City of Rogersville, MO Article V Administrative Procedures

Section 410.090 Variations and Exceptions.

[Ord. No. 192 §900, 12-2-1986]

A. Variances.

1. When the subdivider can show that provision of these standards would cause unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site, in the opinion of the Planning Commission, a departure may be made without destroying the intent of such provisions, the Planning Commission may recommend a variance to the Board of Aldermen. Any variance thus authorized is to be stated in writing in the minutes of the Planning Commission with the reasoning on which the departure was justified set forth.

2. These variances shall never be authorized as a blanket variance for an entire subdivision.

B. Application. Application for a variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning Commission. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.

C. Conditions. In granting variances and modifications, the Planning Commission and Board of Aldermen may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so verified or modified.

D. Stage Construction. The developer may, after receiving approval of the preliminary plat, petition the Planning Commission to proceed with the subdivision by stages. The area may be subdivided into sections, and after the approval of the Planning Commission and the Board of Aldermen, the installation of improvements as required in Section 410.080 may be constructed.

E. City Not Obligated To Expend Funds. The City shall not be obligated for the expenditure of any funds whatsoever under and pursuant to the terms of these subdivision regulations unless and until the Board of Aldermen shall have approved such expenditure by a majority vote.

Section 410.100 Administration and Amendment.

[Ord. No. 192 §1000, 12-2-1986]

A. Notice Of Action Taken.

1. Whenever the Planning Commission adopts the plan of the City 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 City until the location, extent and character thereof has been submitted to and approved by the Planning Commission.

2. In case of disapproval the Planning 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 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 (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 Planning Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval.

B. Official Recording.

1. No plat or description of a subdivision shall be filed in the office of the County Recorder until the same shall have been given final approval by the Board of Aldermen. This plat or description must be signed by the Mayor and attested by the City Clerk.

2. All final plats shall be filed and recorded within two (2) years of the date of approval by the Board of Aldermen, and no lots shall be sold from any plat until same has been recorded as herein provided. Failure to record such approved plat within two (2) years of the approval shall void all approvals thereto.

C. Agenda. Each major or minor plat submitted for preliminary or final approval shall be placed on the Planning Commission's agenda only after fulfilling the appropriate requirements of these regulations. However, a plat not meeting all the requirements may be submitted providing the subdivider presents with the plat a letter requesting the specific exception and enumerating in detail the reason therefor.

[Ord. No. 1005, 12-7-2020]

D. Amendments. The Board of Aldermen may from time to time amend and make public rules and regulations for the administration of these subdivision regulations after referral to the Planning Commission, to the end the public be informed and that approval of plats of subdivisions be expedited.

E. Penalties.

1. Sale of land in unapproved plat. No owner, or agent of the owner, of any land located within the platting jurisdiction of the City of Rogersville, 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 County Recorder. 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.

2. Any persons violating the provisions of this act 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 one (1) year, or by both such fine and confinement.