[R.O. 2012 § 405.010; Ord. No.
5 § 1, 9-12-1973; Ord. No. 150, 4-20-1993]
For the purposes of this Chapter, the following terms mean or
include:
The chief legislative body of the City.
The City Planning and Zoning Commission.
Any public ways.
The division of a parcel of land into two (2) or more lots,
or other divisions of land; it includes re-subdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
[1]
State Law Reference: See RSMo. § 89.300.
[R.O. 2012 § 405.020; Amend. No. 3 to Ord. No. 5, 12-3-1990; Ord. No. 150, 4-20-1993; Ord. No. 211 § 1, 6-3-1997; Ord. No. 233, 11-17-1998; Ord. No. 450, 5-1-2018; Ord. No. 520, 12-7-2021; Ord.
No. 537, 6-21-2023]
A.
There is created and established a Planning and Zoning Commission
of the City which shall consist of a maximum of fifteen (15) members,
and a minimum of nine (9) members, including:
1.
Two (2) non-voting members consisting of the Mayor, and a member
of the Board of Aldermen to serve on the Commission.
2.
Seven (7) voting members consisting of citizens appointed by
the Mayor and approved by the Board of Aldermen. All members shall
serve without compensation and must be residents of Kimberling City.
The term of each of the members shall be two (2) years. Any vacancy
in membership shall be filled for the unexpired term by appointment
as aforesaid.
3.
Each member, at the end of his/her respective term, must request
reappointment by the Mayor. The Mayor at his/her discretion shall,
by and with the consent of the Board of Aldermen, reappoint the member
for a two (2) year term.
4.
All terms shall run June 1 through May 31 of each year, even if the
appointment was made mid-year.
[R.O. 2012 § 405.030; Ord. No.
5 § 3, 9-12-1973; Ord. No. 450, 5-1-2018; Ord. No. 537, 6-21-2023]
A.
Organization.
The Planning and Zoning Committee shall annually elect from its members
a Chairperson, a Vice Chairperson and a Secretary from among the citizen
members. The term of the Chairperson, Vice Chairperson and Secretary
shall be for one (1) year with eligibility for reelection.
B.
Removal.
The Board of Aldermen may remove any member for cause stated in writing
and after a public hearing.
[R.O. 2012 § 405.040; Ord. No.
5 § 4, 9-12-1973]
The Commission shall hold a regular meeting each month. Special
meetings may be called at any time by the Chairman of the Commission.
[R.O. 2012 § 405.050; Ord. No.
5 § 5, 9-12-1973]
The Commission shall adopt rules for the transaction of business
and keep a record of its proceedings. These records shall be public
records.
[R.O. 2012 § 405.060; Ord. No.
5 § 6, 9-12-1973]
The Commission shall expend monies within the amounts appropriated
for the purpose by the Board of Aldermen (exclusive of grants and
gifts). The Commission shall appoint the employees and staff necessary
for its work, subject to above monetary limitations, and may contract
with city planners and other persons for the services that it requires,
also subject to the above monetary limitations.
[R.O. 2012 § 405.070; Ord. No.
5 § 7, 9-12-1973]
The Commission shall make and adopt a City Plan for the physical
development of the municipality, to include a land use plan, a thoroughfare
plan, a community facilities plan, a public improvements program,
a Zoning Ordinance and Map, and subdivision regulations. There shall
also be included an analysis of the living conditions in neighborhoods,
and an outline of the proper administration and coordination procedures.
Additional eligible elements of the City Plan may include base maps,
an economic base study, collection and analysis of basic data, population
study, traffic circulation study, public utilities plan (water system,
sanitary sewer, solid waste disposal and storm drainage), land use
survey and study, neighborhood analysis, transportation routes and
terminals plan, capital budget, flood control and stream and lake
pollution plan, community goals, model building and housing codes,
programming-planning-budgeting system, parking study, planning education
program, updating and maintenance of plan elements, annexation studies,
central business district, community facilities plan, (public buildings,
school, parks and open spaces, utilities), physiographic studies,
planning administration recommendations, long range fiscal plan, participation
in public hearings, topographic maps, general civic center development
plan and administration and coordination of plan.
[R.O. 2012 § 405.080; Ord. No.
5 § 8, 9-12-1973]
In the preparation of the City Plan, the Commission shall make
a careful and comprehensive survey and study of the existing conditions
and probable 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. 2012 § 405.090; Ord. No.
5 § 9, 9-12-1973]
A.
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 parts of the functional subdivisions of the subject matter of the plan as per Section 420.070 above. 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 City. The hearing may be adjourned from time to time.
B.
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 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, 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
County Recorder of Deeds.
[R.O. 2012 § 405.100; Ord. No.
5 § 10, 9-12-1973]
The 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 executive or legislative
officials of the City 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
city planning.
[R.O. 2012 § 405.110; Ord. No.
5 § 11, 9-12-1973; Ord. No. 150, 4-20-1993; Ord. No. 193, 10-17-1995]
Whenever the 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 and Zoning Commission.
In case of disapproval, the Commission shall communicate its reasons
to the Board of Aldermen, 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 of Aldermen, or the appropriate
board, may proceed, except that if the public facilities 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 and Zoning 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 the entire membership.
The acceptance, widening, removal, extension, re-location, 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 or 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.
If a street change, as outlined in the foregoing, is petitioned by
a property owner(s), a survey may be required by the Planning and
Zoning Commission or Board of Aldermen, of property owners, whose
property may be affected by the change. If required, the certified
mailing expense shall be paid by the petitioner to the City Clerk
for further consideration or action by the City Government.
[R.O. 2012 § 405.120; Ord. No.
5 § 12, 9-12-1973; Ord. No. 150, 4-20-1993]
The Commission shall have and perform all the functions of the
Planning and Zoning Commission provided for in Sections 89.010 to
89.250, RSMo.
[1]
State Law Reference: See RSMo. §§ 89.010-89.250,
89.320.
[R.O. 2012 § 405.130; Ord. No.
5 § 13, 9-12-1973; Ord. No. 150, 4-20-1993]
When the Planning and Zoning Commission of the City 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 said plan is adopted by two-thirds (2/3) of the Board of
Aldermen, and the said Commission files a certified copy of the major
street plan in the office of the County Recorder of Stone County;
thereafter no plat of a subdivision of land lying within the City
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. 2012 § 405.140; Ord. No.
5 § 14, 9-12-1973; Ord. No. 150, 4-20-1993]
A.
The Planning and Zoning Commission shall recommend and the Board
of Aldermen may by ordinance adopt regulations governing the subdivision
of land within its jurisdiction, the regulation, in addition to the
requirements provided by law for the approval of plats, may provide
requirements for the coordinated development of the City; for the
coordination of streets within subdivisions with other existing or
planned streets or with features of the City Plan or Official City
Map; for adequate open spaces for traffic and 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
thereof 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 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 installation 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
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 the 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 the 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. 2012 § 405.150; Ord. No.
5 § 15, 9-12-1973]
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 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. 2012 § 405.160; Ord. No.
5 § 16, 9-12-1973]
The approval of a plat by the Commission does not constitute
or effect an acceptance by the City or public of the dedication to
public use of any street or other ground shown on the plat.
[R.O. 2012 § 405.170; Ord. No.
5 § 17, 9-12-1973; Ord. No. 150, 4-20-1993]
No County Recorder shall receive for filing or recording any
subdivision plat required to be approved by the Board of Aldermen
or City Planning and Zoning Commission unless the plat has 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
and Zoning Commission.
[R.O. 2012 § 405.180; Ord. No.
5 § 18, 9-12-1973; Ord. No. 150, 4-20-1993]
No owner, or agent of the owner, of any land located within
the platting jurisdiction of the City, knowingly or with intent to
defraud, may transfer, sell, agree to sell, or negotiate to sell land
by reference to or by any other use of a plat of any purported subdivision
before the plat has been approved by the Board of Aldermen or Planning
and Zoning Commission and recorded in the office of the Stone County
Recorder unless the owner or agent shall disclose, in writing, that
such plat has not been approved by such Board or Planning and Zoning
Commission and the sale is contingent upon the approval of such plat
by such Board or Planning and Zoning Commission. Any person violating
the provisions of this Section shall forfeit and pay to the City a
penalty of 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 by legal action, and may recover the
penalty in such action.
[R.O. 2012 § 405.190; Ord. No.
5 § 19, 9-12-1973; Ord. No. 150, 4-20-1993]
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 City unless
the street has received the legal status of a public street prior
to the adoption of the 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 Planning and Zoning Commission,
or on a street plan made by and adopted by the Commission. 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 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 of Aldermen.
[R.O. 2012 § 405.200; Ord. No.
5 § 20, 9-12-1973]
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 requirements of Section 420.190.
[R.O. 2012 § 405.210; Ord. No.
5 § 21, 9-12-1973; Ord. No. 150, 4-20-1993]
Whenever a plan for major streets has been adopted, the Board of Aldermen upon recommendation of the Planning and Zoning 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 building or setback lines. When a plan for proposed major streets or other public improvements has been adopted, the council is authorized to prohibit any new building being located within the proposed site or right-of-way when the centerline 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 and Zoning Commission and adopted by the Board of Aldermen. The Board of Aldermen shall provide for the method by which this Section shall be administered and enforced and may provide for a Board of Adjustment with powers to modify or vary the regulations in specific cases, in order that unwarranted hardship, which constitutes an unreasonable deprivation of use as distinguished from the mere grant of a privilege, may be avoided. The personnel, length of terms, method of appointment and organization of the Board of Adjustment for the building line regulations shall be the same as now provided for the City Board of Zoning Adjustment. The regulations of this Section shall not be adopted, changed or amended until a public hearing has been held as provided in Section 420.090.
[R.O. 2012 § 405.220; Ord. No.
5 § 22, 9-12-1973]
The Commission shall submit annually to the Mayor, not less
than ninety (90) days prior to the beginning of the budget year, a
list of recommended capital improvements which, in the opinion of
the Commission, are necessary or desirable to be constructed during
the forthcoming six-year period. Such list shall be arranged in order
of priority, with recommendations as to the year in which each project
should be constructed.
[1]
State Law Reference: RSMo. § 89.370.
[R.O. 2012 § 405.230; Ord. No.
5 § 23, 9-12-1973]
Any person violating the provisions of this Chapter is guilty
of an ordinance violation 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.
