[R.O. 2010 §400.010; Ord. No. 202 §1, 11-10-1969]
For the purpose of this Chapter, the following terms mean or
include:
COUNCIL
The chief Legislative Body of the City of LaGrange, Missouri.
SUBDIVISION
The division of a parcel of land into two (2) or more lots,
or other divisions of land; it includes resubdivisions and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
[R.O. 2010 §400.020; Ord. No. 202 §2; 11-10-1969]
The City Council of the City of LaGrange shall adopt, amend
and carry out a City Plan and appoint a Planning Commission with the
powers and duties herein set forth.
There is hereby established within and for the City a Planning
Commission which 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 City Council selected by the Council,
if the Council chooses to have a member serve on the Commission; and
not more than fifteen (15) nor less than five (5) citizens appointed
by the Mayor and approved by the City Council. 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 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.
[R.O. 2010 §400.040; Ord. No. 202 §4, 11-10-1969]
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
service that it requires. The expenditures of the Commission, exclusive
of grants and gift, shall be within the amounts appropriated for the
purpose by the Council.
[R.O. 2010 §400.050; Ord. No. 202 §5, 11-10-1969]
The Commission shall make and adopt a City Plan for the physical
development of the City of LaGrange. 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. 2010 §400.060; Ord. No. 202 §6, 11-10-1969]
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. 2010 §400.070; Ord. No. 202 §7, 11-10-1969]
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 LaGrange. 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 Council and the City Clerk and a copy shall be
recorded in the office of the Lewis County Recorder of Deeds.
[R.O. 2010 §400.080; Ord. No. 202 §8, 11-10-1969]
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. 2010 §400.090; Ord. No. 202 §9, 11-10-1969]
Whenever the Commission adopts the plan of the City of LaGrange
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 portion 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
(⅔) of its entire membership, may overrule the disapproval
and, upon the overruling, the Council or the appropriate board or
officer may precede, 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 the board having jurisdiction, and the Planning Commission
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 the 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. 2010 §400.100; Ord. No. 202 §10, 11-10-1969]
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. 2010 §400.110; Ord. No. 202 §11, 11-10-1969]
After the Planning Commission of the City of LaGrange 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 Lewis 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. 2010 §400.120; Ord. No. 202 §12, 11-10-1969]
Before adoption of any subdivision regulations, or any amendment
thereof by the City Council, a duly advertised public hearing thereof
shall be held by the Council.
[R.O. 2010 §400.130; Ord. No. 202 §§13 — 15, 11-10-1969]
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 grounds 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.
C. No
owner or agent of the owner of any land located within the planning
jurisdiction of the City of LaGrange, 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 Council or Planning
Commission and recorded in the office of the Lewis County Recorder.
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. Said penalty shall
be set by the City Council. The City of LaGrange may enjoin or vacate
the transfer or sale or agreement by legal action and may recover
the penalty in such action.
[R.O. 2010 §400.140; Ord. No. 202 §§16 — 18, 11-10-1969]
A. Upon
adoption of a major street plan and subdivision regulations, the City
of LaGrange 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 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 City Council.
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 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 buildings
being located within 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 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 Council.
[R.O. 2010 §400.150; Ord. No. 202 §19, 11-10-1969]
Any person violating the provisions of this Chapter shall be
guilty of an ordinance violation and upon conviction thereof shall
be fined not less than fifty dollars ($50.00) nor more than five hundred
dollars ($500.00) or by confinement in the County Jail for not more
than one (1) year, or by both such fine and confinement.