[CC 2010 § 3A.100; Ord. No. 316, 12-27-1971]
For the purposes of this Code the following words and/or phrases
will have the meaning indicated below.
The chief legislative body of the City of Sturgeon, Missouri;
Any public ways;
A division of a parcel of land into two (2) or more lots,
or other division 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 2010 § 3A.105; Ord. No. 316, 12-27-1971]
The Board of Aldermen of the City of Sturgeon shall adopt, amend
and carry out a City Plan, and appoint a Planning and Zoning Commission
with the powers and duties herein set forth.
[CC 2010 § 3A.110; Ord. No. 316, 12-27-1971]
There is hereby created a City Planning and Zoning Commission
for the purpose of developing a City Plan, the organization, power
and duties of which to be as follows.
[CC 2010 § 3A.115; Ord. No. 545, effective 4-22-1996; Ord. No. 316[3]; Ord. No. 749, 8-22-2011]
A.
The Planning and Zoning Commission of the City of Sturgeon shall
consist of seven (7) members, composed of the following persons:
1.
The Mayor, if the Mayor chooses to be a member by appointing
himself or herself, for as long as the Mayor remains a Commission
member; and
2.
A member of the Board of Aldermen, selected by the Board of
Aldermen, if the Board of Aldermen chooses to have an Alderman serve
on the Commission by so selecting that Alderman member, for as long
as the Alderman remains a Commission member; and
3.
Five (5) citizens appointed by the Mayor and approved by the
Board of Aldermen [and one (1) additional citizen member if the Mayor
chooses not to be a member, and one (1) additional citizen member
if the Board of Aldermen chooses not to have an Alderman member, each
additional citizen member being appointed for a one-year term beginning
June 1].
B.
All citizen members of the Commission shall serve without compensation.
C.
The term of each of the five (5) citizen members shall be for four
(4) years beginning June 1, except that the terms of the citizen members
first appointed shall be for varying periods, so the succeeding terms
will be staggered from one (1) year to four (4) years. Any vacancy
on the Commission citizen membership shall be filled for the unexpired
term by appointment as aforesaid by the Mayor and approval by the
Board of Aldermen. The Board of Aldermen may remove any citizen member
for cause stated in writing, and after public hearing.
[CC 2010 § 3A.120; Ord. No. 316, 12-27-1971; Ord. No.
749, 8-22-2011]
A.
The Planning and Zoning 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 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.
There shall be a majority [more than fifty percent (50%)] of the total
citizen members on the Commission in attendance at any Commission
meeting to constitute a quorum for the transaction of Commission business.
"Total citizen members" includes any additional citizen member appointed
if either the Mayor chooses not be a Commission member or if the Board
of Aldermen chooses not to have an Alderman be a Commission member,
or if both possibilities take place.
B.
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.
[CC 2010 § 3A.125; Ord. No. 316, 12-27-1971]
The Commission shall make and adopt a City Plan for the physical
development of the City of Sturgeon. 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 or the regulation
of the height, area, bulk, location and use of private, non-profit
and public structures and premises, and of population density.
[CC 2010 § 3A.130; Ord. No. 316, 12-27-1971]
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 City. The City Plan shall be made
with the purpose of guiding and accomplishing a coordinated development
of the City 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 2010 § 3A.135; Ord. No. 316, 12-27-1971]
The 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. Before the adoption, amendment or extension
of the City 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 with the City of Sturgeon.
The hearing may be adjourned from time to time. The adoption of the
City 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 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
City Plan or part thereof shall be certified to the Board of Aldermen
and the Municipal Clerk, and a copy shall be recorded in the office
of the Boone County Recorder of Deeds and shall be available at the
City Clerk's office for public inspection during normal office hours.
[CC 2010 § 3A.140; Ord. No. 316, 12-27-1971]
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
municipal planning.
[CC 2010 § 3A.145; Ord. No. 316, 12-27-1971]
Whenever the Commission adopts the City Plan of the City of
Sturgeon 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 (1) the authorization
of 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 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 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 2010 § 3A.150; Ord. No. 316, 12-27-1971]
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.
[CC 2010 § 3A.155; Ord. No. 316, 12-27-1971]
After the Planning and Zoning Commission of the City of Sturgeon
adopts a City Plan which includes at least a major street plan or
progresses in its City Planning to the making and adopting of a major
street plan and files a certified copy of the major street plan in
the office of the Recorder of Deeds of Boone County, then 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 of
Aldermen has approved the plat as provided by law.
[CC 2010 § 3A.160; Ord. No. 316, 12-27-1971]
Before adoption of any subdivision regulations, or any amendment
thereof by the Board of Aldermen, a duly advertised public hearing
thereof shall be held by the Board of Aldermen.
[CC 2010 § 3A.165; Ord. No. 316, 12-27-1971]
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.
[CC 2010 § 3A.170; Ord. No. 316, 12-27-1971]
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 upon the plat.
[CC 2010 §§ 3A.175, 25.140; Ord. No. 316, 12-27-1971]
No owner or agent of the owner of any land located within the
platting jurisdiction of the City of Sturgeon, 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 Boone County Recorder unless the owner or agent shall
disclose in writing that such plat has not been approved by the Board
of Aldermen or Planning and Zoning Commission and the sale is contingent
upon the approval of such plat by the Board of Aldermen or Planning
and Zoning Commission. Any person violating the provisions of this
Section shall forfeit and pay to the City 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. Said penalty shall be set by the Board of Aldermen.
The City of Sturgeon may enjoin or vacate the transfer or sale or
agreement by legal action, and may recover the penalty in such action.
[CC 2010 § 3A.180; Ord. No. 316, 12-27-1971]
Upon adoption of a Major Street Plan and Subdivision Regulations
the City of Sturgeon 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 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
of the entire membership of the Board of Aldermen.
[CC 2010 § 3A.185; Ord. No. 316, 12-27-1971]
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.
[CC 2010 § 3A.190; Ord. No. 316, 12-27-1971]
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 and Zoning Commission and adopted by the Board of
Aldermen.
