[R.O. 1994 §405.010; Ord. No. 52 §1, 1-6-1975]
For the purpose of this Chapter the following terms mean or
include:
SUBDIVISION
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. 1994 §405.020; Ord. No. 52 §2, 1-6-1975]
The Board of Aldermen of the City of Jonesburg shall adopt,
amend and carry out a City plan, and the Mayor, with the approval
of the Board of Aldermen, shall appoint a Planning and Zoning Commission with
the powers and duties herein set forth.
[R.O. 1994 §405.030; Ord. No. 52 §3, 1-6-1975]
The Planning and Zoning Commission of the City of Jonesburg shall consist
of eight (8) members, including the Mayor, a member of the Board of
Aldermen selected by the Board of Aldermen annually at its first organizational
meeting, the City Engineer or similar City Official, and five (5)
citizens appointed by the Mayor and approved by the Board of Aldermen.
All citizen members of the Commission 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 the succeeding terms will be staggered.
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.
[R.O. 1994 §405.040; Ord. No. 52 §4, 1-6-1975]
The 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 reelection. The Commission shall
hold regular meetings and special meetings as they provide 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 of Aldermen.
[R.O. 1994 §405.050; Ord. No. 52 §5, 1-6-1975]
The Commission shall make and adopt a City plan for the physical
development of the City of Jonesburg. 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 shall also prepare a zoning plan for the regulation
of the height, area, bulk, location and use of private, non-profit
and public structures and premises, and of population density.
[R.O. 1994 §405.060; Ord. No. 52 §6, 1-6-1975]
In the preparation of the City plan, the Commission shall make
careful and comprehensive surveys and studies of the existing conditions
and probable future growth of the municipality. The 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.
[R.O. 1994 §405.070]
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
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 available in the office of the County Recorder of Deeds and
shall be available at the City Hall for public inspection during normal
office hours.
[R.O. 1994 §405.080; Ord. No. 52 §8, 1-6-1975]
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. 1994 §405.090; Ord. No. 52 §9, 1-6-1975]
Whenever the Commission adopts the plan of the City of Jonesburg
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 of Aldermen, 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 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 and Zoning Commission shall be by the board having
jurisdiction, and 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 other public facilities
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. 1994 §405.100; Ord. No. 52 §10, 1-6-1975]
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 and Zoning Commission as
outlined in said Chapter.
[R.O. 1994 §405.110; Ord. No. 52 §11, 1-6-1975]
After the Planning and Zoning Commission of the City of Jonesburg 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 Recorder of Deeds of Montgomery County, then no plat of a subdivision
of land lying within the municipality shall be filed and 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 of
Aldermen has approved the plat as provided by law.
[R.O. 1994 §405.120; Ord. No. 52 §12, 1-6-1975]
Before adoption of any subdivision regulations, or any amendment
thereof by the Board of Aldermen, a duly advertised public hearing
thereon may be held by the Board of Aldermen.
[R.O. 1994 §405.130; Ord. No. 52 §13, 1-6-1975]
Within sixty (60) days after submission of a subdivision 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. 1994 §405.140; Ord. No. 52 §14, 1-6-1975]
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. 1994 §405.150; Ord. No. 52 §15, 1-6-1975]
[R.O. 1994 §405.160; Ord. No. 52 §16, 1-6-1975]
Upon adoption of a major street plan and subdivision regulations,
the City of Jonesburg 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 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. 1994 §405.170; Ord. No. 52 §17, 1-6-1975]
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 above-described.
[R.O. 1994 §405.180; Ord. No. 52 §18, 1-6-1975]
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 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.
[R.O. 1994 §405.190; Ord. No. 52 §19, 1-6-1975]
Any person violating the provisions of this Chapter shall be
guilty of an ordinance violation and upon conviction thereof shall
be fined not less than fifty dollars ($50.00) 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.