Pursuant to the provisions of Sections 89.300, et seq., Missouri Revised Statutes, there is hereby authorized, appointed and established a Planning Commission for the City of Pleasant Valley, Missouri.
The body shall be known as the "Pleasant Valley Planning Commission".
[Ord. No. 3113 §1, 9-3-2013]
The Planning Commission shall consist of seven (7) members, including the Mayor, a member of the Board of Aldermen and five (5) citizens appointed by the Mayor and approved by the Board of Aldermen. All citizen members 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. The citizen membership of the first (1st) Planning Commission appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, and one (1) for four (4) years. Thereafter, members shall be appointed for terms of four (4) years each. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Board of Aldermen may remove any citizen member for cause stated in writing and after public hearing.
The Planning Commission shall elect its Chairman and Secretary from among the citizen members. The term of Chairman and Secretary shall be for one (1) year with eligibility for reelection. The Planning Commission shall hold regular meetings and special meetings as they have provided by rule, and shall adopt rules for the transaction of business. The Planning Commission shall also keep a record of its proceedings. These records shall be public records. The Planning 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 Planning Commission, exclusive of grants and gifts, shall be within the amounts appropriated for the purpose by the Board of Aldermen.
The Planning Commission shall make and adopt a City Plan for the physical development of the City of Pleasant Valley. The City Plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the Planning 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 may 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, but the adoption, enforcement and administration of the Zoning Plan shall conform to the provisions of Sections 89.010 to 89.250, Missouri Revised Statutes.
In the preparation of the City Plan, the Planning Commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the City of Pleasant Valley. The plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the City of Pleasant Valley 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.
The Planning 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 Planning 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 Pleasant Valley. 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 Planning 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 Planning 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 City Clerk, and a copy shall be recorded in the office of the Clay County Recorder of Deeds.
The Planning Commission may make reports and recommendations relating to the plan and development of the City to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the Mayor and Board of Aldermen programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the Planning Commission, within a reasonable time, all available information it requires for its work. The Planning Commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys. In general, the Planning Commission shall have the power necessary to enable it to perform its functions and promote City planning.
Whenever the Planning Commission adopts the plan of the City of Pleasant Valley 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 of Pleasant Valley until the location, extent and character thereof has been submitted to and approved by the Planning Commission. 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 (⅔) of its entire membership, may overrule the disapproval and, upon the overruling, the Board of Aldermen or the appropriate board or officer may proceed. 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.
The Commission shall have and perform all of the functions of the Zoning Commission provided for in Sections 89.010 to 89.250, Missouri Revised Statutes.
When the Pleasant Valley Planning Commission 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 Clay County Recorder of Deeds, no plat of a subdivision of land lying within the City of Pleasant Valley shall be filed or recorded until it has been submitted to and a report and recommendation thereon made by the Planning Commission to the Board of Aldermen and the Board of Aldermen has approved the plat as provided by law.
The Planning Commission shall recommend and the Board of Aldermen may by ordinance adopt regulations governing the subdivision of land within its jurisdiction. The regulations, in addition to the requirements provided by law for the approval of plats, may provide requirements for the coordinated development of the City of Pleasant Valley, for the coordination of streets within subdivisions and other existing or planned streets or with other features of the City Plan or official map of the City; for adequate open spaces for traffic, recreation, light and air, and for a distribution of population and traffic.
The regulation may include requirements as to the extent and the manner in which the streets of the subdivision or any designated portions thereto shall be graded and improved as well as including requirements as to the extent and manner of the installation of all utility facilities, and compliance with all of these requirements is a condition precedent to the approval of the plat. The regulations or practice of the Board of Aldermen may provide for the tentative approval of the plat previous to the improvements and installations; but any tentative approval shall not be entered on the plat. The regulations may provide that, in lieu of the completion of the work and installations previous to the final approval of a plat, the Board of Aldermen may accept a bond in an amount and with surety and conditions satisfactory to it, providing for and securing the actual construction and installation of the improvements and utilities within a period specified by the Board of Aldermen and expressed in the bond, and the Board of Aldermen may enforce the bond and all appropriate legal and equitable remedies. The regulations may provide, in lieu of the completion of the work and installations previous to the final approval of a plat, for an assessment or other method whereby the Board of Aldermen is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision. The regulations may provide for the dedication, reservation or acquisition of lands and open spaces necessary for public uses indicated on the City Plan and for appropriate means of providing for the compensation, including reasonable charges against the subdivision, if any, and over a period of time and in a manner as is in the public interest.
Before the adoption of its subdivision regulations or any amendment thereof, a duly advertised public hearing thereon shall be held by the Board of Aldermen.
[Ord. No. 3287, 2-5-2018]
Lot Split Requirements. If a proposed subdivision or reconfiguration of land does not contain more than three (3) lots, each of which have frontage on existing streets, not involving any new street or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property and are not in conflict with any provision or portion of the comprehensive plan, major street plan, zoning ordinance, flood plain management, and are otherwise within all regulations, the owner may proceed with the lot split procedure thus circumventing the normal requirements of subdivision as outlined in these regulations. The creation of new lots through a lot split procedure will require payment of all required fees and dedication on the same basis as creation of new lots in a regular subdivision.
Lot Split Procedure.
Application Requirements. The applicant shall be required to submit an application for a lot split on forms available from the City Clerk's office along with a one hundred dollar ($100.00) filing fee. The application shall include three (3) certified survey maps for review. The certified survey map shall be prepared by a registered surveyor in conformance with these subdivision regulations. The survey maps shall show all existing buildings, utilities, sanitary sewers, drainage ditches, easements and other features pertinent to proper division.
Review Procedure. Lot split application will be reviewed by the Zoning Administrator to determine if it meets the requirements for the lot split procedure. If the application is determined to be eligible for the abbreviated process, the Zoning Administrator will notify the applicant, in writing, of the conditional approval or rejection within fourteen (14) days of receipt of the application. The recommendation of the Zoning Administrator will be provided to the Board of Aldermen at their next regularly scheduled meeting. The Board of Aldermen shall authorize their approval by ordinance. The decision of the Board of Aldermen shall be the final action on a lot split procedure. If the lot split is denied, the applicant may appeal to the Board of Zoning Adjustments in accordance with the provisions and procedures in Chapter 410 of the City Code.
Approved Plat And Recording. If approval of the lot split is granted, the applicant shall pay any applicable fees from new lots created and shall supply the City with a final mylar print and two (2) prints on linen. When conditional approval of the lot split is granted, the conditions imposed shall be complied with prior to the documents being signed and recorded.
Within sixty (60) days after the submission of a plat to the Planning 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.
The approval of a plat by the Planning Commission does not constitute or effect an acceptance by the City of Pleasant Valley or public of the dedication to public use of any street or other ground shown upon the plat.
The Clay County Recorder of Deeds shall not receive for filing or recording any subdivision plat required to be approved by the Board of Aldermen or the Pleasant Valley Planning Commission unless the plat has been endorsed upon it the approval of the Board of Aldermen under the hand of the Clerk and the Seal of the City, or by the Secretary of the Planning Commission.
No owner, or agent of the owner, of any land located within the platting jurisdiction of any municipality, 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 appropriate 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. A municipality may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
The Pleasant Valley Planning Commission is hereby appointed as the Zoning Commission of Pleasant Valley, Missouri.
A Board of Adjustment is hereby established in accordance with Chapter 89, Missouri Revised Statutes, regarding the zoning of Cities. The word "Board" when used in this Article shall be construed to mean the Board of Adjustment.
In the regulations and restrictions adopted by the City pursuant to the authority of Sections 89.010 to 89.140, Missouri Revised Statutes, the Board of Adjustment may determine and vary the application of such regulations and restrictions in harmony with their general purpose and intent and in accordance with general or specific rules contained therein.
The Board of Adjustment shall consist of five (5) members, who shall be residents of the City. The membership of the first (1st) Board appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, and one (1) for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be removable for cause by the Board of Aldermen upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairman who shall serve for one (1) year.
The Board shall adopt rules in accordance with the provisions of this Chapter. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairmen, or in his/her absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board, and shall be public record. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the Board for that purpose.
The Board of Adjustment shall have the following powers and duties:
Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Director of Public Works acting as the Zoning Administrator in the enforcement of these regulations.
Appeals to the Board may be taken by the person aggrieved, or by any officer, department, or bureau of the government affected by any decision of the Zoning Administrator. Such appeal shall be filed with the Director of Public Works acting as the Zoning Administrator and the Board of Adjustment within a reasonable time, as shall be prescribed. The Director of Public Works acting as the Zoning Administrator shall forthwith transmit to the Secretary of the Board all papers constituting the record upon which the action appealed from is taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Director of Public Works acting as the Zoning Administrator certifies to the Board, after the Notice of Appeal shall have been filed with him/her, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board, or by a court of record on application or notice to the Director of Public Works acting as the Zoning Administrator on good cause shown.
Variances. To authorize in specific cases a variance from the specific terms of these regulations which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in unnecessary hardship, provided the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done.
The applicant must show that this property was acquired in good faith and where by reason of exceptional narrowness, shallowness or shape of this specific piece of property at the time of the effective date of the District Zoning Regulations or where by reason of exceptional topographic conditions or other extraordinary or exceptional circumstances that the strict application of the terms of the zoning regulations actually prohibit the practical use of his/her property in the manner similar to that of other property in the Zoning District where it is located.
A request for a variance may be granted, upon a finding of the Board that all of the following conditions have been met. The Board shall make a determination on each condition, and the finding shall be entered in the record.
The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district, and is not created by an action or actions of the property owner or applicant.
The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.
The strict application of the provisions of the Zoning Regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application.
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.
The granting of the variance desired will not be opposed to the general spirit and intent of the Zoning Regulations.
In granting a variance, the Board may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations.
Other matters. To hear and decide all matters referred to it or upon which it is required to pass under this Title.
Conditions of determination.
In exercising the foregoing powers, such Board may, in conformity with the provisions of this Chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals under this Chapter, the Board shall before making any findings in a specific matter, first determine that the proposed change will not constitute a change in the District Map and will not impair an adequate supply of light and air to adjacent property, or increase the congestion in public streets, or increase the public danger of fire and safety or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the City of Pleasant Valley, Missouri. Every change granted or denied by the Board shall be accompanied by a written finding of fact specifying the reason for granting or denying the variation and said written report shall be filed in the office of the Board within ten (10) days after the date of the action of the Board.
A concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Title, or to effect any variation in this Title.
Procedure. The procedure for requesting a hearing before the Board shall be as follows:
All applications to the Board shall be in writing on forms provided by the Board and filed with the Director of Public Works acting as the Zoning Administrator.
The Board shall fix a reasonable time for the hearing of an application and notice of the time, place and subject of each hearing shall be published in the newspaper of general circulation of the area (as designated by the Board of Aldermen) at least fifteen (15) days prior to the date fixed for the public hearing.
An application shall be accompanied by a filing fee in an amount established by the Board of Aldermen. A separate filing fee shall be required for each request.
Additional Requirements. In addition to the above requirements, certain applications require additional information as follows:
An application for an appeal shall be filed within sixty (60) days after a ruling has been made by the Zoning Administrator.
A copy of the order, requirement, decision or determination of the Director of Public Works acting as the Zoning Administrator which the applicant believes to be in error shall be submitted.
A clear and accurate, written description of the proposed use, work or action to which the appeal is involved and a statement justifying the applicant's position.
Where necessary, a plot plan, drawn to scale, in duplicate showing existing conditions and proposed plans for the area in question shall be submitted.
The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the Zoning Regulations from which the variance is requested, and outlining in detail the manner in which it is believed that this application will meet each of the five (5) conditions as set out in Section 410.230(2)(b) of Article II of this Chapter.
The applicant shall submit a sketch, in duplicate, drawn to scale and showing the lot or lots included in the application, the structures existing thereon, and the structures contemplated necessitating the variance requested. All appropriate dimensions and any other information which would be helpful to the Board in consideration of the application shall be included.
In making any decision varying or modifying any provisions of the Zoning Regulations or in granting an exception to the district regulations, the Board shall impose such restrictions, terms, time limitations, landscaping, screening, and other appropriate safeguards as needed to protect adjoining property.
The Board may require a performance bond to guarantee the installation of improvements such as parking lot surfacing, landscaping, etc. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the Board, and shall be enforceable by or payable to the Board of Aldermen in the sum equal to the cost of constructing the required improvements.
Any person or persons, jointly or severally aggrieved by any decision of the Board, or any officer, department or board of the municipality, may present to the Circuit Court of the County, a petition, duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board.
Upon the presentation of such petition, the Court may allow a writ of certiorari directed to the Board to review such decision of the Board and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board and on due cause shown, grant a restraining order.
The Board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with the findings of fact and conclusion of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
Costs shall not be allowed against the Board unless it shall appear to the Court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.
All issues in any proceeding under this Section shall have preference over all other civil actions and proceedings.