the City Manager, or his/her designee, shall be entitled
to attend all Commission meetings to advise and assist the Commission,
but he/she shall not be a member of the Commission nor shall he/she
have any vote.
[R.O. 1993 § 410.040; Ord. No.
1146 § 4, 1-26-1965]
The Commission shall elect a Chairman and Secretary from among
the citizen members. The terms 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 Council.
[R.O. 1993 § 410.050; Ord. No.
1146 § 5, 1-26-1985]
The Commission shall make and adopt a City plan for the physical
development of the City of Charleston. 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.
[R.O. 1993 § 410.060; Ord. No.
1146 § 6, 1-26-1965]
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.
[R.O. 1993 § 410.070]
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 Charleston. 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 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 Council and the Municipal Clerk, and be available
at the Municipal Clerk's office for public inspection during normal
business hours and be recorded in the office of the Mississippi County
Recorder of Deeds.
[R.O. 1993 § 410.080; Ord. No.
1146 § 8, 1-26-1965]
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. 1993 § 410.090; Ord. No.
1146 § 9, 1-26-1965]
Whenever the Commission adopts the plan of the City of Charleston
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 Council, and the Council, by vote of not less than two-thirds
(2/3) of its entire membership, may overrule the disapproval and,
upon the overruling, the Council 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 Council, then the submission to the Planning Commission shall
be by the Board having jurisdiction, and the Planning Commissions'
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.
[R.O. 1993 § 410.100; Ord. No.
1146 § 10, 1-26-1965]
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. 1993 § 410.110; Ord. No.
1146 § 11, 1-26-1965]
After the Planning Commission of the City of Charleston 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 Mississippi 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 City Council, and the Council
has approved the plat as provided by law.
[R.O. 1993 § 410.120]
Before adoption of any subdivision regulations, or any amendment
thereof by the City Council, a duly advertised public hearing thereon
shall be held by the Council.
[R.O. 1993 § 410.130; Ord. No.
1146 § 13, 1-26-1965]
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-day period. The ground of disapproval of any
plat by the Commission shall be made a matter of record.
[R.O. 1993 § 410.140; Ord. No.
1146 § 14, 1-26-1965]
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. 1993 § 410.150; Ord. No.
1146 § 16, 1-26-1965]
Upon adoption of a major street plan and subdivision regulations,
the City of Charleston 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 Council or the Planning
Commission, or on a street plan made by and adopted by the Commission.
The Council may locate and construct or may accept any other street
if the ordinance or 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 City Council.
[R.O. 1993 § 410.160; Ord. No.
1146 § 17, 1-26-1965]
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.
[R.O. 1993 § 410.170]
Whenever a plan for major streets has been adopted, the City
Council 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 the building or setback lines. When
a plan for proposed major streets or other public improvements has
been adopted, the Council 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 sites have been carefully
determined and are accurately delineated on maps approved by the Planning
Commission and adopted by the City Council.
