There is hereby established within and for the City a Planning
and Zoning Commission which shall consist of not more than fifteen
(15) nor less than seven (7) members, including the Mayor, if the
Mayor chooses to be a member; a member of the Board of Aldermen selected
by the Board, if the Board chooses to have a member serve on the Commission;
and not more than fifteen (15) nor less than five (5) citizens appointed
by the Mayor and approved by the Board of Aldermen. The term of each
of the citizen members shall be for four (4) years, except that the
terms of the citizen members first (1st) appointed shall be for varying
periods so that 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.
All citizen members of the Planning and Zoning Commission shall
serve without compensation.
The Planning and Zoning Commission shall elect a Chairman and
a Secretary from among the citizen members. The term of Chairman and
Secretary shall be for one (1) year with eligibility for re-election.
The Planning and Zoning 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 expenditures of the Planning and Zoning Commission, exclusive
of grants and gifts, shall be within amounts appropriated for the
purposes of the Board of Aldermen.
All public officials shall upon request furnish to the Planning
and Zoning Commission, within a reasonable time, all available information
it requires for its works.
In general, the Planning and Zoning Commission shall have the
power necessary to enable it to perform its functions and promote
City planning. The Planning and Zoning Commission shall have the power
to 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 Board as outlined in such Chapter.
[CC 1978 §44.010]
For the purpose of this Chapter, the following terms mean or
include:
Board of Aldermen of the City of Warsaw.
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.
[CC 1978 §44.040]
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 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, 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 of Chapter 89, RSMo.
[CC 1978 §44.050]
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 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.
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 Clerk's office for public inspection
during normal office hours.
[CC 1978 §44.070]
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.
[CC 1978 §44.080]
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 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 (⅔)
of its entire membership, may overrule the disapproval and, upon the
overruling, the Board or the appropriate board or officer may proceed,
except that if the public facility or utility is one (1) the authorization
or financing of which does not fall within the province of the Board,
then the submission to the Planning 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 (⅔)
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 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.
[CC 1978 §44.090]
The Commission shall have and perform all of the functions of
the Zoning Commission provided for in Chapter 89, RSMo.
[CC 1978 §44.100]
When the Planning 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.
[CC 1978 §44.110]
A.
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; 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 City;
for adequate open spaces for traffic, recreation, light and air; and
for a distribution of population and traffic; provided that, the City
may only impose requirements and the posting of bonds regarding escrows
for subdivision-related regulations as provided for in Subsections
(2) through (4) of Section 89.410, RSMo.
B.
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.
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 utility 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
or escrow in an amount and with surety and other reasonable conditions,
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; provided that, the release
of such escrow by the City shall be as specified in this section.
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 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.
Before
adoption of its subdivision regulations or any amendment thereof,
a duly advertised public hearing thereon shall be held by the Board.
[CC 1978 §44.120]
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 (60) day period. The ground of disapproval of any plat by the
Commission shall be made a matter of record.
[CC 1978 §44.130]
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 on the plat.
[CC 1978 §44.140]
No County Recorder shall receive for filing or recording any
subdivision plat required to be approved by a Board of Aldermen or
municipal Planning 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 Commission.
[CC 1978 §44.150]
No owner or agent of the owner of any land located within the
platting jurisdiction of any municipality, knowingly or with intent
to defraud shall 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 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.
[CC 1978 §44.160]
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 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 (⅔) of the entire membership
of the Board.
[CC 1978 §44.170]
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 requirements of Section 400.210.
[CC 1978 §44.180]
Whenever a plan for major streets has been adopted, the Board, 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 building or setback lines. When a plan for proposed major streets or other public improvements has been adopted, the Board 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 Commission and adopted by the Board. The Board 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. If there is a Board of Zoning Adjustment on the effective date of this act, that Board shall be appointed to serve as the Board of Adjustment for the building line regulations. If there is no Board of Zoning Adjustment, 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 municipal Boards of Zoning Adjustment. The regulations of this Section shall not be adopted, changed or amended until a public hearing has been held thereon as provided in Section 400.110 of this Article.
[Ord. No. 240 §2, 3-21-2016[1]]
A.
Purpose. The purpose of this policy is to set forth
guiding principles and practices for use in all transportation projects,
where practicable, economically feasible, and otherwise in accordance
with applicable law, so as to encourage walking, bicycling, and other
non-motorized forms of transit, in addition to normal motorized transit,
including personal, freight, and public transit vehicles. All uses
must be designed to allow safe operations for all users regardless
of age or ability. The ultimate goal of this policy is the creation
of an interconnected network of complete streets that balances the
needs of all users in pleasant and appealing ways in order to achieve
maximum functionality and use.
B.
Application And Scope.
1.
This policy requires the City Administrator to include complete
street elements in the design, construction and maintenance of public
transportation projects, improvements and facilities. The City Administrator
or City Council may exempt a project from this policy, provided one
or more of the following conditions are met:
a.
Non-motorized use of the roadway under consideration is prohibited
by law. In this case a greater effort may be necessary to accommodate
bicyclists and pedestrians elsewhere within the right-of-way or within
the same transportation corridor.
b.
The cost of inclusion would be excessively disproportionate
to the need or probable use. "Excessively disproportionate" is defined
as exceeding twenty percent (20%) of the cost of the larger transportation
project. This twenty-percent (20%) figure should be used in an advisory
rather than an absolute sense.
c.
The street has severe topographic or natural resource constraints.
In all cases where an exemption has been granted, the City Administrator
or other appropriate official shall document the decision and the
invoked exemption condition(s) in the project plan.
2.
The City will strive, where practicable and economically feasible,
to incorporate complete streets elements into all public transportation
projects in order to provide appropriate accommodation for bicyclists,
pedestrians, transit users and persons of all abilities, while promoting
safe operation for all users, in comprehensive and connected networks
in a manner consistent with, and supportive of, the surrounding community.
3.
The City will incorporate complete streets principles into all
public strategic plans, upon subsequent updates. The principles, where
practicable, shall be incorporated into other public works plans,
manuals, rules, regulations, operational standards, and programs as
appropriate and directed by the City Administrator. The principles
shall be incorporated into appropriate materials and resources no
later than two (2) years after the adoption of this Section.
4.
It shall be a goal of the City to foster partnerships with the
State of Missouri, Benton County, neighboring communities, and Warsaw
City Business Districts in consideration of functional facilities
and accommodations in furtherance of the City's complete streets
policy and the continuation of such facilities and accommodations
beyond the City's borders.
5.
The City recognizes that complete streets may be achieved through
single elements incorporated into a particular project or incrementally
through a series of smaller improvements or maintenance activities
over time. The City will attempt to draw upon all possible funding
sources to plan and implement this policy and shall investigate grants
that may be available to make complete streets elements more economically
feasible.
6.
The City recognizes that the elements comprising a complete
street are only effective when appealing and pleasant to use and will
ensure improvements meet those standards.
C.
Study/Analysis To Be Undertaken As Part Of Public Transportation
Project.
1.
During the planning phase of any public transportation improvement
project, a designee of the City Administrator (which may be the City's
Design Engineer, or other person or firm deemed appropriate by the
City Administrator) shall conduct a study and analysis relating to
the addition and incorporation of complete streets elements into the
project.
2.
This policy requires consideration of complete streets elements
by the Planning and Zoning Commission and Board of Aldermen, in appropriate
circumstances. Accordingly, the City strongly encourages all developers
and builders to obtain and comply with, as appropriate, these standards.
3.
This policy is intended to cover all development and redevelopment
in the public domain within Warsaw. This includes all public transportation
projects such as, but not limited to, new road construction, reconstruction
retrofits, upgrades, resurfacing, and rehabilitation. This also includes
privately built roads intended for public use. As such, compliance
with these principles may be factored into decisions related to the
City's participation in private projects and whether the City
will accept possession of privately built roads constructed after
the passage of this Section. The City Administrator, on a case-by-case
basis, may exclude routine maintenance from these requirements.
4.
The City understands that special considerations and designs
are necessary to accommodate older adults and disabled citizens. Accordingly,
the City will ensure that those needs are met in all complete streets
designs. All public transportation projects involving complete streets
elements, where practicable, shall be ADA compliant to help meet those
special considerations.
D.
Guiding Principles And Practices.
1.
"Complete street" defined. A complete street is designed to
be a transportation corridor for all users: pedestrians, cyclists,
transit users, and motorists. Complete streets are designed and operated
to enable safe continuous travel networks for all users. Pedestrians,
bicyclists, motorists and bus riders of all ages and abilities are
able to safely move from destination to destination along and across
a network of complete streets. Transportation improvements, facilities
and amenities that may contribute to complete streets and that are
considered as elements of a complete street include street and sidewalk
lighting; pedestrian and bicycle safety improvements; access improvements,
including compliance with the Americans with Disabilities Act; public
transit facilities accommodation, including, but not limited to, pedestrian
access improvement to transit stops and stations; street trees and
landscaping; drainage; and street amenities.
2.
The study and analysis shall include cost estimates, whether
the elements could be incorporated in a safe and legal manner, the
degree that such improvements or facilities may be utilized, the benefit
of such improvements or facilities to other public transportation
improvements, whether additional property is required, physical or
area requirements or limitations and any other factors deemed relevant.
3.
Such study and analysis shall be submitted to the City Administrator
for consideration in the design and planning of the public transportation
project. The City Administrator shall incorporate complete streets
elements in each public transportation project to the extent that
such is economically and physically feasible.
E.
Administration.
1.
The City Administrator shall be responsible for the overall
implementation and execution of the complete streets principles and
practices.
2.
The City Administrator shall collaborate with appropriate staff
to adopt a complete streets checklist for use on all public transportation
projects. The City encourages all developers and builders to obtain
and use this checklist.
3.
When available, appropriate, and monetarily feasible, the City
shall support staff professional development and training on non-motorized
transportation issues through attending conferences, classes, seminars,
and workshops.
[1]
Editor's Note: Section 1 of this ordinance repealed former
Section 400.240, Violation is Misdemeanor, adopted CC 1978 § 44.190.
