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
(â…”) 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.
A.Â
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.
B.Â
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.
C.Â
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]
A.Â
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.
B.Â
Lot
Split Procedure.
1.Â
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.
2.Â
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.
3.Â
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.
A.Â
The
Board of Adjustment shall have the following powers and duties:
1.Â
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.
a.Â
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.
b.Â
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.
2.Â
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.
a.Â
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.
b.Â
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.
(1)Â
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.
(2)Â
The granting of the permit for the variance will not adversely
affect the rights of adjacent property owners or residents.
(3)Â
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.
(4)Â
The variance desired will not adversely affect the public health,
safety, morals, order, convenience, prosperity, or general welfare.
(5)Â
The granting of the variance desired will not be opposed to
the general spirit and intent of the Zoning Regulations.
c.Â
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.
3.Â
Other matters. To hear and decide all matters referred
to it or upon which it is required to pass under this Title.
4.Â
Conditions of determination.
a.Â
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.
b.Â
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.
A.Â
Procedure. The procedure for requesting a hearing before
the Board shall be as follows:
1.Â
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.
2.Â
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.
3.Â
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.
B.Â
Additional Requirements. In addition to the above requirements,
certain applications require additional information as follows:
1.Â
Goals.
a.Â
An application for an appeal shall be filed within sixty (60) days
after a ruling has been made by the Zoning Administrator.
b.Â
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.
c.Â
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.
d.Â
Where necessary, a plot plan, drawn to scale, in duplicate showing
existing conditions and proposed plans for the area in question shall
be submitted.
2.Â
Variances.
a.Â
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.
b.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
All
issues in any proceeding under this Section shall have preference
over all other civil actions and proceedings.
