[R.O. 2003 §402.010; Ord. No. 230 §1, 2-19-1969]
For the purpose of this Chapter, the following terms mean or
include:
The Chief Legislative Body of the City of Buckner.
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 the process of subdividing or to the land
or territory subdivided.
[R.O. 2003 §402.020; Ord. No. 230 §2, 2-19-1969; Ord. No. 1053, 9-2-2021]
The Board of Aldermen of the City of Buckner shall appoint a
Planning Commission with the powers and duties herein set forth.
[Ord. No. 1053, 9-2-2021[1]]
There is hereby created a Planning and Zoning Commission for
the City of Buckner, Missouri. The Planning and Zoning Commission
shall consist of five (5) voting members. All members of the Planning
and Zoning Commission shall be citizens of the City. Members shall
be appointed by the Mayor and approved by the Board of Aldermen. The
term of each citizen member 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 shall be staggered. All members shall
be removable for cause by the Board of Aldermen upon written cause
and after a public hearing, if requested by the member(s) to be removed.
The Commission may adopt its own rules of procedure not inconsistent
with this Chapter.
[1]
Editor's Note: This ordinance also repealed former Section
402.030, Membership, adopted or amended by Ord. No. 230 § 3,
2-19-1969, and as further amended.
[Ord. No. 1053, 9-2-2021[1]]
A.
Vacancies
shall be filled as quickly as possible by appointment by the Mayor
with approval by the Board of Aldermen for the unexpired term of any
member whose term becomes vacant.
B.
At
the first regular meeting following January 1 of each year, the Commission
may elect a Chairperson and Secretary from among the members. The
terms of the Chairperson and Secretary shall be for one (1) year with
eligibility for reelection. The Commission may also elect for a term
of one (1) year a Vice Chairperson who shall serve in the absence
or disqualification of the Chairperson.
C.
The
Commission shall hold at least one (1) regular meeting per quarter
(three-month increments, January to March, April to June, July to
September, October to December). The Commission may hold special meetings
as necessary. A quorum of three (3) members shall be required for
a meeting to be held. All meetings of the Commission shall be open
to the public. Decisions on all issues brought before the Commission
shall require a majority vote of those members present at the meeting.
The Secretary, or their designee, shall keep minutes of the proceedings,
including the vote of each member upon question or, if absent or failing
to vote, indicating such fact and all other official actions, all
of which shall be immediately filed in the office of the City Clerk
and shall be a public record.
D.
All
citizen members of the Commission shall serve without compensation.
[1]
Editor's Note: This ordinance also repealed former Section
402.040, Chairman and Secretary, adopted or amended by Ord. No. 230
§ 4, 2-19-1969, and as further amended.
[Ord. No. 1053, 9-2-2021[1]]
A.
The
Planning and Zoning Commission shall have the following powers and
duties:
1.
Make recommendations to the Board of Aldermen on all proposed Zoning
Code text amendments and rezoning of property, including conditional
use permits;
2.
Make recommendations to the Board of Aldermen on all proposed subdivisions
of land;
3.
Make recommendations to the Board of Aldermen on plans and infrastructure
improvement programs, including financing thereof;
4.
Adopt and amend the City' s Comprehensive Plan from time to time;
and
5.
Perform all other functions pursuant to State law.
[1]
Editor's Note: This ordinance also repealed former Section
402.050, Appointment of Agents, adopted or amended by Ord. No. 652
§ 2, 11-1-2001, and as further amended.
[R.O. 2003 §402.050; Ord. No. 230 §§5–7, 2-19-1969]
A.
The Commission shall make and adopt a City Plan for the physical
development of the City of Buckner. 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, nonprofit
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 progress, 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 Buckner. 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 of Aldermen and the Municipal Clerk, and
a copy shall be recorded in the office of the Jackson County Recorder
of Deeds.
[R.O. 2003 §402.060; Ord. No. 230 §8, 2-19-1969]
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. 2003 §402.070; Ord. No. 230 §9, 2-19-1969]
Whenever the Commission adopts the Plan of the City of Buckner
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 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 of Aldermen, then the
submission to the Planning Commission shall be 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.
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. 2003 §402.080; Ord. No. 230 §10, 2-19-1969]
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. 2003 §402.090; Ord. No. 230 §§11–14, 2-19-1969; Ord. No. 569, 1-8-1998]
A.
After the Planning Commission of the City of Buckner 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 Jackson 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 as 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.
B.
Before the adoption of any subdivision regulations, or any amendment
thereof by the Board of Aldermen, a duly advertised public hearing
thereof may be held by the Board of Aldermen.
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-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.
E.
Unless a plat which has been approved by the Board of Aldermen as outlined in Subsection (A) above has been recorded in the Recorder of Deeds Office for Jackson County, Missouri, within ninety (90) days of the approval rendered by the Board of Aldermen, such plat approval of the Board shall be deemed to be automatically terminated and of no effect. Upon termination of such unrecorded plat, anyone presenting such plat will then be required to begin the process of plat approval over again with the Planning Commission of the City of Buckner.
No owner, or agent of the owner, of any land located within
the platting jurisdiction of this City, 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 appropriate
county recorder unless the owner or agent shall disclose in writing
that such plat has not been approved by such Board of Aldermen or
Planning Commission and the sale is contingent upon the approval of
such plat by such Board of Aldermen or Planning Commission. Any person
violating the provisions of this Section shall forfeit and pay to
the City 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. The City may enjoin
or vacate the transfer or sale or agreement by legal action, and may
recover the penalty in such action.
[R.O. 2003 §402.110; Ord. No. 230 §§16–18, 2-19-1969]
A.
Upon adoption of a Major Street Plan and subdivision regulations,
the City of Buckner, Missouri, 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 of Aldermen or the 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.
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 of Aldermen 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 Board of Aldermen.
[R.O. 2003 §402.120; Ord. No. 230 §19, 2-19-1969]
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.
