State Law Reference — Zoning and planning, RSMo. Ch. 89.
[CC 1971 §20-12; Ord. No. 522 §2, 4-20-1965]
There is hereby created in and for the City a Planning Commission.
[CC 1971 §20-13; Ord. No. 522 §3, 4-20-1965; Ord. No. 903, 12-11-2001; Ord. No. 1088, 6-23-2011]
A.
The
Planning Commission for the City of Rock Port shall consist of the
following:
[CC 1971 §20-14; Ord. No. 522 §3, 4-20-1965; Ord. No. 1088, 6-23-2011]
The seven (7) members of the Planning Commission shall be appointed
by the Mayor, with the approval of the Board of Aldermen.
[CC 1971 §20-15; Ord. No. 522 §3, 4-20-1965]
The citizen members of the Planning Commission shall be for
four (4) years, except that the terms of the citizen members first
appointed to the Commission shall be for varying periods so that the
succeeding terms will be staggered. The terms of the non-citizen members
shall be concurrent with their terms of office.
[CC 1971 §20-16; Ord. No. 522 §3, 4-20-1965]
The Board of Aldermen may remove any citizen member of the Planning
Commission for cause stated in writing, after public hearing thereon,
from the Commission.
[CC 1971 §20-17; Ord. No. 522 §3, 4-20-1965]
Any vacancy occurring in the membership of the Planning Commission
shall be filled in like manner as the original appointment of members.
[CC 1971 §20-18; Ord. No. 522 §4, 4-20-1965]
The Planning 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.
[CC 1971 §20-19; Ord. No. 522 §4, 4-20-1965]
The Planning Commission shall hold regular meetings and special
meetings as they provide by rule; shall adopt rules for the transaction
of business; and keep a record of its proceedings, which records shall
be public records.
[CC 1971 §20-20; Ord. No. 522 §4, 4-20-1965]
The Planning Commission shall appoint employees and staff necessary
for its work and may contract with City planners and other professional
persons for the services that it requires subject to the advice of
the Board of Aldermen.
[CC 1971 §20-21; Ord. No. 522 §4, 4-20-1965]
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.
[CC 1971 §20-22; Ord. No. 522 §8, 4-20-1965]
All public officials shall, upon request, furnish to the Planning
Commission within a reasonable time, all available information it
requires for its work.
[CC 1971 §20-23; Ord. No. 522 §8, 4-20-1965]
The Planning Commission, its members and employees, in the performance
of their functions and duties, may enter upon any land within the
City to make examinations and surveys.
[CC 1971 §20-24; Ord. No. 522 §10, 4-20-1965]
In general, the Planning Commission shall have the power necessary
to enable it to perform its functions and promote municipal planning.
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.
[CC 1971 §20-35; Ord. No. 522 §5, 4-20-1965]
The Planning Commission shall make and adopt a City Plan for
the physical development of the City.
[CC 1971 §20-36; Ord. No. 522 §5, 4-20-1965]
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 within
the City, 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.
[CC 1971 §20-37; Ord. No. 522 §6, 4-20-1965]
The City 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.
[CC 1971 §20-38; Ord. No. 522 §6, 4-20-1965]
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 municipality.
[CC 1971 §20-39; Ord. No. 522 §7, 4-20-1965]
The Planning Commission may adopt the City 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.
[CC 1971 §20-40; Ord. No. 522 §7, 4-20-1965]
Before the adoption, amendment or extension of the City 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. The hearing may be adjourned
from time to time.
[CC 1971 §20-41; Ord. No. 522 §7, 4-20-1965]
The adoption of the City Plan shall require a majority vote
of the full membership of the Planning Commission.
[CC 1971 §20-42; Ord. No. 522 §7, 4-20-1965]
The resolution adopting the City Plan 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 Commission, and
filed in the Office of the Commission, identified properly by file
number. 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 County Recorder of Deeds.
[CC 1971 §20-43; Ord. No. 522 §9, 4-20-1965]
A.
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 municipality until the location, extent and character thereof
has been submitted to and approved by the Planning Commission.
B.
In
case of disapproval, the Planning Commission shall communicate its
reasons to the Board of Aldermen. The Board, by a 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, 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 (⅔) of its entire
membership.
C.
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.
[CC 1971 §20-44; Ord. No. 522 §16, 4-20-1965]
A.
Upon
adoption of a major street plan and subdivision regulations, the City
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.
B.
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 if the acceptance is first submitted to the Planning 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 Board of
Aldermen.
[CC 1971 §20-45; Ord. No. 522 §17, 4-20-1965]
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 Planning Commission unless the
street giving access to the lot upon which the building is proposed
to be placed conforms to the requirements above described.
[CC 1971 §20-46; Ord. No. 522 §18, 4-20-1965]
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 the building or setback lines.
[CC 1971 §20-47; Ord. No. 522 §18, 4-20-1965]
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.
