[1]
Cross References: As to building codes and regulations, Ch. 500; as to floodplain management, Ch. 420; as to parks and recreation, Ch. 225; as to streets, sidewalks and other public places, Ch. 510; as to subdivision regulations, Ch. 410; as to utilities, Title VII; as to zoning regulations, Ch. 405.
[R.O. 2013 § 400.010; R.O. 2005 § 23-1; Ord. No. 40.010]
For the purposes of this Chapter,
the following terms mean or include:
The Board of Aldermen of the City of Fayette, the chief legislative
body of said municipality.
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 to the process of subdividing or to the land
or territory subdivided.
[R.O. 2013 § 400.020; R.O. 2005 § 23-2; Ord. No. 40.020]
The City of Fayette, Missouri, may
make, adopt, amend and carry out a plan and appoint a Planning and
Zoning Commission with the powers and duties herein set forth.
[R.O. 2013 § 400.030; R.O. 2005 § 23-3; Ord. No. 40.030; Ord. No. 40.031 § 1;
Ord. No. 98-16 § 2, 10-6-1998; Ord. No. 99-20, 9-7-1999]
The Planning and Zoning Commission
of the City of Fayette, Missouri, shall consist of nine (9) members,
including a member of the Board of Aldermen and eight (8) citizen
members appointed by the Mayor and approved by the Board of Aldermen.
All citizen members of the Planning and Zoning Commission shall serve
without compensation. The terms of each citizen member shall be 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.
Any vacancy on the Planning and Zoning Commission 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.
[R.O. 2005 § 23-4; Ord. No. 40.040; Ord. No. 93-35]
A.
The 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 re-election.
The Commission shall hold regular meetings and special meetings as
provided by rule, and shall adopt rules for the transaction of business
and keep a record of its proceedings. These records shall be public
records. The 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
Commission, exclusive of grants and gifts, shall be within the amounts
appropriated for the purpose by the Board.
B.
Where a Zoning or Planning and Zoning Commission
exists on October 1, 1963, it shall constitute the City Planning and
Zoning Commission for the purpose of Sections 89.300 through 89.490,
RSMo., in lieu of the Commission provided for herein with the same
officer, membership procedures, powers and terms of office as theretofore
existing, unless the Board otherwise provides; except in a Charter
City where the provisions of the Charter shall govern.
[R.O. 2013 § 400.050; R.O. 2005 § 23-5; Ord. No. 40.050; Ord. No.
93-36]
The Commission shall make and adopt
a City plan for the physical development of the municipality. 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 may also prepare a zoning
plan for the regulation of the height, area, bulk, location and use
of the private, non-profit and public structures and premises, and
of population density, but the adoption, enforcement and administration
of the zoning plan shall conform to the provisions found in Chapter
89, RSMo.
[R.O. 2013 § 400.060; R.O. 2005 § 23-6; Ord. No. 40.060]
In the preparation of the City plan,
the Commission shall make careful and comprehensive surveys and studies
of the existing conditions and probably future growth of the municipality.
The plan shall be made with the general 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.
[R.O. 2013 § 400.070; R.O. 2005 § 23-7; Ord. No. 40.070]
The 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 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 municipality. 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 and Zoning 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 signatures of the Secretary of the Commission,
identified properly by file number, and copy of the plan or part thereof
shall be certified to the Board and the Municipal Clerk, and a copy
shall be recorded in the office of the County Recorder of Deeds.
[R.O. 2013 § 400.080; R.O. 2005 § 23-8; Ord. No. 40.080]
The Commission may make reports and
recommendations relating to the plan and development of the municipality
to public officials and agencies, public utility companies, civic,
educational, professional and other organizations and citizens. It
may recommend to the executive or legislative officials of the municipality
programs for public improvements and the financing thereof. 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. 2013 § 400.090; R.O. 2005 § 23-9; Ord. No. 40.090]
Whenever the Commission adopts the
plan of the municipality 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 and Zoning Commission. In case of disapproval the Commission
shall communicate its reasons to the Board, and the Board, by vote
of not less than two-thirds (2/3) of its entire membership, may overrule
the disapproval, and upon the overruling, the Board or 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, then the submission to the Planning
and Zoning 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 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. 2013 § 400.100; R.O. 2005 § 23-10; Ord. No. 40.100; Ord. No.
93-37]
The Commission shall have and perform
all of the functions of the Zoning Commission provided for in Chapter
89, RSMo.
[R.O. 2013 § 400.110; R.O. 2005 § 23-11; Ord. No. 40.110]
When the Planning and Zoning Commission
of any municipality 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 County Recorder of the County in which the
municipality is located, no plat of a subdivision of land lying within
the municipality shall be filed or recorded until it has been submitted
to and a report and recommendation thereon made by the Commission
to the Board of Aldermen and the Board has approved the plat as provided
by law.
[R.O. 2013 § 400.120; R.O. 2005 § 23-12; Ord. No. 40.120]
A.
The Planning and Zoning Commission shall
recommend and the Board 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 municipality; for the coordination of streets within subdivisions
with other existing or planned streets or with other features of the
City plan or Official Map of the municipality; for adequate open spaces
for traffic, recreation, light and air; and for a distribution of
population and traffic.
B.
The regulation may include requirements
as to the extent and 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 may provide for the
tentative approval of the plat previous to the improvements and installation;
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 may accept 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 and expressed
in the bond; and the Board may enforce the bond by 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
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.
Before adoption of its subdivision regulations
or any amendment thereof, a duly advertised public hearing thereon
shall be held by the Board of Aldermen.
[R.O. 2013 § 400.130; R.O. 2005 § 23-13; Ord. No. 40.130]
Within sixty (60) days after the
submission of a 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.
[R.O. 2013 § 400.140; R.O. 2005 § 23-14; Ord. No. 40.140]
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.
[R.O. 2013 § 400.150; R.O. 2005 § 23-15; Ord. No. 40.130]
No County Recorder shall receive
for filing or recording any subdivision plat required to be approved
by a Board of Aldermen or municipal Planning and Zoning Commission
unless the plat has indorsed 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 and Zoning Commission.
[R.O. 2013 § 400.160; R.O. 2005 § 23-17; Ord. No. 40.150]
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 Board of Aldermen or Planning and Zoning
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 or Commission and the sale is
contingent upon the approval of such plat by such Board or Commission.
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.
[R.O. 2013 § 400.170; R.O. 2005 § 23-18; Ord. No. 40.160]
Upon adoption of a major street plan
and subdivision regulations, the municipality 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 or Planning
and Zoning Commission or on a street plan made by and adopted by the
Commission. The Board 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.
[R.O. 2013 § 400.180; R.O. 2005 § 23-19; Ord. No. 40.170]
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 above requirements.
[R.O. 2013 § 400.190]
When the Planning and Zoning 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 County Recorder of the County in which the municipality
is located, no plat of a subdivision of land lying within the municipality
shall be filed or recorded until it has been submitted to and a report
and recommendation thereon made by the Commission to the Board of
Aldermen and the Board has approved the plat as provided by law.
